(1) If the respondent was not
personally served with the petition, notice of hearing, and ex
parte order before the hearing, the court shall reset the hearing
for twenty-four days from the date of entry of the order and may
order service by publication instead of personal service under the
following circumstances:
(a) The sheriff or municipal officer files an affidavit
stating that the officer was unable to complete personal service
upon the respondent. The affidavit must describe the number and
types of attempts the officer made to complete service;
(b) The petitioner files an affidavit stating that the
petitioner believes that the respondent is hiding from the server
to avoid service. The petitioner's affidavit must state the
reasons for the belief that the petitioner [respondent] is avoiding
service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this
section, notice of hearing, and the ex parte order of protection in
the post office, directed to the respondent at the respondent's
last known address, unless the server states that the server does
not know the respondent's address; and
(d) The court finds reasonable grounds exist to believe that
the respondent is concealing himself or herself to avoid service,
and that further attempts to personally serve the respondent would
be futile or unduly burdensome.
(2) The court shall reissue the temporary order of protection
not to exceed another twenty-four days from the date of reissuing
the ex parte protection order and order to provide service by
publication.
(3) The publication shall be made in a newspaper of general
circulation in the county where the petition was brought and in the
county of the last known address of the respondent once a week for
three consecutive weeks. The newspaper selected must be one of the
three most widely circulated papers in the county. The publication
of summons shall not be made until the court orders service by
publication under this section. Service of the summons shall be
considered complete when the publication has been made for three
consecutive weeks. The summons must be signed by the petitioner. The summons shall contain the date of the first publication, and
shall require the respondent upon whom service by publication is
desired, to appear and answer the petition on the date set for the
hearing. The summons shall also contain a brief statement of the
reason for the petition and a summary of the provisions under the
ex parte order. The summons shall be essentially in the following
form:
[1992 c 143 § 4.]