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Civil Process Server Types and Fees
ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER (DOMESTIC VIOLENCE PREVENTION)
Court
Document
Required
|
Order to Show Cause And Temporary Restraining Order (form DV-110), Application and
Declaration for Order (form DV-100), blank Responsive Declaration to Order to Show
Cause (form DV-120), any other documents listed in the Order to Show Cause
|
Purpose of
Process
|
Notifies respondent of a hearing concerning various issues and restrains certain
activities and conduct of the respondent until the hearing
|
Process
Server's
Instructions
|
Provide the name and address of the person to be served; list all documents to be
served. The petitioner's attorney, or the petitioner (if the petitioner doesn't have an
attorney) must sign and date the Process Server's instructions.
|
Manner of
Service
|
Personal Service
|
Time for
Service
|
The OSC/TRO must be served at least five days before the hearing date unless the time
is shortened by the court.
|
Fee Deposit
|
$34.99 to start.
|
Fee
|
$34.99 to start if served, not found or canceled.
|
Proof of
Service
|
If service is made, a proof of service is sent to court and notice of service is mailed to the
petitioner. If service is not made, the OSC/TRO and a certificate of not found/no service
explaining the reason for non-service are mailed to the petitioner.
|
|
Information Guide
The Domestic Violence Act is designed to curb violence and sexual abuse by separating the parties and
restraining certain activities and conduct. The Act protects a spouse, former spouse, cohabitant, relative,
child and a person with a dating relationship to the restrained person. The petitioner may petition the court
for an order to show cause and temporary restraining order to protect people and property. The order to
show cause (OSC) is a notice of motion advising the respondent to appear at a hearing to determine
whether a long term injunction prohibiting certain activities should be issued. The temporary restraining
order (TRO) restrains the respondent from certain activities and types of conduct for a limited period of time.
If the TRO includes a removal order, a Sheriff will immediately move the respondent from the address and
allow the respondent to take only personal clothing and effects needed until the hearing. The OSC/TRO
should be given to the Process Server without delay because any restraining orders must be entered in the
Domestic Violence Restraining Order System (DVROS).
The OSC/TRO must be served at least five days before the hearing date unless the time is shortened by the
court. At the request of the petitioner, the Sheriff will serve the OSC/TRO without charge. If the OSC/TRO is
served by someone other than the Process Server the proof of service must be filed with the court. The
respondent is subject to immediate arrest for violating the court's orders if DVROS indicates the OSC/TRO
has been served.
The Process Server accords a very high priority to restraining orders involving threatened violence. The first
attempt to serve the OSC/TRO will be made no later than two business days after receipt. Up to three
attempts will be made, including one night time attempt after 6:00 p.m. (unless the respondent cannot be
found at the address in the evening.) After the respondent is served, the Process Server will mail a notice of
service to the petitioner and file a proof of service with the court. If service has not been made, the
OSC/TRO will be returned to the petitioner together with a certificate of not found/no service detailing the
reasons for non-service. If the respondent appears to be evading service, the petitioner may wish to
consider using a friend or relative over the age of 18 or hiring a registered process server who can devote
more time to effect service
Checklist
- fee deposit of $34.99
- Application and Declaration for Order (form DV-110
- blank Responsive Declaration to Order to Show Cause (form DV-120)
- any other documents listed in the Order to Show Cause OSC
- Process Server's Instructions
Process Server Service of Los Angeles County