Before you start
If a server doesn't deliver your restraining order papers, the police can't arrest the person for violating a temporary restraining order (if the judge granted one) and the court cannot grant a restraining order that can last up to five years.
How to serve your Petition for Gun Violence Restraining Order
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Choose your server
If you want someone you know or a process server 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 someone you know, hire a professional process server, or have the sheriff serve your court papers for free.
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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 GV-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.
You can always serve before the deadline.
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Give your server your court papers
You will need to give your server
1. A copy of all your court papers which will include:
- Form GV-109
- Form GV-100
- Form GV-110, if granted by the judge
- Form GV-120 (leave blank- this is for the other side to complete if they want to)
- Form GV-120-INFO
- Form GV-250 (leave blank)
2. A partially completed copy of the Proof of Personal Service form (form GV-200)
- You should fill out items 1 and 2 on the form.
- Your server will complete items 4-6 once the papers are served.
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Serving the court papers (instructions for your server)
Once you have given your server a copy of your court papers and form GV-200, ask your server to:
- Deliver your court papers to the other side as soon as possible and before the deadline
- Complete form GV-200
- Give you the completed copy of form GV-200 so you can file it with the court clerk. (Note: This form can be filed by anyone, including your server.)
It is important that you check with server to see if they were able to serve the other side by your deadline.
The judge cannot grant you a long-term restraining order without service. At your court date (see form GV-109, item 3), you will need to ask the judge for more time to serve the other side. The judge will sign a new order (form GV-116). You will then need someone to serve GV-116 with the other forms you filed (see form GV-109, item 5 for any other forms you must have served on the other side).The server may leave the papers next to the person and tell them what they are. For example, the server could leave the papers on the ground by the person and say, "These are important legal papers for you." If you've tried many times to serve the person, and you can show the judge that the person is avoiding (evading) service, you can ask the court for permission to serve your papers another way. Read What is Proof of Personal Service? to learn about your options. -
Copy and file Proof of Service (form GV-200)
Once you get the Proof of Service form back from your server:
- 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 Petition for Gun Violence Restraining Order, learn what to expect at your hearing so you know how to prepare.