Restraining Orders

If you receive an ex parte order, it will not be enforceable until the papers have been served upon the abuser. The judge can order the sheriff to serve necessary paperwork on the abuser without any cost to you. But if the judge does not mention this in court and you want the sheriff to serve the papers, be sure to ask the judge to order it. Service can also be done by a “peace officer” or a corrections officer, such as a probation officer, court services officer, parole officer, or an employee of a jail or correctional facility.¹ 

As an alternative, the law allows a peace officer to serve the respondent with a “short-form notification” that notifies the respondent of the basic elements of the order. This may be appropriate, for example, if the respondent comes into contact with the police and the police learn that there is an unserved temporary order. The short-form notification will have the following instructions to the respondent: “The order for protection is now enforceable. You must report to your nearest sheriff office or county court to obtain a copy of the order for protection. You are subject to arrest and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the order for protection or this short-form notification.”²

Note: If service was unsuccessful because the respondent is avoiding service, you can file an affidavit with the court to explain what happened. The judge can then allow the respondent to be served by “alternate service,” which can include publication in a newspaper for one week. To apply for publication, you will need to file an affidavit with the court saying that:

• the sheriff, peace officer, or corrections officer could not serve the respondent because the respondent is avoiding service; and
• either:
  
  • a copy of the petition and notice of hearing was mailed to the respondent’s home; or
  • you do not know the respondent’s home address. ³

Service by publication will be considered complete seven days after the notice is published.³ You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ Minn Stat § 518B.01(9a)
² Minn Stat § 518B.01(8)(a), (8a)
³ Minn Stat § 518B.01(4)(h), (5)(f)