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DV-205-INFO
What if the Person I Want Protection From
is Avoiding (Evading) Service?
Why do I have to serve the
restrained person?
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. In most cases, the judge will require that you have
someone personally deliver the papers to the person you
want restrained. This is called personal service. See
form DV-200-INFO for more information.
What if I already have a domestic
violence restraining order?
If a judge granted you a domestic violence restraining
order on form DV-130, alternative service is not an
option for you. Follow the orders for service on form
DV-130. It is important to follow the orders for service
because this is how the restrained person will find out
about the restraining orders. Once you file proof that the
restrained person was served, law enforcement and the
court will have proof that the restrained person knows
about the orders. If you have questions about what the
judge ordered in your case, see page 3 for where to get
legal help.
What if I can't personally serve the
restrained person?
When you cannot personally serve the restrained person
with a copy of form DV-100 and related papers, a judge
may allow you to give, or serve, the restraining order
papers another way. This is called alternative service.
The judge could order you to have your server give
the restrained person your court papers in more than
one way. To qualify for alternative service, you must
show the judge at least two things.
You have tried many times (usually 3 or more
times) to have someone personally serve the
restrained person.
Some examples of ways you can try to have
the restrained person personally served:
Serve the restrained person at home, their
workplace, or somewhere they go a lot.
Search online for where they may be located.
Check with their family and friends.
Make sure any attempts to find the restrained
person are done safely.
If you have an address for the restrained person, you
can ask the sheriff or marshal to serve your papers,
and they will do it for free.
You believe the restrained person is
avoiding (evading) personal service.
Be ready to explain why you think the restrained
person is avoiding service. If you have people who
will help you prove this to a judge, bring them to
your court hearing or have them write a statement
that describes what they witnessed. Form MC-030
may be used for this purpose.
Alternative service may involve other people having
access to your court papers.
This will mean they can see your name, the fact that
you want a restraining order against the other party,
and possibly your statements regarding the abuse.
You may want to talk to an advocate about your safety
and privacy concerns before you consider this request.
Judicial Council of California, www.courts.ca.gov
New January 1, 2020, Optional Form
Family Code, § 6340(a)
What if the Person I Want Protection From is
Avoiding (Evading) Service?
(Domestic Violence Prevention)
DV-205-INFO, Page 1 of 3
DV-205-INFO
What if the Person I Want Protection From
is Avoiding (Evading) Service?
What are some examples of
alternative service?
Here are some examples of what a judge can order
if the judge allows alternative service in your case.
Leave a copy and mail a copy to the
restrained person's home, mailing
address, or workplace
If you have the restrained person's home, mailing (not
a PO box), or workplace address, this type of service
requires your server to follow these steps:
Give the papers to someone 18 years or older
who lives at the restrained person's home or
mailing address, or who appears to be in charge
at the restrained person's workplace;
Get the name of the adult who got the papers,
and tell the adult that the papers are for a
request for a restraining order against the
restrained person;
Mail the papers to the restrained person's home,
mailing, or workplace address;
Completely fill out form POS-010; and
File form POS-010 with the court or give the
completed form to the person asking for the
restraining order so they can file it with the court.
This type of service is called "substituted service."
Check with your local self-help center or
a lawyer to find out how to make this request. Your
court may have forms that you can complete to make
this request.
Publish in a newspaper
You would have to pay a newspaper to run a
copy of form DV-210 at least once a week for at least
four weeks in a row. The judge would approve a
newspaper that would have the best chances of the
restrained person seeing it. To make this request,
complete the forms listed below and take them to the
courthouse to file.
Form FL-980; and
Form DV-210, items 1 and 2.
If the judge grants your request, follow the orders
made by the judge. Usually these orders are made on
form FL-982.
After the newspaper publishes form DV-210, make sure
you get a signed statement from the newspaper that
includes a copy of what was published in the newspaper
and when it was published. This statement is usually
called "Proof of Publication." After you receive this
statement, take it to the courthouse to file in your case.
Post in courthouse
If you do not have money to pay a newspaper
to publish your papers, you could ask the judge for
permission to post a copy of form DV-210 in a
courthouse. To be eligible, you have to qualify for a
fee waiver. To make a request to post your court
papers in a courthouse, complete the forms listed below.
Take the completed forms to the courthouse to file.
Form FW-001;
Form FL-980; and
Form DV-210, items 1 and 2.
If the judge allows you to serve the restrained person
this way, you must find a server (an adult not protected
by the restraining order or ask the court clerk) to post
form DV-210 for you in the location approved by the
judge for at least 28 days. After it has been posted for
the required number of days, have your server
completely fill out form FL-985 and form DV-250. Take
both forms to the courthouse to file in your case.
New January 1, 2020
DV-205-INFO, Page 2 of 3
What if the Person I Want Protection From is
Avoiding (Evading) Service?
(Domestic Violence Prevention)
DV-205-INFO
What if the Person I Want Protection From
is Avoiding (Evading) Service?
May I serve by email
or electronically?
To serve someone electronically, like by email or text
message, the person you are serving has to agree to
being served electronically. In your situation, if the
person is avoiding service, it is unlikely that they will
agree to being served electronically. The judge could
tell you to send your paperwork by email or
electronically to the restrained person as a way to give
the restrained person notice, but the judge would also
tell you to serve the restrained person in another way,
like one of the examples listed above.
Where can I find legal help?
Free legal information is available in every
county at a court self-help center. Staff can provide you
with your legal options but will not tell you what you
should do in your case and will not provide you with
legal representation. To find your local self-help center,
go to www.courts.ca.gov/selfhelp.
Where can I find other help?
For safety tips or other help, call the National Domestic
Violence Hotline at 1-800-799-7233; TDD:
1-800-787-3224.
New January 1, 2020
DV-205-INFO, Page 3 of 3
What if the Person I Want Protection From is
Avoiding (Evading) Service?
(Domestic Violence Prevention)
