after the restraining order are filled
out and filed the judge
they need to be delivered or given to
the other party you want restrained
giving the papers to the other party
tells them the orders you are asking for
the hearing date and how they can
respond
this is called service and in
restraining order cases
service or giving the papers to the
other party
must be in person or personal service
in this case you are giving them the
packet of forms you got back from the
court clerk
these forms must all be served in person
they cannot be served by mail
you and no one else protected by the
orders
can be the person giving the papers to
the restrained person
it must be done by someone else such as
a friend
or relative who's over the age of 18.
you can also contact the sheriff's
office to have them serve the papers for
you
the sheriff's office will do it for free
or
you can pay a professional process
service company
to deliver the papers for you until the
papers are served
the police cannot arrest anyone for
violating the restraining order
also the judge cannot make the orders
permanent
unless the restrained party received the
papers
when having a friend or relative serve
the papers ask them to
walk up to the person they are serving
make sure it is the right person
ask for their name give the person
copies of all the papers you receive
back from the court person serving the
papers
then fills out dates and signs
form dv 200 proof of personal service
the person serving the papers then
returns form dv
200 to you if the restrained party won't
take the
papers from the person serving them
don't worry just leave the papers near
the restrained party
when do i have to deliver the papers to
the other party
to figure out the deadline for when the
papers must be given to the restrained
person
pull out form dv109 you received back
from the court
and look at the hearing date on page one
number three
and see the date set for your hearing
the court wants the other party to
receive the papers
five calendar days before that date
remember law enforcement does not
consider your order is in effect
until the other party receive the papers
and the proof of service is filed with
the court
now what if you cannot serve the papers
before the last date
if you find you cannot serve the forms
before the hearing you must go back
before the judge
and ask to move the date of the hearing
to give you more time to serve the
papers
if you just have not been able to do it
before the date required by the judge
you need to fill out and file the
following forms
the clerk's office form dv 115
request to continue hearing and
form dv 116 order on request to continue
hearing
these forms ask the judge for a new
hearing date
and to extend the deadline on the
temporary orders you received
until that new date you must attach
copies of these new forms
dv115 and dv116
to the copy of the original orders you
have and then serve the entire package
on the other party
or instead of filling out and filing
these forms with the clerk
you can go to the hearing and request a
continuance from the judge
so you have more time to complete
service of the papers on the other party
you can also go to the self-help center
before your hearing
and ask them for help
now service is done what do you do with
the completed proof of personal service
form dv200
bring a copy of the original signed
proof of service with you to your
hearing
also as soon as possible file
the original signed proof of service
form dv 200
with the court if you could not file it
with the court
bring the original also with you to your
hearing
again remember the restraining order is
not in effect
until the other party receives it and
the proof of service
is filed back with the court clerk if
the sheriff serves the orders
the sheriff will send their own proof of
service to the court for you
if the other party is avoiding service
of the papers
consult an attorney or contact the
restraining order
self-help center at 408
this is very important
always keep an extra copy of the
restraining orders with you for your
safety
copies of the restraining orders in your
car
in your purse with your apartment or
building security or manager
at your child's day care center or
school if the restraining order includes
your child
also give a copy the restraining order
to any other protected party
should you call the police if the
restraining order is violated
yes always call the police
if you feel the order is being violated
sometimes an abuser must have the police
called on them a couple of times
for them to understand that this order
is important and they can no longer
abuse you
on the other hand unless there is
property damage or physical harm
every violation of the restraining order
does not mean an automatic arrest
but you should still call the police
this helps to build your case about why
the restraining order is necessary
and to help keep it in effect for a
longer time
you can also you can call the police or
the family violence center
at 408-277-3700
call the police about a violation even
if you haven't had a chance to serve the
order yet
but the abuser violates it when the
police officer arrives
show the officer a copy of the
restraining orders
the officer can serve the order and then
enforce it at the same time
if this happens the police officer will
send the proof of service
to the court for you
if you believe the restraining order is
violated you should also
write down what happened when where
and who was there take photos of
property damage or physical injuries
save call logs messages voicemails
emails social media posts text messages
save everything don't delete
when the police arrive show them a copy
of your restraining order
it is a crime for the restrained party
to disobey the court's order
the restrained person can be arrested
fined
or sent to jail for violating the
court's order