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Serve the order

If the judge renews the restraining order, you must have another adult, not you, deliver a copy of the Order to Renew (form DV-730) to the restrained person. This can be done by mail or in person, depending on whether the person was in court and what the order says.

If you were ordered to serve and you don't, the police may not be able to enforce your order.

How to serve an order to renew

  • Figure out which way you can serve - by mail or in person

    If the restrained person did not go to the court date

    • If the renewed orders are different from form DV-130 (even if just slightly different), you must have someone serve form DV-730 in person, not by mail. Tell your server they must serve in person. Give them a Proof of Personal Service (form DV-200). 
    • If the renewed orders are exactly the same as form DV-130 (except for the end date), you can have someone serve Form DV-730 by mail, but serving in person is best. Tell the server they can serve in person or by mail. Give them a Proof of Personal Service (form DV-200) if they will serve in person or a Proof of Service by Mail (form DV-250)

    If the restrained person was at the court date

    You can have someone serve Form DV-730 by mail. Ask the server to complete a Proof of Service by Mail (form DV-250) and give it to you to file.

  • Choose a server

    You can't serve your court papers yourself.

    • Have the sheriff serve 
      If you have an address for the restrained person, the sheriff can serve for free. If you've asked the sheriff to serve court papers before, you will follow the same steps as you did before unless the restrained person has moved to another county.
      You will need to give the sheriff a copy of the restraining order (form DV-730). To find out how to get a copy to the sheriff, contact the sheriff’s department in the county where the restrained person is located. Some sheriffs will let you email a copy of the form and some will require you to deliver a copy in person. 
    • If you don't want to use the sheriff

      Choose someone that is:

      • 18 years old or over, and 
      • Not involved in this court case. 

      Your server can be someone you know or a professional process server you hire.

      Think about your server's safety. If you have any concerns, consider using the sheriff. 

  • Server delivers the papers and fills out Proof of service

    Give your server a copy of the filed Order to Renew Domestic Violence Restraining Order (form DV-730) with the (form DV-130) attached. They'll deliver this to the restrained person.

    After your server delivers the papers they need to fill out and sign a proof of service form. The proof of service must be filed with the court to show that the restrained person was served.

    • Sheriff
      If you asked the sheriff to serve your restraining order, they will complete a proof of service form for you. Ask the sheriff if they will file the form with the court. If they will not, you will need to take it to the court to file.
    • Not the sheriff
      If your server is someone you know or a process server, give your server one of these forms:
      • Form DV-200 if your restraining order is going to be served in person, or
      • Form DV-250 if your restraining order is going to be served by mail.

  • File the Proof of Service

    Make a copy of the completed proof of service form. Take it to the courthouse to file with the court clerk. The clerk will keep the original and return the copy to you. Keep the copy of the proof of service with your restraining order. 

    Then you won't need to file the proof of service. Make sure the sheriff gives you a copy or you can get one from the court clerk. Keep the copy of the proof of service with your restraining order.

  • Keep a copy with you

    Keep a copy of the filed Proof of Service along with the Order to Renew with the attached restraining order with you. If you have a phone, use your phone to take a picture of all the pages so you always have proof of it. 

    Now that the restraining order in renewed, you may need to enforce it. Find out how in: 

    How to enforce a restraining order

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