Before you start
It’s important to have the other side served as soon as possible. Service can be a hard step to complete and make take multiple tries.
How to have someone serve your papers
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Choose your server
If you want someone you know to serve your papers, they must be:
- 18 years old or older, and
- Not part of your case (example: Your server cannot be someone who is protected by the restraining order).
You cannot serve your papers yourself. You can also 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 item 5 on form WV-710.
You can always serve before the deadline.
The judge cannot renew your orders without service. At your court date (see form WV-710, item 4), you will need to ask the judge for more time to serve the other side. -
Give your server your court papers
You will need to give your server copies of the following forms to deliver:
- Request to Renew Restraining Order (form WV-700), including a copy of your restraining order (form DV-130)
- Notice of Hearing to Renew Restraining Order (form WV-710)
- A blank Response to Request to Renew Restraining Order (form WV-720) (for the restrained person to complete).
You will also need to give your server form WV-200 for your server to complete (not deliver). For form WV-200:
- You should fill out items 1 to 3 of the form.
- Your server will complete the rest of the form.
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Server delivers the papers
Once you have given your server a copy of your court papers and form WV-200, ask your server to:
- Hand the court papers to the restrained person
- Complete form WV-200
- Return a completed copy of form WV-200 to you so you can file it with the court clerk
The server can leave the papers near the person and tell them what they are. For example, the server sets the papers down near them and says, "These are important legal papers for you."
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Copy and file Proof of Service (form WV-200)
Once you get the Proof of Service form back from your server:
- Make at least 1 copy
- Take the original and the copies to the court clerk. The clerk will file the original. The clerk will also stamp and return the copies to you. The copies are for you to keep.
- Keep a copy of the Proof of Service and a copy of your restraining order with you at all times. Make sure you bring them to your court date too.
What's next?
Once you’ve served your request, you'll attend and follow up from your court hearing.