Fillable Proof of Personal Service, Domestic Violence June 1, (California)

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Proof of Personal Service, Domestic Violence June 1, (California)

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Superior Court of California, County of Sacramento
Family Law & Probate
DVRO Step 2 Page 1 of 1
Cover Sheet:
Proof of Personal Service, Domestic Violence
Effective Date:
June 1, 2019
Last Revision Date:
October 29, 2020
Purpose:
This form is to be completed and filed once the Temporary
Restraining Order and Notice of Hearing in a Domestic Violence
case has been served on the restrained person.
Assistance:
If the restrained party lives in Sacramento County you may have the
Sheriff’s Department serve the papers for you. The Sheriff’s
Department requires two copies of the Domestic Violence
Restraining Order packet and the Documents to Serve on the
Restrained Party. Their office is located on the third floor of the
Family Relations Courthouse (room 313). The Sheriff’s Department
closes at 3:00 p.m., but you are able to complete instructions and
use their drop box to drop documents off to be served, until 5:00 p.m.
Required Forms:
All forms are Judicial Council forms, unless otherwise indicated:
Proof of Personal Service, DV-200
Optional Forms:
These forms are included for your information only and do not need
to be served or filed with the Court:
What Is “Proof of Personal Service”?, DV-200-INFO
Get Ready for the Restraining Order Court Hearing, DV-520-
INFO
How to Enforce Your Restraining Order, DV-530-INFO
Filing Fee:
None
Copies:
Make one copy of the completed form. The Court will file and keep
the original and will endorse and return the copy to you.
Before You File:
Service must be done by someone over the age of eighteen who is
not a party to the case.
Filing:
Mail or place completed forms in the court drop-box located at the
Family Court at 3341 Power Inn Road, Sacramento, CA 95826.
Drop box hours are 8:00 am to 5:00 pm Monday through Friday,
excluding Court holidays.
Next Steps:
Review the Temporary Restraining Order (DV-110) to find out what
the judge ordered. If your request for temporary orders was denied
your hearing date is still scheduled. Your hearing date is indicated on
the Notice of Court Hearing (DV-109).
DV-200-INFO
What Is "Proof of Personal Service"?
What Is "Proof of Personal Service"?
(Domestic Violence Prevention)
DV-200-INFO, Page 1 of 2
What is "service"?
Service is the act of giving your court papers to the other
party in your case. There are different ways to serve the
other party: in person, by mail, and others.
Why do I have to serve my legal papers?
Before a judge can grant a domestic violence restraining
order (that can last up to five years), the person you
want a restraining order against must know about your
request and have a chance to go to court to explain their
side. Also, if a restraining order is in place, the police
cannot arrest the restrained person for violating the
restraining order until the restrained person is served
with the order.
What is "personal service"?
Personal service is when someone,
known as a server, personally delivers
your court papers to the other party.
In most cases, these forms must be served to the other
party by personal service:
Form DV-109;
Form DV-100;
Form DV-110;
Form DV-120 (leave this form blank);
Form DV-120-INFO; and
Form DV-250 (leave this form blank).
Who can serve?
Any adult who is not protected by the restraining order
can serve your court papers. You cannot serve your
own court papers.
Some situations may be dangerous. Think about
people's safety when deciding who you want to
serve your papers.
A sheriff or marshal will serve your court papers for
free. A registered process server is a business you pay to
deliver papers. To hire a process server, look for
"process server" on the internet or in the yellow pages.
How do I have my court papers served?
Step 1: Choose a server
The person who gives your court papers to the other
party is called a server. Your server must be at least
18-years-old. They must not be protected by the
restraining order or involved in your case. This
means that you cannot serve your own court papers.
Step 2: Have your server give your court papers
to the other party
Give your server these instructions:
Before you serve the forms, note which forms
you have, including the name of the form and
the form number. See form DV-200 for a list
of forms.
Find the person you need to serve. Make sure
you are serving the right person by asking the
person's name.
Give the person the papers. If the person refuses
to take the papers, put them on the ground or
somewhere next to the person. The person
doesn't have to touch or sign for the papers.
It is okay if they tear them up.
Fill out form DV-200 completely and sign.
File form DV-200 with the court or give form
DV-200 to the person who is asking for the
restraining order so they can file it.
Step 3: File proof with the court
The court needs proof that service happened and
that it was done correctly. If your server was
successful, have your server fully complete and sign
form DV-200. The person you want restrained
does not sign anything.
Take form DV-200 to the court to file in your case as
soon as possible. This information will automatically
go into a restraining order database that police have
access to.
If the sheriff or marshal served your court papers,
they may use another form for proof besides form
DV-200. Make sure a copy is filed with the court
and that you get a copy.
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2020, Optional Form
DV-200-INFO
What Is "Proof of Personal Service"?
What Is "Proof of Personal Service"?
(Domestic Violence Prevention)
When is the deadline to serve my
court papers?
It depends. To know the exact date, you need to look at
two items on form DV-109. Follow these steps:
Step 1: Look at the court date listed under
on page 1.
Step 2: Look at the number of days written in
on page 2.
Step 3: Look at a calendar. Subtract the number of
days in from the court date. That's the deadline to
have your court papers served. It's okay to serve your
court papers before the deadline.
If nothing is written in , you must have your
court papers served at least five days before your
court date.
Service of Documents by the Person
At least five ___ days before the
6
Notice of Court Hearing
A court hearing is scheduled on
3
Date:
Dept.:
Hearing
Date
6
DV-200-INFO, Page 2 of 2
3
6
6
What happens if I can't get my court
papers served before the court date?
You will need to ask the court to reschedule (continue)
your court date. Fill out and file form DV-115 and form
DV-116. These forms ask the judge for a new court date
and to make any temporary orders last until the end of
the new court date.
If the judge gives you a new court date, the person you
want restrained will have to be served with form
DV-116, form DV-115, and the original papers you
filed. You should keep a copy of form DV-115, form
DV-116, and a copy of your original paperwork. That
way, the police will know your orders are still in effect.
For more information on asking for a new court date,
read form DV-115-INFO.
What if the other party is
avoiding (evading) service?
If you've tried many times to serve the the restrained
person, and you can show the judge that the restrained
person is avoiding (evading) service, you may ask the
court to allow you to serve another way. If you want
to make this request, at your first court date tell the
judge details about your attempts to have the restrained
person served. The judge may require a written
statement for this.
Read form DV-205-INFO, What if the Person I Want
Protection From is Avoiding (Evading) Service?, for
more information.
Revised January 1, 2020, Optional Form
DV-200, Page 1 of 1
Judicial Council of California, www.courts.ca.gov
Revised July 1, 2016, Optional Form
Family Code, §§ 243, 245, and 6345
Proof of Personal Service (CLETS)
(Domestic Violence Prevention)
Proof of Personal Service
1
Name of Party Asking for Protection:
2
Name of Party to Be Restrained:
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Court clerk fills in case number when form is filed.
Case Number:
4
DV-200
Notice to Server
3
The server must:
Be 18 years of age or older.
•
Not be listed in items or of
form DV-100, Request for Domestic
Violence Restraining Order.
•
Give a copy of all documents checked in to the restrained party in
(you cannot send them by mail). Then complete and sign this form,
and give or mail it to the party in .
•
1 3
1
4
2
I gave the party in a copy of all the documents checked:
2
a.
DV-109 with DV-100 and a blank DV-120 (Notice of Court
Hearing; Request for Domestic Violence Restraining Order; blank
Response to Request for Domestic Violence Restraining Order)
b.
DV-110 (Temporary Restraining Order)
c.
DV-105 and DV-140 (
Request for Child Custody and Visitation Orders, Child Custody and Visitation Order
)
d.
FL-150 with a blank FL-150 (Income and Expense Declaration)
e.
FL-155 with a blank FL-155 (Financial Statement (Simplified))
f.
DV-115 (Request to Continue Hearing)
g.
DV-116 (Order on Request to Continue Hearing)
h.
DV-130 (Restraining Order After Hearing)
i.
5
I personally gave copies of the documents checked above to the party in on:
2
p.m.a.m.Date:a. Time:b.
At this address:
c.
City:
State:
Zip:
6
Server's Information
Name:
Address:
City:
State:
Zip:
Telephone:
(If you are a registered process server):
County of registration:
Registration number:
7
I declare under penalty of perjury under the laws of the State of California that the information above is true and
correct.
Date:
Type or print server’s name Server to sign here
Other (specify):
Sacramento
William R. Ridgeway Family
Relations Courthouse
3341 Power Inn Road
Sacramento, CA 95826
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2016, Optional Form
DV-520-INFO, Page 1 of 3
Get Ready for the Restraining Order
Court Hearing (Domestic Violence Prevention)
DV-520-INFO
Get Ready for the Restraining Order Court Hearing
This form explains what to do before, during, and after the restraining order hearing. You can go to www.courts.ca.gov/
dvforms for more information and to find the court forms listed in this information form
Before the hearing
Take these papers to court (you can use the check boxes on this page to keep track of what you need or have ):
If needed, make arrangements for:
heard. The witness’s statement can be
on a sheet of paper that says
Declaration at the top, and Signed
under penalty of perjury at the bottom,
just above the witness’s signature. Or
the witness may use form MC-030,
Declaration instead.
request form if you want the court to
have an interpreter at the hearing. If
the court cannot give you an
interpreter, bring an adult to interpret
for you. Do not ask a witness or a
child involved in your case to
interpret for you.
Exception: If the other person objects to
your witness, that witness must be in court
if you want the judge to hear from him or
her.
If the hearing is about getting a restraining order against you:
Go to the hearing! If you miss it, the judge can make orders without hearing your side.
Read DV-120-INFO, How Can I Respond to a Request for Domestic Violence Restraining Order?
You can fill out and file a court form to tell the judge your side (form DV-120, Response to Request for Domestic
Violence Restraining Order). Take 3 copies of this form to the court hearing.
If the other person asks for orders about money (child or spousal support or other financial orders), read form
DV-570 to see if you should fill out an Income and Expense Declaration or a Simplified Financial Statement.
•
•
•
•
3 copies of all papers you filed for your case.
3 copies of documents that support your case (police
or medical reports, rental agreements or receipts,
photos, bills). Be ready to give the other party copies
of what you give to the judge. Sometimes the judge
cannot look at or consider certain documents. The
judge will decide which documents can be included
in your case.
3 copies of pay stubs or other proof of income (only if
orders about money, such as child or spousal support,
were requested). If the judge accepts your proof, s/he
will also give a copy to the other person.
The signed Proof of Service form. For more
information, see DV-200-INFO, What Is “Proof of
Personal Service?”
Make a list of the orders you want (or donތt want),
and practice saying it. You may only have a few
minutes to talk to the judge. If you get nervous at the
hearing, just read from your list. You may also write
a statement and read it to the judge. You may also say
other things after you read the statement.
Childcare. Most of the time, children will not be
allowed in the courtroom during the hearing. Call the
court and ask if they have a children’s waiting room.
If not, arrange for childcare.
If you do not speak English well, ask the clerk for an
interpreter. The clerk may ask you to fill out a
A support person. But that person cannot speak for
you in court.
Witness(es) to testify in court. Or you may bring a
witness’s signed statement of what they saw or
Note:
Revised January 1, 2016
DV-520-INFO, Page 2 of 3
Get Ready for the Restraining Order
Court Hearing
At the hearing
Get to court at least 30 minutes
early. Find your courtroom. When it
opens, go in and tell the courtroom
clerk or law enforcement officer you
are present, and the names of any
witnesses, and if the witness needs
an interpreter.
•
•
•
The person to be restrained has not been
served or needs time to get a lawyer or
prepare an answer.
The court may postpone (continue)
your case if:
The judge wants more information or your
hearing is taking longer than planned.
If this happens, you will have to come back another day.
The person who asked for the order may ask the judge to
make the temporary orders last until the new hearing
date. The court might use form DV-116
for the new
hearing.
•
•
For most cases, the judge will make decisions about your
case at the end of the hearing. To decide if the requested
orders should be approved or not, the judge will decide if
the evidence shows that the person asking for protection
is entitled to a restraining order. The judge will consider
the evidence and the safety risks of the adults and
children involved in the case. If the judge makes orders at
the hearing, the orders will be on form DV-130
,
Restraining Order After Hearing.
At the end of the hearing
The court clerk might fill out form DV-130. If so, s/he
will take it to the judge. If not, ask who should fill it
out, and where to file it. After the form is filed, the
court clerk will give you up to 3 copies.
If you asked for the order(s):
You may be at court several hours. It depends on how
many cases there are. Your hearing may last just a few
minutes or over an hour.
Go to the front of the courtroom when they call your
name.
Watch the other cases so you will know what to do.
Do not sit near or talk to the other person. If you are
afraid of the other person, tell the officer.
•
Warning! If you asked for the restraining order but do
not go to the hearing, your temporary restraining order
will end and there may not be a hearing. The court could
make other orders if the other side asks, even if the
restraining order is not granted. To get another
restraining order, you must fill out and file a new set of
forms.
Read the signed form DV-130
carefully. If anything is
different from what the judge said in court, ask the
clerk for help right away. Or talk to your lawyer, if you
have one.
Your temporary orders expire at midnight of the date of
your hearing. File your new order the same day so you
will be protected.
If the court makes the restraining order, the clerk will
send form DV-130
, Restraining Order After Hearing to
law enforcement. Doing this puts your orders in a
database called CLETS. This lets police everywhere in
the state know about the orders.
Important! Always keep a copy of the restraining order
with you.
•
•
•
•
•
In the courtroom
The judge may ask you questions. The
other people in the case and their lawyers
may ask questions, too.
Tell the truth. Speak slowly. Give
complete answers. You can read from
your list.
Try to answer exactly what the judge asks.
If you don’t understand, say “I don’t understand the
question.”
Speak only to the judge unless it’s your turn to ask
questions or the judge tells you to answer a question
from the other person or his/her lawyer.
Do not interrupt anyone! If the other person tells a lie,
wait until s/he finishes talking, then tell the judge.
•
•
•
•
•
Family Court Sevices
If you ask for parenting time (custody and visitation)
orders, the court may send both parents to Family Court
Services for court-connected mediation or child custody
recommending counseling. For more information, see
forms: FL-313-INFO
, Child Custody Information Sheet
—Recommending Counseling, or FL- 314-INFO
, Child
Custody Information Sheet—Child Custody Mediation.
If you are sent to Family Court Services, the judge may
extend the date of the orders (or make new temporary
orders) to last until your next court date.
DV-520-INFO
Get Ready for the Restraining Order Court Hearing
Revised January 1, 2016
DV-520-INFO, Page 3 of 3
Get Ready for the Restraining Order
Court Hearing
After the hearing
If you asked for the restraining order, and the court made
the order…
You must have the other person served
with a copy of form DV-130
. You may
have him or her served with a copy of
form DV-130
in the courtroom after the
hearing or by mail.
If the restrained person was not at the hearing and the
new orders are
the same as the temporary order,
you may have the other person
served with a copy of form DV-130
by mail. Ask the server to complete
form DV-250.
different from the temporary order, you must have
someone serve form DV-130
in person, not by mail.
Ask the server to complete form DV-200, Proof of
Personal Service, and give it back to you.
Important! You must file a completed form DV-200,
Proof of Personal Service, or form DV-250, Proof of
Service by Mail. Keep a copy for your records. Keep a
copy of the orders with you at all times.
•
•
If you asked for support or child custody/visitation
orders, you may also get one of these forms:
Form DV-140, Child Custody and Visitation Order, if
the judge ordered child custody or visitation.
Form FL-342
, Child Support Information and Order
Attachment, or form FL-343, Spousal, Partner, or
Family Support Order Attachment, if the judge orders
child support and/or spousal support.
What if you are deaf or hard of hearing?
Assistive listening systems, computer-assisted real-time
captioning, or sign language interpreter services are
available if you ask at least five days before the
proceeding. Contact the clerk’s office or go to www.
courts.ca.gov/forms for Request for Accommodations by
Persons With Disabilities and Order (form MC-410).
(Civil Code, § 54.8)
Other orders
•
•
If the court made a restraining order against you…
You must obey orders the judge makes at the hearing.
Orders are written on form DV-130
. If you do not obey
them, you could be arrested.
You will be served the Restraining Order After
Hearing (form DV-130
) at the hearing or within a few
days, by mail or in person.
Read the signed form DV-130
carefully when you
receive it. If anything is different from what the judge
said, ask the court clerk for help right away. Or talk to
your lawyer, if you have one.
If you do not receive a copy of the orders within a few
days, ask the clerk for a copy.
Review How Do I Turn In, Sell, or Store My Firearms
(DV-800-INFO/JV-252-INFO).
Ask the court clerk about free or low-cost legal help.
Ask for information at the court about the Self-Help
Center or Family Law Facilitator Office.
For a referral to a local domestic violence or legal
assistance program, call the National Domestic
Violence Hotline: 1-800-799-7233
TDD: 1-800-787-3224
It’s free and private. They can help you in more than
100 languages.
Need more help?
•
•
•
DV-520-INFO
Get Ready for the Restraining Order Court Hearing
Get copies.
DV-530-INFO, Page 1 of 1
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2012
How to Enforce Your Restraining Order
(Domestic Violence Prevention)
DV-530-INFO
How to Enforce Your Restraining Order
•
•
•
•
•
When should I call the police?
•
Write down what happened, when, where, and the names of any witnesses.
Get copies of police reports.
If you are hurt, get copies of medical reports.
•
•
Even if you haven’t served the orders yet, call the police.
Show the police a copy of your orders. If the restrained person is there,
ask the officer to serve the orders. If the officer serves the orders, he or
she will send the Proof of Service to the court and CLETS for you.
CLETS is a statewide computer system that lets police know about
your orders.
What can the police do?
It is a crime to disobey the judge’s orders.
The restrained person can be arrested, pay a fine, and/or go to jail or prison.
Ask your local district attorney (D.A.) how he or she will handle your case. The D.A. may file criminal or
contempt charges. You can always call the D.A. for information about a criminal case.
You can also file a civil contempt action. Ask the court clerk for forms or visit www.courts.ca.gov.
Guns, Other Firearms and Ammunition
The restrained person cannot
•
own
have
buy or try to buy
•
•
a gun or firearm or ammunition while the order is in effect. If the person does any
of these things, he or she can go to jail and be ordered to pay a fine of $1,000.
•
Get copies of your restraining order (DV-110 or DV-130) and Proof of Service (Form DV-200 or DV-250) from the
court clerk if you don’t already have them:
Always keep a copy with you. You may need to show it to the police.
Keep another copy in a safe place and consider keeping a copy in your car.
Give a copy to anyone else protected by the order.
Take copies to places where you and the other protected people go (e.g. school, work, daycare, etc.).
Give a copy to the security officers in your apartment building and workplace.
Staple the restraining order (DV-110 or DV-130) to the Proof of Service (DV-200 or DV-250).
Call the police right away if the restrained person violates any of the orders. Also:
A law enforcement officer can give you information about any firearms the
restrained person has registered, transferred, or sold. (Penal Code section 11106).
You may disclose the information as needed to protect yourself or someone else.
Tell law enforcement if you have any information about any guns the restrained
person has or where they are located.
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