Service deadline missed
DVRO papers not served before the hearing? California steps
Missed the DV-109 service deadline? Official forms, Family Code sections, and court steps when papers were not served before the hearing.
If the restrained person was not served at least five days before the hearing, or by the deadline in item 6 of DV-109, ask the court for a new date on DV-115 or at the hearing (Fam. Code §§ 243, 245(b)). If the restrained person was not served at least five days before the hearing, or by the deadline in item 6 of DV-109, ask the court for a new date. File DV-115 and check item 4a, or ask at the hearing (Fam. Code §§ 243, 245(b)). If the judge grants it, the temporary order stays in effect until the new date (Fam. Code § 245(c)). If the person is avoiding service, DV-205-INFO explains how to ask for another way to serve, which the judge orders on DV-117.
For the full California process with official citations, see How to file a domestic violence restraining order in California.
What item 6 on DV-109 requires
The file-stamped DV-109 (Rev. January 1, 2025) lists when the restrained person must be served, generally personal service at least five days before the hearing unless the court wrote a different deadline in item 6.
Fam. Code § 243(a) states the restrained person must be served at least five days before the hearing. Fam. Code § 243(b) allows the court to shorten that time for good cause.
Ask for a new date on DV-115
DV-115-INFO lists the protected party who was unable to have DV-109 and other papers served in time. Item 4a on DV-115 matches that reason.
You can also ask in writing before the hearing or out loud at the hearing (Fam. Code § 245(b)). The judge decides on DV-116 Order on Request to Continue Court Hearing (Temporary Restraining Order) (CLETS-TRO), Rev. January 1, 2023.
Until the judge signs DV-116, go to court at the date, time, and location on your stamped DV-109.
DV-115 request to continue hearingCalifornia court deadline calculator
What DV-116 item 6a(1) records
When the judge grants a continuance, DV-116 can note that the protected party has not served the restrained party. That line is one checkbox on the order; it does not replace item 7, which tells you whether and how to serve after a new date is set.
If the hearing passes without a continuance
Fam. Code § 242(b) states that if the hearing is not held within the time limits in subdivision (a), the temporary restraining order stops being enforceable unless the hearing is continued under § 245.
Missing the hearing without a granted continuance can end temporary protection. DV-115-INFO warns that if the protected party does not go to a new court date after a grant, temporary orders can expire on that date and time.
When the person avoids service
DV-205-INFO (How to Ask for an Order for Alternative Service) explains how to ask the court for another way to serve when the restrained person is evading service. The judge can order alternative service on form DV-117.
Free sheriff service
Fam. Code § 6383(b)(3) states there is no fee for service of process by a sheriff or marshal in a domestic violence restraining-order proceeding. DV-116 item 8 states the sheriff or marshal serves DV-116 for free.
County and statewide facts from official sources
These lines come from the court, sheriff, or statute pages cited below, not from generic summaries.
verbal notice servicealternate service
- If an officer finds an order was issued but not served, the officer must tell the respondent its terms on the spot; that verbal notice counts as service and the officer enforces the order then. (Statewide; Verified against official sources on October 30, 2026.)
- If the respondent evades service, a judge can allow another method of service once the sheriff or server tried in person at least 3 times; the sheriff's Declaration of Due Diligence shows the attempts. (Statewide; Verified against official sources on October 30, 2026.)
Questions people ask next
Do I still go to the original hearing if DV-116 is not signed?
Yes. DV-115-INFO states that unless the judge signs DV-116 granting a continuance, you should go to court at the date, time, and location on form DV-109.
Can the court shorten the five-day service rule?
Fam. Code § 243(b) allows the court to shorten the time for service for good cause. Ask the clerk or Self-Help Center how your court handles that request.
Does a granted continuance extend the temporary order?
Fam. Code § 245(c) states that when a continuance is granted, any temporary restraining order remains in effect until the end of the continued hearing date unless the court orders otherwise. Fam. Code § 245(d) requires the extended order to state its new expiration date, and § 245(e) states there is no fee for that extension.
If an officer finds an order was issued but not served, the officer must tell the respondent its terms on the spot; that verbal notice counts as service and the officer enforces the order then?
If an officer finds an order was issued but not served, the officer must tell the respondent its terms on the spot; that verbal notice counts as service and the officer enforces the order then. Official source quote: "The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order" Verified against official sources on October 30, 2026.
If the respondent evades service, a judge can allow another method of service once the sheriff or server tried in person at least 3 times; the sheriff's Declaration of Due Diligence shows the attempts?
If the respondent evades service, a judge can allow another method of service once the sheriff or server tried in person at least 3 times; the sheriff's Declaration of Due Diligence shows the attempts. Official source quote: "The judge may allow this if the sheriff (or another server) tried to serve the papers in person at least 3 times." Verified against official sources on October 30, 2026.
Official sources
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