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How do I have my court papers served?
Step 1: Choose a server
The person who gives your court papers to the other
party is called a server. Your server must be at least
18-years-old. They must not be protected by the
restraining order or involved in your case. This
means that you cannot serve your own court papers.
Step 2: Have your server give your court papers
to the other party
Give your server these instructions:
Before you serve the forms, note which forms
you have, including the name of the form and
the form number. See form DV-200 for a list
of forms.
Find the person you need to serve. Make sure
you are serving the right person by asking the
person's name.
Give the person the papers. If the person refuses
to take the papers, put them on the ground or
somewhere next to the person. The person
doesn't have to touch or sign for the papers.
It is okay if they tear them up.
Fill out form DV-200 completely and sign.
File form DV-200 with the court or give form
DV-200 to the person who is asking for the
restraining order so they can file it.
Step 3: File proof with the court
The court needs proof that service happened and
that it was done correctly. If your server was
successful, have your server fully complete and sign
form DV-200. The person you want restrained
does not sign anything.
Take form DV-200 to the court to file in your case as
soon as possible. This information will automatically
go into a restraining order database that police have
access to.
If the sheriff or marshal served your court papers,
they may use another form for proof besides form
DV-200. Make sure a copy is filed with the court
and that you get a copy.
What is "service"?
Service is the act of giving your court papers to the other
party in your case. There are different ways to serve the
other party: in person, by mail, and others.
Why do I have to serve my legal papers?
Before a judge can grant a domestic violence restraining
order (that can last up to five years), the person you
want a restraining order against must know about your
request and have a chance to go to court to explain their
side. Also, if a restraining order is in place, the police
cannot arrest the restrained person for violating the
restraining order until the restrained person is served
with the order.
What is "personal service"?
Personal service is when someone,
known as a server, personally delivers
your court papers to the other party.
In most cases, these forms must be served to the other
party by personal service:
Form DV-109;
Form DV-100;
Form DV-110;
Form DV-120 (leave this form blank);
Form DV-120-INFO; and
Form DV-250 (leave this form blank).
Who can serve?
Any adult who is not protected by the restraining order
can serve your court papers. You cannot serve your
own court papers.
Some situations may be dangerous. Think about
people's safety when deciding who you want to
serve your papers.
A sheriff or marshal will serve your court papers for
free. A registered process server is a business you pay to
deliver papers. To hire a process server, look for
"process server" on the internet or in the yellow pages.
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2020, Optional Form
What Is "Proof of Personal Service"?
(Domestic Violence Prevention)
DV-200-INFO, Page 1 of 2
DV-200-INFO What Is "Proof of Personal Service"?
What happens if I can't get my court
papers served before the court date?
You will need to ask the court to reschedule (continue)
your court date. Fill out and file form DV-115 and form
DV-116. These forms ask the judge for a new court date
and to make any temporary orders last until the end of
the new court date.
If the judge gives you a new court date, the person you
want restrained will have to be served with form
DV-116, form DV-115, and the original papers you
filed. You should keep a copy of form DV-115, form
DV-116, and a copy of your original paperwork. That
way, the police will know your orders are still in effect.
For more information on asking for a new court date,
read form DV-115-INFO.
What if the other party is
avoiding (evading) service?
If you've tried many times to serve the the restrained
person, and you can show the judge that the restrained
person is avoiding (evading) service, you may ask the
court to allow you to serve another way. If you want
to make this request, at your first court date tell the
judge details about your attempts to have the restrained
person served. The judge may require a written
statement for this.
Read form DV-205-INFO, What if the Person I Want
Protection From is Avoiding (Evading) Service?, for
more information.
When is the deadline to serve my
court papers?
It depends. To know the exact date, you need to look at
two items on form DV-109. Follow these steps:
Step 1: Look at the court date listed under
on page 1.
3
3
Notice of Court Hearing
A court hearing is scheduled on
Hearing
Date
Date:
Dept.:
tep 2: Look at the number of days written in
6
on page 2.
6
Service of Documents by the Person
At least five ___ days before the
S
S
6
tep 3: Look at a calendar. Subtract the number of
days in from the court date. That's the deadline to
have your court papers served. It's okay to serve your
court papers before the deadline.
6
If nothing is written in , you must have your
court papers served at least five days before your
court date.
DV-200-INFO What Is "Proof of Personal Service"?
Revised January 1, 2020, Optional Form
What Is "Proof of Personal Service"?
(Domestic Violence Prevention)
DV-200-INFO, Page 2 of 2
