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Have someone other than the sheriff or other peace officer 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 is called serving papers.
  • It 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). 

You can ask the sheriff or other peace officer to do it for you (sometimes for free). Or you can choose someone else to do it.

Read this page if you want to choose someone else to serve the papers for you.

 

Before you start

If the other side is not served:

  • Police can’t arrest them for violating a temporary restraining order (if you have one), and

  • The judge can’t issue a long-term restraining order (up to 3 years)

Service must be done correctly and on time.

What if the judge didn’t give you a temporary restraining order?

You still must serve your court papers if you want the judge to decide your request at the hearing.

  • Even if you don’t have a temporary restraining order, the judge can still grant one at your court date.

  • If you no longer want a restraining order, talk to a lawyer about how to cancel the case.

How to serve your Request for Restraining Order

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  • Choose your server

    The person who serves your papers must be: 

    • 18 years old or older, and 
    • Not involved in this case (examples: listed as protected person or a witness)
    • You can also hire a professional process server  

    📌 You cannot serve your papers yourself. 

    ⚠️ 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 or other peace officer to serve.

  • 📅 Know your deadline to serve

    Your server must deliver your papers by a deadline before your court 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. 

    If you cannot make the deadline

    You will need to reschedule your court date. Learn more about how to reschedule your court date (🔗 opens in a new tab).

  • Give your server your court papers

    Give your server:

    • A copy of the filed form WV-109
    • A copy of the filed form WV-100
    • A copy of the filed form WV-110, if granted by the judge
    • A blank form WV-120 (this is for the other side to complete if they want to)
    • Form WV-120-INFO (this is information for the other side only)
    • A Proof of Personal Service (WV-200) 
      • Fill out items 1, 2, and 3 of the form.
      • Your server will complete items 5-7 once the papers are served.

    📌 Check item 6 of form WV-109 to see if the judge ordered you to serve any other forms on the other side. 

  • 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
      • Your server can also file this form for you

    It is important that you check with server to see if they were able to serve the other side by your deadline.

    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 it 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. 
    3. 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.

    ⚠️ If the judge granted a temporary restraining order (form WV-110) and the other side (restrained person) is served with it, they can be arrested for violating the 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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