How to serve a restraining order
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Serve in person, if needed
Look at form GV-130, item 12, to see if the judge ordered you to serve by mail or in person.
- If you are ordered to serve by mail, this means your server only has to mail a copy of the restraining order.
- But, serving someone in person is always best. When you mail court papers, it may be hard to prove that the person actually received a copy especially if the person moves a lot.
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Contact the sheriff
To ask the sheriff to serve:
- Fill out Request for Sheriff to Serve Court Papers (form SER-001).
- Give form SER-001 and a copy of all your papers to be served to the sheriff in the county that the other party can be found.
- Do this as quickly as possible because it may take the sheriff some time to serve the papers.
- 💵 There is no fee for the sheriff to serve your papers.
⚠️ You can't serve the papers yourself. If you don't want to, you don't have to use the sheriff. You can choose another adult, 18 or older, not involved in your case. But think about your server's safety. If you have any concerns, consider using the sheriff.
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Give the sheriff your court papers
Give the sheriff:
- The filled out Request for Sheriff to Serve Court Papers (form SER-001)
- A copy of your restraining order (form GV-130)
- A blank Request to Terminate Gun Violence Restraining Order (form GV-600).
They may have other paperwork you need to complete. If you need help completing forms, you may want to bring someone with you to the sheriff's office.
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Have your server complete a form
The sheriff should give you paperwork after they serve (or try to serve) your forms.
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If the sheriff was able to serve your forms
An officer will complete a Proof of Service. This form shows the court that the other side was served.
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If the Proof of Service they return to you has a stamp on the upper right-hand corner, it has been filed. If it doesn't, you must file it with the court (see the next step).
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If the sheriff was unable to serve your forms
They may complete a form that says they were unsuccessful and will give dates and times they tried to serve the other side. Sometimes this form is called a Declaration of Due Diligence.
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Copy and file the proof of service form
- Make a copy of the completed proof of service form.
- Take it to the courthouse to file with the court clerk.
- The clerk will keep the original and return the copy to you.
⚠️ Keep the copy of the proof of service with your restraining order (form GV-130).
Then you won't need to file a proof of service. Make sure the sheriff gives you a copy or you can get one from the court clerk. Keep a copy of the proof of service form with each copy of the restraining order.
Get help if your restraining order is violated
Call 9-1-1 if you want the police to enforce your restraining order.
⚠️ Your restraining order is enforceable (will be honored) in all 50 states and U.S. territories, the District of Columbia (D.C.), and all tribal lands.
Enforce your restraining order
What's next?
Now that you have a restraining order, you may need to enforce it if the restrained person violates the order. Also, there are other steps you may want to take to help enforce the order.