Amador — GV-200-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/gv200info.pdf

GV-200-INFO What Is “Proof of Personal Service”?

What is “service”? Service is the act of giving your legal papers to the other party. There are many kinds of service—in person, by mail, and others. This form is about personal or “in-person” service. The Petition for Gun Violence Restraining Order (Form GV-100), the Notice of Court Hearing (Form GV-109), and the Temporary Gun Violence Restraining Order (Form GV-110) must be served “in person.” That means that someone must personally “serve” (give) a copy of the forms to the respondent (the person to be prohibited from having guns).

These forms cannot be served by mail; they must be given to the respondent personally.

Service lets the respondent know: • Why you are asking for a Gun Violence Restraining Order; • The hearing date; • How to respond.

Why do I have to get the orders served? • The police cannot arrest anyone for violating an order unless that person knows about the order. • No hearing can be held to extend the order for a year unless the respondent was served and knows about the hearing.

Don't serve it by mail! Who can serve?
Any law enforcement officer may serve the respondent, even if the petition
was filed by a law enforcement officer. It is recommended that you ask a
law enforcement officer to serve the forms because of the potential for
gun violence. A sheriff or marshal will serve the order at no cost to you.

However, service may also be by any person who is at least 18 years old and
not a party to the action. That means that if the petitioner is a family
member rather than a law enforcement officer, that person may not serve the
forms on the respondent. You may use a process server. A “registered
process server” is a business that you pay to deliver court forms. Look for
“Process Serving” in the Yellow Pages or on the Internet.

How to serve Ask the server to: • Make personal contact with the person to be served. • Make sure it is the right person. Ask the person’s name. • Give the person copies of all papers checked on Form GV-200, Proof of Personal Service. • Fill out and sign the Proof of Personal Service form. • Give the signed Proof of Personal Service to you.

What if the person won’t take the papers or tears them up? • If the person won’t take the papers, just leave them near him or her. • It doesn’t matter if the person tears them up. Service is still complete.

Judicial Council of California, www.courts.ca.gov GV-200-INFO, Page 1 of 2Rev. January 1, 2019, Optional Form What Is ''Proof of Personal Service''? (Gun Violence Prevention)

GV-200-INFO What Is “Proof of Personal Service?”

When do the orders have to be served? It depends. To know the exact date, you have to look at two things on Form GV-109, Notice of Court Hearing: First, look at the hearing date on page 1 of Form Next, look at the number of days in item 5 on page 2 of GV-109. Form GV-109.

3 Hearing
5 Service of Documents on Respondent

At least five calendar days before the
Hearing Ł Date: ________ hearing.
Date Dept.: ________

Look at a calendar. Subtract the number of days in 5 from the hearing date. That is the final date to have the orders served. It is always OK to serve earlier than that date. If nothing is checked or written in 5 , you must serve the orders at least five days before the hearing.

Who signs the Proof of Personal Service? Only the person who serves the forms can sign Form GV-200, Proof of Personal Service. You do not sign it; the restrained person does not need to sign it.

What do I do with the completed Proof of Personal Service? If someone other than a law enforcement officer serves the papers, you should: • Make several copies. • File the original with the court before your hearing. • Bring a copy of the completed Proof of Personal Service to your hearing. • Always keep an extra copy of the restraining orders with you for your safety.

What happens if I can't get the orders served before the hearing date? You will need to ask the court to “continue” (postpone and reschedule) the hearing until after you are able to have the respondent served. Fill out and file Form GV-115, Request to Continue Court Hearing for Gun Violence Restraining Order. If the court grants you a continuance, the Temporary Gun Violence Restraining Order (Form GV-110) will remain in effect until the new hearing date.

Rev. January 1, 2019 What Is ''Proof of Personal Service''? GV-200-INFO, Page 2 of 2 (Gun Violence Prevention)

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