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Have someone other than the sheriff serve your restraining order

After you get a court date for your restraining order you must have someone give a copy of your court papers to the person you need protection from. 

  • This is called serving papers.
  • It lets the other side know that a case was filed, what they can do next, and what they can't do (if there's a temporary restraining order). 

You can ask the sheriff to do it for you, for free. Or you can choose someone else to do it.

Read this page if you want to choose someone else to serve the papers for you.

Before you start

Serving the court papers is what gives the judge the power to give you a long-term restraining order (for up to 5 years). Without service, the judge can only grant you a temporary restraining order. Service can be a hard step to complete and make take multiple tries. At your court date, the judge can give you more time, if you need it.

You court papers still have to be given to the other side if you still want a restraining order. Even though you don't have one now, the judge can still grant you a restraining order on your court date (court hearing). 

If you no longer want a restraining order:

  • you don't have to go to your court date, or
  • you can cancel your court date.

For more information on how to cancel your court date, get help at your local self-help center or talk to a lawyer.

How to serve your Request for Restraining Order

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  • Choose your server

    The person who serves your papers must be: 

    • 18 years old or older, and 
    • Not involved in this case (examples: listed as protected person or a witness)
    • You can also hire a professional process server  

    📌 You cannot serve your papers yourself. 

    ⚠️ Think about your server's safety. If it might be dangerous for your server to hand papers to the other side, consider asking the sheriff to serve.

  • 📅 Know your deadline to serve

    Your server must deliver your papers by a deadline before your court date (hearing date).   

    To see when your deadline for service is, look at your Notice of Court Hearing (form DV-109). 

    • The number of days is in item 6 on Page 2. 
    • You must serve the person at least this number of days before your court date (the date in item 3 on Page 1). 

    📌 You can always serve before the deadline. 

    If you cannot make the deadline

    You will need to reschedule your court date. Learn more about how to reschedule your court date.

  • Give your server your court papers

    Give your server:

    1. A copy of all the forms you filed plus 2 blank forms:
      • Form DV-109
      • Form DV-100
      • Form DV-110, if granted by the judge
      • A blank form DV-120 (this is for the other side to complete if they want to)
      • A blank form DV-250
      • There will be other forms if you asked for child custody or support.
      • 📌 Check page 2 of form DV-109 to see if the judge ordered you to serve any other forms on the other side.

    2. A partially filled out Proof of Personal Service (form DV-200) 
      • You fill out items 1-3 of the form.
      • Your server will fill out items 4-7 once the papers are served.
      • After your papers are served, ask your server to give you the filled out Proof of Service right away so you can file the form with the court.

  • Serving the court papers (instructions for your server)

    Once you have given your server a copy of your court papers and form DV-200, ask your server to:

    1. Deliver your court papers to the other side as soon as possible and before the deadline
    2. Complete form DV-200
    3. Return a completed copy of form DV-200 to you so you can file it with the court clerk

    The server may leave the papers next to the person and tell them what they are.

    For example, the server could leave the papers on the ground by the person and say, "These are important legal papers for you." 

    If you've tried many times to serve the person, and you can show the judge that the person is avoiding (evading) service, you can ask the court for permission to serve your papers another way. Read What if the Person I want to Protection from is Avoiding (Evading) Service? to learn about your options. 

  • Copy and file Proof of Service (form DV-200)

    Once you get the Proof of Service back from your server,

    1. Make a copy of it.  
    2. File it right away.
      • When you file the form, take both copies (the original and extra copy) to the court clerk.
      • The clerk will stamp and return the copy to you. 
    3. Keep the copy of the Proof of Service and a copy of your restraining order (if you have one) with you at all times.  Make sure you bring them to your court date, too.

    ⚠️ If you were granted a temporary restraining order (form DV-110) and the other side (restrained person) is served, they can be arrested for violating the restraining order.

Prepare for your court date

What's next?

Once you’ve served your Request for a Restraining Order, learn about what to expect at your hearing so you know how to prepare.

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