Sheriff serves your request to renew
After you get a court date, you must have someone give a copy of your court papers to the other side. This is called serving papers.
You can ask the sheriff to do it, or you can choose someone else to serve for you.
Serving the papers lets the other side know that you are asking to renew the civil harassment restraining order.
Before you start
To ask a sheriff to serve your papers, you must have an address or location for the other person (the restrained person).
- If the other person is in jail, the sheriff can serve them.
- If they are in prison in California, prison staff (not the sheriff) will serve your papers. Follow the instructions from the California Department of Corrections and Rehabilitation for serving someone in prison.
📌 If you don’t want to use the sheriff, you can have someone else serve your papers instead. This person must be:
- 18 or over, and
- not part of your case
Why service matters
It's important because it will give the judge the power to consider renewing your restraining order.
Service also gives the judge the power to make a new long-term restraining order (which can last up to 5 years). Without service, the judge can't renew your restraining order.
Service can take more than one try. If you can’t finish service before your court date, the judge can give you more time.
How to have the sheriff serve your papers
🔗 All court form links open in a new tab.
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Fill out form SER-001 if the sheriff is serving your papers
Request for Sheriff to Serve Court Papers (form SER-001).
Use this form to ask the sheriff to serve the other side with your court papers.
📌 Tips for filling out the form:
- Location of person (item 4):
The sheriff will try to serve the person at the address you give.
If you know more than one address (like home and work), list both and write the hours the person will be at each. - Type of court papers (item 5a):
Write “Civil harassment restraining order.” - Court hearing (item 5c):
Use the court date listed on your Notice of Hearing to Renew Restraining Order (form CH-710), item 3. - Deadline for service (item 5d):
Check your form CH-710, item 4.
Subtract that number of days from your court date to find your deadline.
Example: If your hearing is June 10 and the judge ordered service at least 5 days before, your deadline is June 5.
⚠️ Contact the sheriff or marshal right away. It may take a couple of weeks for them to try to serve the papers.
- Location of person (item 4):
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Gather all your court papers
You will need to give the sheriff your completed form SER-001, and a copy of all the court papers you are required to serve on the other side:
- Request to Renew Restraining Order (form CH-700),
- Notice of Hearing to Renew Restraining Order (form CH-710)
- Your current Civil Harassment Restraining Order After Hearing (form CH-130) that you're trying to renew.
- Response to Request to Renew Restraining Order (form CH-720) (leave blank. It's for the restrained person to fill out).
If you're having someone else, not the sheriff, serve your papers, don't give them form SER-001. Instead, give your server:
- Proof of Personal Service (form CH-200) (you can fill out items 1, 2 and 4 and your case number, but the rest is for your server)
- in item 4, list the forms your server will be serving to the restrained person: CH-700, CH-710, CH-720 blank, and copy of CH-130.
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Give your papers to the sheriff or other server
- You can turn in your papers to the sheriff in person or electronically. In some counties (like Trinity County), you may work with a marshal instead. You can also have someone else drop them off for you if needed.
- Contact the sheriff or marshal's office to find out how to submit your papers.
- Or give all your papers to the server if you're not using the sheriff.
- You can turn in your papers to the sheriff in person or electronically. In some counties (like Trinity County), you may work with a marshal instead. You can also have someone else drop them off for you if needed.
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💵 Pay a fee, if needed
You do not have to pay a fee to the sheriff if the judge granted you a fee waiver (form FW-003).
If not, the sheriff may charge $45 for service.
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Get paperwork back from the sheriff or server
Get paperwork back from the sheriff or or other server
After service, you’ll get paperwork that shows what happened:
✅ If your papers were served
The server will fill out a proof of service form.
This shows the court that the other side was served so your case can move forward.
❌ If your papers were not served
- The sheriff should give you a Declaration of Due Diligence, showing the dates and times they tried to serve the other person.
- If you didn't use the sheriff, your server will have to write a Declaration of Due Diligence showing these attempts to serve the other person. They can use a Declaration (form MC-030) for this.
Check in with the sheriff or other server if you haven’t received the paperwork before your deadline.
If service wasn’t completed, you may need to ask the court for a new court date. Use Request to Reschedule Hearing to Renew Restraining Order (form CH-715) for this.
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After you get your paperwork
- Make sure the original Proof of Service (or Declaration of Due Diligence) is filed with the court.
- If there’s a stamp in the top right corner, it’s already filed.
- Bring a copy to your court date.
💬 Need help?
Your court’s self-help center can explain how to request service, check the status, or ask for more time.
- Make sure the original Proof of Service (or Declaration of Due Diligence) is filed with the court.
Key takeaways
- The sheriffs (or marshal) may be able to serve your restraining order papers.
- You must give the sheriff an address for the restrained person.
- You can also use another person, not involved in the case, to serve your papers.
- Service must be completed before your court date.
- Always file the Proof of Service form with the court.
Civil Harassment Restraining Order
