Fill and Sign the Service Person Definition of Service Person by the Free Form

What is “service”? There are many kinds of service —in person, by ma il, and others. This form is about “in-person servic e.” The Notice of Court He aring (Fo rm DV-10 9), Tempor ary Rest raining Order (Form DV -110 ), an d Request for Order (Fo rm DV-10 0) mu st be served “in person.” That means some on e—no t y ou o r an yo ne else protected by the order—must personally “se rve” (give) the restrained person a copy of the fo rms. Service lets the other person kn ow: DV-210-INFO, Page 1 of 2 Revised January 1, 2010, Optional Form What Is “Proof of Service”? (Do mes tic Viol en ce Pre vention ) DV-210-INFO What Is “Proof of Service”? •What orde rs you are asking for The he aring date How to answer • • Who can serve? Ask someone you know , a pro cess server, or law enforcement to persona lly “serve” (give) a copy of these forms to the res trained pe rson. You cannot send them by mail. The serve r must : • Be 18 or ov er No t b e pr otected by th e o rders • The she riff or marshal is authorized to serve the orders for free , but yo u h ave t o ask. (If law enforcement or the process server uses a different proof of service form, make sure it lists t he forms served.) How to serve As k the server to: • Walk up to the per son to be served. Make sure it’s the right pe rso n. Sa y th e pers on’s name: “Are you John Doe ?” or “Hi, John Doe.” • • Give co pies o f all pap ers checked on Form DV-200. Fill out and sign the Proof of Service form (DV-200). Give the signed Proof of Service to y ou. • • What if the person won’t take the papers or tears them up? • If the person won’t take the paper s, just leave them near the person. It doesn’t matter if the person te ars them up. • Who signs the Proof of Service ? Only the person who serves the orders can sign the Proof of Service . Yo u d o no t sig n For m DV-200. The re stra ined person does n ot sign th is fo rm. A “proce ss server” is a business you pay to deliver court forms. Look in the Yellow Pages unde r “Proc ess Se rving.” Judicial Council of Califo rnia When do the orders have to be served? It depen ds. To kn ow the ex act dat e, yo u hav e to lo ok at two th ings o n For m DV-1 09: DV -210-INFO, Page 2 of 2 Revised January 1, 2010 What Is “Proof of Se rvice”? (Do mest ic Viole nce Pr even tion ) DV-210-INFO What Is "Proof of Service"? Look at a calendar. Subtract the number of days in fro m th e hea ring da te. That’s the final da te to have the orders served. It’s alwa ys OK to serve earlier than that date. If not hing is writ ten i n , follow these rules: • If the restrained person was notified that you asked fo r temp orary orders, yo u h ave 1 5 day s befo re th e hearin g. If th e restrained perso n was no t notified that yo u ask ed for temp orary orders, yo u ha ve 5 d ays b efore the h earing . • Why do I have to get the papers served? • The police cannot arrest an yo ne fo r v iolatin g an order unless the restrained pe rson knows about the order. The judge cannot make the or der s per manent unles s the restrained person was serve d. • What do I do with the completed Proof of Service ? • Make at least five copies. Fil e the original Proof of Service (Form DV-2 00) with the co urt at leas t 2 days before y our h earing . The clerk will send i t to CLE TS, a statewide computer syst em that le ts police know about your order. Bring a co py of the Proof of Service to yo ur he arin g. Always keep an extra copy with you for your s afety. • What happens if I can’t get the pape rs served before the hearing date? Befor e your hearing, fill out and file the Reissue Noti ce of Cou rt Hearin g and Tempor ary Restraining Order (Form You must attach a co py of Fo rm DV-12 5 to a cop y of y our o riginal pap ers. Th at way, th e po lice wil l know yo ur or ders are still in effect. And the rest rai ned person wi ll be served w ith noti ce of t he new hearing date. For more informat ion on gettin g a new h earing d ate, read Fo rm DV-12 6-INFO. • • • If some one other than the she riff serve s the orde rs, y ou sh ou ld: If t he sher iff serves the order s, he or she will send the Pro of of Serv ice to the court and CLETS for you. 3 Ser vice o f Do cumen ts a nd Time for 5 To the Person in At leas t __ days before the hearing, someone per sonally giv e (ser ve) a court 's fi le-sta mp ed in along with a cop y of all the for ms 5 5 First, loo k at the hea ring da te on pa ge 1 o f Form DV -109 . Ne xt, look at the nu mb er of day s written in on page 2. 5 Noti ce of Cour t Hear ing 3 Date: Time: Room:: Dept. : Hearing Date A co urt hear ing is sch edu led on the If you want to r espond to the request for orders in Order . Whether or not you respo nd in writing 12 DV-125). This form asks the judge for a ne w hearin g date an d mak es an y tempo rary orde rs last until then.