Sheriff, marshal, or other peace officer serves your request for restraining order
After you get a court date, someone must give a copy of your court papers to the person you need protection from. This is called serving papers.
A sheriff, marshal, or other peace officer can do this for you for free in most cases. Or, you can choose someone else to serve your papers.
Serving the papers lets the other person know that a case was filed, what they can do next, and what they can’t do if a judge granted a temporary restraining order.
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Before you start
To ask a sheriff, marshal, or other peace officer to serve your papers, you must have an address or location for the other person (the restrained person).
- If the other person is in jail, the sheriff can serve them.
- If they are in prison in California, prison staff (not the sheriff) will serve your papers. Follow the instructions from the California Department of Corrections and Rehabilitation for serving someone in prison.
If you don’t want to use the sheriff, marshal, or another peace officer, you can have someone else serve your papers instead.
Learn how to have someone else serve your papers
Why service matters
It’s important to have the restrained person served as soon as possible. Once they are served, the police can arrest them if they violate the order.
Service also gives the judge the power to make a long-term restraining order (which can last up to five years). Without service, the judge can only give a temporary restraining order.
Service can take more than one try. If you can’t finish service before your court date, the judge can give you more time.
⚠️ Your case can move forward only after the other side is properly served, even if the judge didn’t grant a temporary restraining order.
How to have the sheriff or peace officer serve your papers
🔗 All court form links open in a new tab.
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Choose who you want to serve your papers
Option 1: If you want the sheriff to serve your papers, fill out the Request for Sheriff to Serve Court Papers (form SER-001).
Use this form to ask the sheriff (and sometimes a marshal's office) to serve the other side with your court papers.
📌 Tips for filling out the form:
- Location of person (item 4):
The sheriff will try to serve the person at the address you give.
If you know more than one address (like home and work), list both and write the hours the person will be at each. - Type of court papers (item 5a):
Write “workplace violence restraining order". - Court hearing (item 5c):
Use the court date listed on your Notice of Court Hearing (form WV-109), item 4. - Deadline for service (item 5d):
Check your form WV-109, item 6.
Subtract that number of days from your court date to find your deadline.
Example: If your hearing is June 10 and the judge ordered service at least 5 days before, your deadline is June 5.
⚠️ Contact the sheriff or marshal right away. It may take a couple of weeks for them to try to serve the papers.
Option 2: If you want a peace officer other than the sheriff or marshal to serve your papers, ask them about their process.
Ask:
- What forms they need
- What other information they need
⚠️ Contact the peace officer’s office right away. It may take a couple of weeks for them to try to serve the papers.
- Location of person (item 4):
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Gather all your court papers
Make sure you have all the papers you'll need to give the sheriff or peace officer a copy of:
- Form WV-109, Notice of Court Hearing
- Form WV-100, Petition for Workplace Violence Restraining Orders
- Form WV-110, Temporary Restraining Order, if the judge granted one
- Form WV-120, Response to Petition for Workplace Violence Restraining Orders (leave blank)
- Form WV-120-INFO, How Can I Respond to a Petition for Workplace Violence Restraining Orders?
- Form WV-250, Proof of Service of Response by Mail (leave blank)
📌 Check page 2 of form WV-109 to see if the judge ordered you to serve any other forms.
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Give your papers to the sheriff, marshal, or other peace officer
You can turn in your papers to the sheriff in person or electronically. In some counties (like Trinity County), you may work with a marshal instead. You can also have someone else drop them off for you if needed.
Contact the sheriff, marshal, or peace officer's office to find out how to submit your papers.
A peace officer is someone who works in law enforcement. This includes:
- Sheriffs and deputy sheriffs
- Marshals and deputy marshals
- Police officers from a city police department
- Police officers from the University of California or the California State University
- California Highway Patrol officers
- Certain state officers, like those with the Department of Fish and Game
Ask your court’s self-help center or the peace officer’s office to confirm who can serve your papers and how to make the request.
📌Tip: Service by a peace officer may be free for civil harassment, elder or dependent adult abuse, school violence, and workplace violence restraining orders.
This does not apply to gun violence restraining orders.
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💵 Pay a fee, if needed
You do not have to pay a fee if:
- A peace officer is serving one of these forms:
- a Temporary Restraining Order (form WV-110),
- a Workplace Violence Restraining Order After Hearing (form WV-130),
- a protective order issued by the court, or
- The judge granted you a fee waiver (form FW-003), or
- No Fee to Serve (Notify) the Restrained Person was ordered on form WV-110 that you got back from the court
If none of these apply, the sheriff may charge $45 for service.
For more information about fees when you use a peace officer to serve papers, read California Code of Civil Procedure section 572.12(a). (This law is written for lawyers and may be hard to understand. 🔗 opens in a new tab.)
- A peace officer is serving one of these forms:
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Get paperwork back from the sheriff or peace officer
After service, you’ll get paperwork that shows what happened:
✅ If your papers were served
The officer will fill out a proof of service form.
This shows the court that the other side was served so your case can move forward.
❌ If your papers were not served
The officer may give you a Declaration of Due Diligence, showing the dates and times they tried to serve the other person.
Check in with the sheriff, marshal, or other peace officer if you haven’t received the paperwork before your deadline.
If service wasn’t completed, you may need to ask the court for a new court date.
After you get your paperwork
- Make sure the original Proof of Service (or Declaration of Due Diligence) is filed with the court.
- If there’s a stamp in the top right corner, it’s already filed.
- Bring a copy to your court date.
If you were granted a Temporary Restraining Order (form WV-110), once the restrained person is served, they can be arrested if they violate the order.
💬 Need help?
Your court’s self-help center can explain how to request service, check the status, or ask for more time.
Key takeaways
- Peace officers (not just sheriffs or marshals) can serve restraining order papers for free.
- You must give the sheriff or peace officer an address for the restrained person.
- Service must be completed before your court date.
- Always file the Proof of Service form with the court.
Prepare for your court date
What's next?
Once you’ve served your Petition for Workplace Violence Restraining Orders, learn about what to expect at your hearing so you know how to prepare.