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Have someone other than the sheriff serve your restraining order

After you get a court date for your elder or dependent adult abuse restraining order, you must have someone personally give a copy of your court papers to the person you need protection from (the other side in your case). 

  • 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 

This page gives you step-by-step instructions on how to have a private process server or someone you know serve your court papers. It’s important to have the restrained person served as soon as possible.

What if I can't find someone to serve the papers? 

You can have the sheriff or other peace officer serve your papers. The sheriff can be a good option for you because it is safe and free. Go here for step-by-step instructions for how to have the sheriff serve your court papers.

Why service matters

Once the restrained person is served, the police can arrest them if they violate the order.

Service also gives the judge the power to make a long-term restraining order (which can last up to five years). Without service, the judge can only give a temporary restraining order.

Service can take more than one try. If you can’t finish service before your court date, the judge can give you more time.

⚠️ Your case can move forward only after the other side is properly served, even if the judge didn’t grant a temporary restraining order.

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 or other peace officer 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 EA-109). 

    • The number of days is in item 5 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 (🔗 opens in a new tab).

  • Give your server your court papers

    Give your server:

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

    📌 Check item 5d on page 2 of form EA-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 EA-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 EA-200
    3. Give you the filled out form EA-200 so you can file it with the court clerk.
      • Your server (or anyone else) can also file this form for you

    It is important that you check with server to see if they were able to serve the other side by your deadline.

     
    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."

  • Copy and file Proof of Service (form EA-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 EA-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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