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Serve 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. 

  • A sheriff or marshal can do it for free, or
  • You can also choose someone else to serve for you. 

Serving the papers lets the other side know that you are asking to renew the domestic violence restraining order. 

 

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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 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 your papers served

️ All court form links open in a new tab.

  • 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 have more than one address (like a home address and a work address) you can write the main address first, and alternate address below. Write the hours that the person will be at each address. 
    • Type of court papers you are serving (item 5a): In this section, write "Domestic violence restraining order." 
    • Court hearing (item 5c): Give the court date listed on form DV-710, #3.
    •  Deadline for service (item 5d): To figure out your deadline, first look at form DV-710, #5 to see how many days the judge listed. Subtract the number of days from the court hearing date on DV-710, #3. 
      • For example, if your court date is June 10 and the court ordered you to serve the other side at least 5 days before your court date, then your deadline is June 5.

    ️ Contact the sheriff right away. It may take a couple of weeks for them to try to serve the papers.

  • Gather all your court papers

    Get together all the court papers you need to serve on the other side:

     If the sheriff is serving your papers, also fill out form SER-001.

     If someone else is serving your papers, also include a Proof of Personal Service (form DV-200). You can fill out items 1, 2, and 4, and your case number. The rest is for your server.

    • In item 4, list the forms your server will serve: DV-700, DV-710, a blank DV-720, and a copy of your current restraining order.

  • Give your papers to the sheriff or server

    • If the sheriff is serving your papers, you can turn in your papers to them 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 turn in your papers.
    • If someone else is serving your papers, give all your papers to your server.

  • Get paperwork back from the sheriff or other server

    After service, you'll get paperwork that shows what happened.

    ️ Check in with the sheriff or your server if you have not received paperwork from them. Ask if they were able to serve the other side by your deadline.

    If your papers were served

    The sheriff or your 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 (or similar form), showing the dates and times they tried to serve the other side.
    • If you didn't use the sheriff, your server will have to write a Declaration of Due Diligence showing their attempts to serve the other side. They can use a Declaration (form MC-030) for this.

    Next steps if your papers were not served

    • You can ask for a new court date to get more time to serve the other side. To learn how, see page 2, item 4 of form DV-700-INFO.
    • If you think the other side is avoiding (evading) being served, you can also ask the judge for permission to have the papers served a different way.
      • The judge may allow this if the sheriff or your server tried to serve the papers in person at least 3 times. The Declaration of Due Diligence will help show this.
      • You will also have to explain why you think the other side is avoiding being served.
      • You will usually need to ask for a new court date too.

  • After you get your paperwork

    • Make sure the original Proof of Service (or Declaration of Due Diligence, if the papers were not served) is filed with the court.
      • If there's a stamp in the top right corner, it's already filed and you don't need to file it.
    • Bring a copy of the form to your court date.

    Need help?

    Your court's self-help center ️ (link opens in a new tab) can explain how to serve papers, ask to serve a different way, or ask for more time.

Key takeaways

  • The sheriffs (or marshal) can serve your restraining order papers for free.
  • 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.

Domestic violence restraining orders

What's next?

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