Before you start
This page gives you step-by-step instructions on how to have the sheriff serve your court papers. The sheriff can be a good option for you because it is safe and free. The sheriff may not be a good option for you if you do not know where the other side lives or works, or if they move around a lot. The sheriff usually serves during normal business hours.
If you want someone you know to serve your papers, they must be:
- 18 or over, and
- not part of your case
How to serve your Request for Restraining Order
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Contact the sheriff
Contact the sheriff in the county where the person you want protection from is located. Ask them where you should go to drop off your court papers for service (some departments may allow you to email or fax papers to them). In Shasta or Trinity county, contact the marshal for service.
Contact the sheriff or marshal as soon as you can. It may take them a couple of weeks to attempt service.
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Know your deadline to serve
Your server must deliver your papers by a deadline before your court date (hearing date).
To see when your deadline for service is, look at your Notice of Court Hearing (form EA-109).
- The number of days is in item 5 on Page 2.
- You must serve the person at least this number of days before your court date (the date in item 3 on Page 1).
For example, if your court date is June 10 and the court ordered you to serve the other side 5 days before your court date, then your deadline is June 5.
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Give the sheriff your court papers
You will need to give the sheriff a copy of your court papers, which will include a copy of:
- Form EA-109
- Form EA-100
- Form EA-110, if granted by the judge
- Form EA-120 (leave blank- this is for the other side to complete if they want to)
- Form EA-250 (leave blank)
- Form EA-120-INFO
Check item 5f on page 2 of form EA-109 to see if the judge ordered you to serve any other forms on the other side.
The sheriff may have paperwork that you need to fill out, too. If you need help completing forms, you may want to bring someone with you when you go to the sheriff’s office.
It is important that you check with the sheriff to see if they were able to serve the other side by your deadline.
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Get paperwork back from the sheriff
The sheriff should give you paperwork after they serve (or try to serve) your forms
The judge cannot grant you a long-term restraining order without service. At your court date (see form EA-109, item 3), you will need to ask the judge for more time to serve the other side. If the judge reschedules your court hearing, the judge will need to sign a new order (form EA-116), which will have your new court date and could extend any temporary protection you have. You will then need someone to serve form EA-116 with the other forms you filed (see form EA-109, item 5 for a list of the other forms you must have served on the other side). If you cannot make your court hearing, contact your local Self-Help Center for help with making a request for a new court date. Make sure you do this at least a few days before your court hearing.Check-in with the sheriff, if you have not received paperwork from them.
Once you get your paperwork
- Check whether the sheriff filed the original form for you (tip: if there is a stamp on the upper right-hand corner of the form, it has been filed with the court and the sheriff sent you a copy).
- If you have the original form, make a copy of it.
- File the Proof of Service form right away. When you file the form, take both copies (the original and extra copy) to the court clerk. The clerk will stamp and return the copy to you. The copy is for you to keep.
- Keep the copy of the Proof of Service and a copy of your restraining order (if you have one) with you at all times. Make sure you bring them to your court date, too.
Prepare for your court date
What's next?
Once you’ve served your Request for Elder or Dependent Adult Abuse Restraining Orders, learn about what to expect at your hearing so you know how to prepare.