Serve your response to a request to change or end your restraining order
After you file your Responsive Declaration (form FL-320), you must have someone mail a copy of the papers to the other side. This is called serving papers by mail.
How to serve your response by mail
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Choose a server
Serving means another adult, not you, mails a copy of your court papers to the other side.
When choosing your server, find someone who is:
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18 years old or over, and
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Not part of your case (for example: someone that is not protected on your restraining order)
Your server can be someone you know or a professional process server you hire.
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Figure out the deadine to serve
Generally, your server should mail the papers at least:
- 9 court days before your court date
A court day is a day the court is open (Monday through Friday, except court holidays).
If your server is mailing the papers, they should mail them at least 5 days before the deadline to ensure that the person receives the papers on time.
Take out a calendar.Find your court date (it’s listed on the first page of your Request). Don't count that day (it's day "0").
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Count backward from your court date on the calendar 9 court days (Monday to Friday, not including any court holidays or other day the court may be closed).
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When you get to the 9th day, stop, this is your deadline to serve.
Your server must deliver the papers by this deadline.
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Server mails your papers to the other side
Have you server mail:
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A copy of your completed form FL-320 and any attached papers.
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Any other forms you filed (like an Income and Expense Declaration (form FL-150) (except any fee waivers)
If the other side has a lawyer, your server must mail the papers to their lawyer instead.
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Server fills out proof of service
Have your server fill out Proof of Service by Mail (form FL-335).
It helps if you fill in the top part of the form with the case and court information.
Your server can then fill in the information about how, when, and where they mailed or delivered the papers. Your server must sign and date the form.
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File proof of service
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Make a copy of the completed Proof of Service form.
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File the original and copy with the court where you filed the papers. The court will stamp and give you the copy for your records.
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