Serve the order to change or end the DVRO
If the other side was not in court, you will need to have a copy of the order served on the other side. This means another adult, not you, must deliver a copy of the order to them.
How to know if you must have a copy served
If you have a new Restraining Order after Hearing (form DV-130)
Follow the judge's order in item 30 of form DV-130. If you are required to serve, the sheriff can do it for free.
If you have a Findings and Order to Terminate Restraining Order after Hearing (form DV-400)
Follow the judge's order in item 7 of form DV-400. If you are required to serve, the sheriff can do it for free.
How to serve an order to change or renew a DVRO
-
Choose a 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 ask the sheriff to serve the order and they must serve it for free. You can also hire a professional process server.
-
Server delivers the papers and fills out Proof of servive
Give your server a copy of the filed form DV-130 or DV-400. They'll deliver this to the other side in your case.
After your server delivers the papers, they need to fill out and sign a proof of service form.
- If your server personally delivered the order, ask the server to fill out and sign the Proof of Personal Service (form DV-200).
- If your server mailed the order, ask the server to fill out and sign the Proof of Service by Mail (form DV-250).
-
File the Proof of Service
Make a copy of the completed Proof of Service. Take the original and the copy to the court clerk to file.
-
Keep a copy of the proof of service
You should keep a copy for your records. This will prove that the other side knows about the order.