Restraining Orders

After the judge reviews your petition, take all of the forms, to the sheriff’s or police department so they can serve the defendant with notice of the hearing. “Notice of the Hearing” is the document that tells the defendant where and when to appear for the full court hearing.

You will have to provide some contact information for the defendant so the sheriff can find him. The defendant must receive notice of a hearing from the sheriff. If the defendant does not receive notice, the hearing will be rescheduled.

Do not try and serve the abuser in person with the papers yourself. The sheriff or police are required to notify you when the order is served.¹

Note: Protection orders may or may not be enforceable prior to the abuser being served, depending on which county you live in.

¹ SDCL § 25-10-7

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?