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Have someone other than the sheriff serve your restraining order

After you get a court date for your civil harassment restraining order you must have someone give a copy of your court papers to the person you need protection from. 

  • 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 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

Serving the court papers is what gives the judge the power to give you a long-term restraining order (for up to 5 years). Without service, the judge can only grant you a temporary restraining order. Service can be a hard step to complete and make take multiple tries. At your court date, the judge can give you more time, if you need it.

Your court papers still have to be given to the other side if you still want a restraining order. Even though you don't have one now, the judge can still grant you a restraining order on your court date (court hearing). If you no longer want a restraining order, get free help at your local self-help center or talk to a lawyer to learn how to cancel it.

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 to serve.

  • 📅 Know your deadline to serve

    Your server must deliver your papers by a deadline before your court date (hearing date).   

    To see when your deadline for service is, look at your Notice of Court Hearing (form CH-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 3 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.

  • Give your server your court papers

    Give your server:

    • A copy of the filed form CH-109
    • A copy of the filed form CH-100
    • A copy of the filed form CH-110, if granted by the judge
    • A blank form CH-120 (this is for the other side to complete if they want to)
    • Form CH-120-INFO (this is information for the other side only)
    • A Proof of Personal Service (CH-200) 
      • Fill out items 1 and 2 of the form.
      • Your server will complete items 4-6 once the papers are served.

    📌 Check page 2 of form CH-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 CH-200, ask your server to:

    1. Deliver your court papers to the other side as soon as possible and before the deadline
    2. Fill out form CH-200
    3. Give you the filled out form CH-200 so you can file it with the court clerk.
      • Your server can also file this form for you
    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." 

    If your server can't find or can't serve the person

    • If you can’t find the person, the judge can allow you to serve in another way, like by mail.
      • Before the judge can give you permission to serve another way, you will have to show the judge that you tried to find the person.
      • Write down all the ways you tried to find the person.
    • If you know where the person is but they are evading (dodging) service, the judge can allow you to serve in another way, like by mail.
      • Before the judge can give you permission to serve another way, you will have to show the judge that attempts were made to serve the other person.
      • Write down all the ways that you tried to have someone personally serve the papers.

    💬 For more help on how to make these requests, contact your local self-help center.

     

  • Copy and file Proof of Service (form CH-200)

    Once you get the Proof of Service 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 you a temporary restraining order (form CH-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 Request for a Restraining Order, learn about what to expect at your hearing so you know how to prepare.

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