Before you start
If a server doesn't deliver your restraining order papers, the police can't arrest the person for violating a temporary restraining order (if you have one) and the court cannot grant you a restraining order that can last up to five years.
How to serve your Request for Restraining Order
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Choose your server
If you want someone you know to serve your papers, they must be:
- 18 years old or older, and
- Not part of your case
You cannot serve your papers yourself. You can also hire a professional process server or have the sheriff serve your court papers for free.
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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 CH-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).
For example, if your court date is June 10 and the court ordered you to serve the other side 5 days before your court date, then your deadline is June 5.
You can always serve before the deadline.
If your server didn't serve the other side by 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
You will need to give your server
1. A copy of all your court papers which will include:
- Form CH-109
- Form CH-100
- Form CH-110, if granted by the judge
- Form CH-120 (leave blank- this is for the other side to complete if they want to)
- Form CH-250 (leave blank)
2. A partially completed copy of the Proof of Personal Service form (CH-200)
- You should fill out items 1 and 2 of the form.
- Your server will complete items 4-6 once the papers are served.
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Serving the court papers (instructions for your server)
Once you have given your server a copy of your court papers and form CH-200, ask your server to:
- Deliver your court papers to the other side as soon as possible and before the deadline
- Complete form CH-200
- Give you the completed copy of form CH-200 so you can file it with the court clerk. (Note: This form can be filed by anyone, including your server.)
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 can’t find the person, the judge can allow you to serve in another way, like by mail. Before the judge can give you permission to serve another way, you will have to show the judge that you tried to find the person. You will want to write down all the ways you tried to find the person. For more help on how to make this request, contact your local Self-Help Center.
If you know where the person is but believe that they are evading (dodging) service, the judge can allow you to serve in another way, like by mail. Before the judge can give you permission to serve another way, you will have to show the judge that attempts were made to serve the other person. You will want to write down all the ways that you tried to have someone personally serve the papers. For more help on how to make this request, contact your local Self-Help Center.
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Copy and file Proof of Service (form CH-200)
Once you get the Proof of Service form back from your server:
- Make a copy of it.
- File the Proof of Service form 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. The copy is for you to keep.
- 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.
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.