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Have someone other than the sheriff serve your restraining order

After you get a court date for your workplace violence restraining order, you must have someone give a copy of the court papers you filed to the person you are asking for protection from (the other side in your case). This lets the other side know that a case was filed, what they can do next, and what they can't do (if there's a temporary restraining order). This is called serving papers.

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 three years.  

You court papers still have to be given to the other side if you still want a restraining order. Even though you don't have one now, the judge can still grant a restraining order on your court date (court hearing. If you no longer want a restraining order, talk to a lawyer to learn how to cancel it.

How to serve your Request for Restraining Order

  • 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 involved in this case (example: someone listed as a protected person or a witness)

    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. 

    Think about your server's safety. If it might be dangerous for your server to hand papers to the other side, consider asking the sheriff to serve.

     

  • 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 WV-109). 

    • The number of days is in item 6 on Page 2. 
    • You must serve the person at least this number of days before your court date (the date in item 4 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.

  • 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 WV-109
    • Form WV-100
    • Form WV-110, if granted by the judge
    • Form WV-120 (leave blank- this is for the other side to complete if they want to)
    • Form WV-120-INFO
    • Form WV-250 (leave blank)
    • Any other forms the judge ordered you to serve (check page 2 of form WV-109)

    2. A partially completed copy of the Proof of Personal Service form (form WV-200) 

    • You should fill out items 1, 2, and 3 of the form.
    • Your server will complete items 5-7 once the papers are served.

  • Serving the court papers (instructions for your server)

    Once you have given your server a copy of your court papers and form WV-200, ask your server to:

    1. Deliver your court papers to the other side as soon as possible and before the deadline
    2. Complete form WV-200
    3. Give you the completed copy of form WV-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 (which is on form WV-109, item 4), 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 an order to move your court date (form WV-116). This form will have your new court date and could extend any temporary protection you have. You will then need someone to serve form WV-116 with the other forms you filed (see form WV-109, item 6 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. 

     

    What if the person I want a restraining order against won't take the papers from my server?
    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."

  • Copy and file Proof of Service (form WV-200)

    Once you get the Proof of Service form back from your server:

    1. Make a copy of it.  
    2. 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.
    3. Keep the copy of the Proof of Service and a copy of your restraining order (if there is one) at the workplace at all times, and encourage any protected employees to do the same.  Make sure you bring the proof of service and the copy to your court date, too.

    If the judge granted a temporary restraining order (form WV-110),

    once the other side (restrained person) is served, they can be arrested for violating your restraining order.
     

Prepare for your court date

What's next?

Once you’ve served your petition for a restraining order, learn about what to expect at your hearing so you know how to prepare.

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