DV-200-INFO What Is "Proof of Personal Service"? What is "service"? Service is the act of giving your legal papers to the other party in the case. There are many kinds of service--in person, by mail, and others. This form is about personal, or "in-person," service. The Notice of Court Hearing (form DV-109), Request for Domestic Violence Restraining Order (form DV-100), and Temporary Restraining Order (form DV-110) must be served "in person." That means someone--not you or anyone else protected by the order--must personally "serve" (give) the party to be restrained a copy of the forms. You cannot send them by mail. Service lets the other party know: · What orders you are asking for · The hearing date · How to respond Why do I have to get the orders served? · The police cannot arrest anyone for violating an order unless the restrained party knows about the order. · The judge cannot make the orders permanent unless the restrained party was served. Who can serve? Ask someone you know, a process server, or a law enforcement agency (for example, a sheriff) to personally serve (give) a copy of the orders to the party to be restrained. You cannot send the forms to that person by mail. The server must: · Be 18 years of age or over · Not be you or anyone to be protected by the orders A sheriff can serve the order at no cost to you. A "registered process server" is a business you pay to deliver court forms. Look for "Process Serving" in the Yellow Pages or on the Internet. (Note: If a law enforcement agency or the process server uses a different proof of service form, make sure it lists the forms served.) Don't serve it by mail! How does the server "serve" the legal papers? Ask the server to: · Walk up to the person to be served. · Make sure it's the right person. Ask the person's name. · Give the person copies of all papers checked on form DV-200, Proof of Personal Service. · Fill out and sign form DV-200. · Give the signed form DV-200 to you. What if the person won't take the papers or tears them up? · If the person won't take the papers, just leave them near him or her. · It doesn't matter if the person tears them up. Judicial Council of California, www.courts.ca.gov Revised July 1, 2016 What Is "Proof of Personal Service"? (Domestic Violence Prevention) DV-200-INFO, Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com DV-200-INFO What Is "Proof of Personal Service"? When do the orders have to be served? It depends. To know the exact date, you have to look at two things on form DV-109: First, look at the hearing date on page 1. Next, look at the number of days written in item 5 on page 2. 3 Notice of Court Hearing A court hearing is scheduled on the reque Date: Dept.: Time: Room: 5 Service of Documents and Time for At least five or ___ days before the h protected--must personally give (serve) a cou Hearing) to the person in 2 along with a copy a. Form DV-100, Request for Domestic Viol b. Form DV-110, Temporary Restrain judge c. Form DV-120, Response to Requ Form DV-250, Proof of Hearing Date Look at a calendar. Subtract the number of days in item 5 from the hearing date. That's the final date to have the orders served. It's always OK to serve earlier than that date. If nothing is written in item 5 , you must have the papers served at least five days before the hearing. Who signs the Proof of Personal Service? Only the person who serves the orders can sign the Proof of Personal Service (form DV-200). You do not sign it. The person to be restrained does not sign it. What happens if I cannot get the papers served before the hearing date? Forms DV-100, DV-109, and DV-110 must be personally served before the hearing. If not, before your hearing, fill out and file a Request to Continue Hearing (form DV-115) and Order on Request to Continue Hearing (form DV-116). These forms ask the judge for a new hearing date and make any temporary orders last until the end of the new hearing. Ask the clerk for the forms, or go to www.courts.ca.gov. You must attach a copy of form DV-115 and DV-116 to a copy of your original order. That way, the police will know your orders are still in effect. And the restrained party will be served with notice of the new hearing date. For more information on getting a new hearing date, read form DV-115-INFO, How to Ask for a New Hearing Date. What do I do with the completed Proof of Personal Service? Bring a copy of the original Proof of Personal Service (form DV-200) to your hearing. If the sheriff serves the orders, he or she will send the Proof of Personal Service to the court and CLETS (California Law Enforcement Telecommunications System), a statewide computer system that lets police know about your order, for you. If someone other than the sheriff serves the orders, you should: · If possible, file the original Proof of Personal Service (form DV-200) with the court at least two days before your hearing. If you were unable to do so, bring the original Proof of Personal Service to your hearing. · The clerk will send it to CLETS. · Always keep an extra copy of the restraining orders with you for your safety. Revised July 1, 2016 What Is "Proof of Personal Service"? (Domestic Violence Prevention) DV-200-INFO, Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com