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court_form | California

DV-205-INFO - What if the Person I Want Protection From is Avoiding (Evading) Service? (Domestic Violence Prevention)

  • UIDca_court_forms:dv-205-info
  • CitationDV-205-INFO
  • Court / bodyJudicial Branch of California
  • Decision dateN/A
  • CollectionCA_COURT_FORMS
  • SourceOriginal

Summary

What if the Person I Want Protection From is Avoiding (Evading) Service? (Domestic Violence Prevention)

Text

Form ID: DV-205-INFO
Title: What if the Person I Want Protection From is Avoiding (Evading) Service? (Domestic Violence Prevention)
Effective Date: 2020-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/DV-205-INFO
Primary Download URL: https://www.courts.ca.gov/documents/dv205info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/dv205infoc.pdf, https://www.courts.ca.gov/documents/dv205infok.pdf, https://www.courts.ca.gov/documents/dv205infos.pdf, https://www.courts.ca.gov/documents/dv205infov.pdf
Form Detail Page:
What if the Person I Want Protection From is Avoiding (Evading) Service? (Domestic Violence Prevention)
(DV-205-INFO)
Explains what you can do if the other side is avoiding "personal service."
Get form DV-205-INFO
汉语
Get form DV-205-INFO in Chinese Simplified
(Chinese Simplified)
한국어
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(Korean)
español
Get form DV-205-INFO in Spanish
(Spanish)
Tiếng Việt
Get form DV-205-INFO in Vietnamese
(Vietnamese)
Effective: January 1, 2020
Go to
How-to instructions for Domestic Violence
Go to
Domestic Violence Form Packets
PDF Text:
What if the Person I Want Protection From  
is Avoiding (Evading) Service?DV-205-INFO
What if the Person I Want Protection From is
Avoiding (Evading) Service? 
 (Domestic Violence Prevention)
You have tried many times (usually 3 or more
times) to have someone personally serve the 
restrained person. 
Some examples of ways you can try to have  
the restrained person personally served: 
 Serve the restrained person at home, their   
   workplace, or somewhere they go a lot. 
 Search online for where they may be located. 
 Check with their family and friends. 
Make sure any attempts to find the restrained 
person are done safely. 
If you have an address for the restrained person, you 
can ask the sheriff or marshal to serve your papers, 
and they will do it for free. 
You believe the restrained person is  
avoiding (evading) personal service. 
Be ready to explain why you think the restrained 
person is avoiding service. If you have people who 
will help you prove this to a judge, bring them to 
your court hearing or have them write a statement 
that describes what they witnessed. Form MC-030 
may be used for this purpose. 


DV-205-INFO, Page 1 of 3
Why do I have to serve the 
restrained person? 
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. In most cases, the judge will require that you have 
someone personally deliver the papers to the person you 
want restrained. This is called personal service. See 
form DV-200-INFO for more information. 
What if I already have a domestic 
violence restraining order? 
If a judge granted you a domestic violence restraining 
order on form DV-130, alternative service is not an 
option for you. Follow the orders for service on form 
DV-130. It is important to follow the orders for service 
because this is how the restrained person will find out 
about the restraining orders. Once you file proof that the 
restrained person was served, law enforcement and the 
court will have proof that the restrained person knows 
about the orders. If you have questions about what the 
judge ordered in your case, see page 3 for where to get 
legal help. 
What if I can't personally serve the  
restrained person? 
When you cannot personally serve the restrained person 
with a copy of form DV-100 and related papers, a judge 
may allow you to give, or serve, the restraining order 
papers another way. This is called alternative service. 
The judge could order you to have your server give  
the restrained person your court papers in more than  
one way. To qualify for alternative service, you must 
show the judge at least two things.
This will mean they can see your name, the fact that  
you want a restraining order against the other party,  
and possibly your statements regarding the abuse.  
You may want to talk to an advocate about your safety 
and privacy concerns before you consider this request. 
Alternative service may involve other people having 
access to your court papers.

Judicial Council of California, www.courts.ca.gov 
New January 1, 2020, Optional Form 
Family Code, § 6340(a)

What if the Person I Want Protection From  
is Avoiding (Evading) Service?DV-205-INFO
What if the Person I Want Protection From is
Avoiding (Evading) Service? 
 (Domestic Violence Prevention)
  Post in courthouse 
  If you do not have money to pay a newspaper 
to publish your papers, you could ask the judge for 
permission to post a copy of form DV-210 in a 
courthouse. To be eligible, you have to qualify for a  
fee waiver. To make a request to post your court  
papers in a courthouse, complete the forms listed below. 
Take the completed forms to the courthouse to file. 
 Form FW-001; 
 Form FL-980; and 
 Form DV-210, items 1 and 2. 
If the judge allows you to serve the restrained person 
this way, you must find a server (an adult not protected 
by the restraining order or ask the court clerk) to post 
form DV-210 for you in the location approved by the 
judge for at least 28 days. After it has been posted for 
the required number of days, have your server 
completely fill out form FL-985 and form DV-250. Take
both forms to the courthouse to file in your case.
DV-205-INFO, Page 2 of 3
  Publish in a newspaper 
  You would have to pay a newspaper to run a 
copy of form DV-210 at least once a week for at least 
four weeks in a row. The judge would approve a 
newspaper that would have the best chances of the 
restrained person seeing it. To make this request, 
complete the forms listed below and take them to the  
courthouse to file. 
 Form FL-980; and 
 Form DV-210, items 1 and 2. 
If the judge grants your request, follow the orders  
made by the judge. Usually these orders are made on  
form FL-982.  
After the newspaper publishes form DV-210, make sure 
you get a signed statement from the newspaper that 
includes a copy of what was published in the newspaper
and when it was published. This statement is usually 
called "Proof of Publication." After you receive this 
statement, take it to the courthouse to file in your case.
What are some examples of  
alternative service? 
Here are some examples of what a judge can order  
if the judge allows alternative service in your case. 
Leave a copy and mail a copy to the  
 restrained person's home, mailing           
       address, or workplace 
If you have the restrained person's home, mailing (not  
a PO box), or workplace address, this type of service 
requires your server to follow these steps: 
 Give the papers to someone 18 years or older 
      who lives at the restrained person's home or   
      mailing address, or who appears to be in charge  
      at the restrained person's workplace; 
 Get the name of the adult who got the papers,  
      and tell the adult that the papers are for a  
      request for a restraining order against the     
      restrained person; 
 Mail the papers to the restrained person's home,   
      mailing, or workplace address;  
 Completely fill out form POS-010; and 
 File form POS-010 with the court or give the 
      completed form to the person asking for the  
      restraining order so they can file it with the court.
This type of service is called "substituted service." 
Check with your local self-help center or  
a lawyer to find out how to make this request. Your 
court may have forms that you can complete to make 
this request.



New January 1, 2020

What if the Person I Want Protection From  
is Avoiding (Evading) Service?DV-205-INFO
What if the Person I Want Protection From is
Avoiding (Evading) Service? 
 (Domestic Violence Prevention)
DV-205-INFO, Page 3 of 3
 May I serve by email  
 or electronically? 
To serve someone electronically, like by email or text 
message, the person you are serving has to agree to 
being served electronically. In your situation, if the 
person is avoiding service, it is unlikely that they will 
agree to being served electronically. The judge could  
tell you to send your paperwork by email or 
electronically to the restrained person as a way to give 
the restrained person notice, but the judge would also 
tell you to serve the restrained person in another way, 
like one of the examples listed above. 
 Where can I fi nd legal help?  
 Free legal information is available in every 
county at a court self-help center. Staff can provide you 
with your legal options but will not tell you what you  
should do in your case and will not provide you with 
legal representation. To find your local self-help center, 
go to www.courts.ca.gov/selfhelp. 
Where can I find other help? 
For safety tips or other help, call the National Domestic 
Violence Hotline at 1-800-799-7233; TDD: 
1-800-787-3224.
New January 1, 2020

Retrieval chunks

  • #1

    Form ID: DV-205-INFO Title: What if the Person I Want Protection From is Avoiding (Evading) Service? (Domestic Violence Prevention) Effective Date: 2020-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/DV-205-INFO Primary Download URL: https://ww…

  • #2

    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. In most cases, the judge will require that you have someone personally deliver the papers to the person you want restrained. This is called p…

  • #3

    Take the completed forms to the courthouse to file.  Form FW-001;  Form FL-980; and  Form DV-210, items 1 and 2. If the judge allows you to serve the restrained person this way, you must find a server (an adult not protected by the restraining order or ask the court clerk) to post form DV-210 for you in the …

  • #4

    This type of service is called "substituted service." Check with your local self-help center or a lawyer to find out how to make this request. Your court may have forms that you can complete to make this request.    New January 1, 2020 What if the Person I Want Protection From is Avoiding (Evading) Servic…