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

    You will need to give the sheriff your completed form SER-001and a copy of all the court papers you are required to serve on the other side: 

    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 DV-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: DV-700, DV-710, DV-720 blank, and copy of DV-130.
  • Give your papers to 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.
      • 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.
  • Get paperwork back from the sheriff

    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. Look at  page 2, Item 4 of form DV-700-INFO to learn about how to reschedule your court date.

    1. 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.

    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.
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