Have someone other than the sheriff or other peace officer serve your restraining order

After you get a court date for your school violence restraining order, you must have someone give copies of your court papers to the person you want protection from (the other side).

 

This is called serving papers.

Serving papers lets the other side know:

  • A case was filed

  • What they can do next

  • What they can’t do (if the judge gave you a temporary restraining order)

You can’t serve the papers yourself.

 

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⚠️ 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 server your restraining order

  • Choose your server

    Your server must be:

    • 18 or older, and

    • Not involved in your case (not a protected person or a witness)

    You can:

    • Ask someone you know

    • Hire a professional process server

    • Ask the sheriff to serve your papers

    ⚠️ Think about safety. If serving papers could be dangerous, you should consider asking the sheriff to serve them.

  • 📅 Know your deadline to serve

    Your server must serve the papers before your court date.

    To find your deadline:

    📌 Example: If your court date is June 10 and the judge ordered service 5 days before, your deadline is June 5.

    You can always serve earlier.

  • Give your server your court papers

    You must give your server:

    1️⃣ Copies of your court papers

    These usually include:

    📌 Check page 2 of form SV-109 to see if the judge ordered you to serve any other forms.

     

    2️⃣ A partially completed Proof of Service

  • What your server must do

    After you give your server the papers and SV-200, your server must:

    • Serve the papers as soon as possible and before the deadline

    • Fill out SV-200 after service

    • Give the completed SV-200 back to you

    📌 You should check with your server to make sure service was completed by the deadline.

    What happens if the other side isn't served?

    The judge can’t grant you a long-term restraining order without service.

    At your court date:

    • You must ask the judge for more time to serve

    If the judge reschedules your hearing:

    💬 If you can’t attend your court date, you should contact your local Self-Help Center at least a few days before the hearing for help requesting a new date.

     

    What if the other side won't take the papers?

    Your server can still complete service by:

    • Leaving the papers near the person, and

    • Clearly telling them the papers are legal documents

    Example: “These are important legal papers for you.”

  • File your proof of service (form SV-200)

    After your server gives you the completed SV-200:

    1. You make 1 copy

    2. You file the original and copy with the court clerk

    3. The clerk keeps the original and returns the stamped copy to you

    📌 You should:

    • Keep a copy at the school

    • Encourage protected students to keep a copy

    • Bring a copy to your court date

    Once the other side is served, police can arrest them for violating a temporary restraining order if the judge granted one.

Key takeaways

  • You can’t serve restraining order papers yourself.

  • You must complete service on time or the judge can’t issue a long-term order.

  • You use SV-109 to find your service deadline.

  • You must file SV-200 as soon as service is complete.

  • You should keep copies of your proof of service and restraining order at the school.

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