Court Procedures / Evidence / Service

You asked what paperwork you need to serve to your spouse if no orders were granted. Although I can’t speak to your case or the [STATE] court procedures specifically, when someone is starting a case, the paperwork that needs to be served to the other person typically includes: (1) the summons or notice, (2) the petition or complaint, and (3) any temporary orders if any were issued. The summons or notice is the paper that says the date, time, and address for the next court date so the person being served (the respondent or defendant in the case) would know when and where to appear. The petition or complaint is the paperwork you filed that says what you are asking for and why. In general, a case can go forward even if there are no temporary orders issued and a litigant can ask the judge to reconsider issuing a temporary order on the next court date. Even if the judge did not issue temporary orders, the person who filed the case (the plaintiff or petitioner) would generally have to have the respondent or defendant served with the summons or notice and the petition or complaint before the case could move forward.   

If you want to check what specific paperwork needs to be served in your case or you need copies of the documents for serving, you might want to ask someone working in the clerk’s office at the courthouse. The clerk’s office might also have a blank affidavit of service form to give to whoever serves the papers. And they can usually give information about the specific rules in your state for serving these court papers (for example, who can and can’t serve, how the papers have to be given, and when- how many days before the court date and whether you have to avoid weekends and holidays, etc.). We also have some information on our website about service of process in CA restraining order cases [CHANGE HYPERLINK FOR THE STATE]. In many counties, the sheriff’s department helps with serving court papers. On our website you can find the contact information for the local courthouses and local sheriff’s departments [ADD STATE TO LINKS], if you’d like to contact them. 

However, since you were not issued a temporary restraining order in this case, I strongly suggest you also speak with a lawyer in your state to get legal advice before you serve your spouse the court papers. Generally, there can be pros and cons to starting a case in court - for some people, having a court case makes their situation better or safer; however, for some people, having a court case can make their situation worse or less safe. For example, sometimes if an abuser is served with restraining order and custody petitions, they may become angry and retaliate in some way. And if the judge did not grant the victim’s request for a temporary restraining order, this could perhaps embolden the abuser to act out in some harmful way. A lawyer in your state can help you think through the pros and cons and figure out what course of action would be most protective for you and help you achieve your goals. S/he can also give you advice about the best way to frame the abuse you are experiencing to try to qualify for a restraining order. (You can see what qualifies as domestic violence for the purpose of getting a restraining order [CHANGE HYPERLINK FOR THE STATE] on our website.) Often, someone is allowed to edit (amend) their petition before it is served and speaking to a lawyer first can help you make sure your petitions are as strong as possible. You can use our Finding a Lawyer [ADD STATE TO LINK] page to find lawyers in your state, some of which may be free or low cost if you qualify.

If it’s helpful, we have also have general information about restraining orders and custody [ADD STATE TO LINKS] on our website where you can learn more about the next steps in the court process. 

No matter what legal steps you take, you may also want to consider safety planning. Safety planning is thinking of what you can do to keep yourself as safe as possible. We have some tips to get you started on our Safety Tips page, but an advocate at your local domestic violence organization can help you design a personalized plan. You can find an advocate [ADD STATE TO LINK] on our website.