What are the legal methods for serving the other party with a Temporary Restraining Order and notice of hearing?
In California, a Temporary Restraining Order (TRO) must be served on the other party through personal service by a neutral third party or, if that fails, through substituted service. You, the person protected by the order, cannot be the one to serve the documents.
Here are the steps for legally serving the other party:
Step 1: Choose a Server
You must find someone who is at least 18 years old and not a party in your case to serve the papers. You can ask a friend or relative, hire a professional process server, or use your local county sheriff's department. The sheriff will serve domestic violence restraining order papers for free.
Step 2: Provide Documents to Your Server
Give your server a complete set of the court papers. This includes copies of the filed Request for Domestic Violence Restraining Order (Form DV-100), the Notice of Court Hearing (Form DV-109), the signed Temporary Restraining Order (Form DV-110), and a blank Proof of Personal Service form (Form DV-200).
Step 3: Instruct on Personal Service
This is the most reliable method. The server must locate the person to be restrained and personally hand them the packet of documents. This can be done at their home, workplace, or any public location.
Step 4: Complete and File the Proof of Service
After the server delivers the papers, they must fill out and sign the Proof of Personal Service (Form DV-200). This form describes who was served, and when, where, and how the service happened. You must take this completed form and file it with the court clerk before your hearing.
Important details and nuances:
The restrained party must be served at least five days before the scheduled court hearing. If personal service is unsuccessful after several attempts, your server may use "substituted service" by leaving the papers with a competent adult at the person's home or business and mailing another copy. This method is complex and must be done exactly right.
Warnings and limitations:
If the other party is not served correctly or if you do not file the Proof of Service with the court, the judge cannot make permanent orders at your hearing. This will likely result in the court rescheduling your hearing date to give you more time to complete service properly.
This is general information and does not constitute legal advice. For complex situations or if you have trouble serving the other party, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 59
Updated: August 14, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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