How do I serve a Temporary Restraining Order?
A Temporary Restraining Order (TRO) is an Order restraining the person or entity served from doing something or to suspend certain behavior. The TRO must be Personally Served
because the person served must abide by the Order; otherwise the person served could be held in contempt of court and may be subject to arrest if the Order is violated. The TRO must be served at least five (5) calendar days prior to the hearing date
unless the TRO is served along with an Order to Show Cause
, Request for Order, Notice of Motion and Application for Order and Supporting Declaration then service can be required at least sixteen (16) court days prior to the hearing
. (CCP 527
A TRO is one of the most dangerous jobs a Process Server does because of the heightened emotions by all parties concerned.
Some Process Servers have stopped serving TROs because to the potential for injury. The Sheriff's Office will attempt most TROs for free, but you only get 3 attempts from them. The fee is higher due to the high level danger due to the peaked emotions that caused the TRO process to get started in the first place. The fee for "Routine" serving a TRO is $225 per party/per address. If we get the job with less than 7 days prior to the hearing date, there is an additional "Rush Fee" of $100, making the total $325. These fees do not include Stake Outs or other Special Circumstances that may be needed to serve the TRO.
Because of the consequences regarding violating a TRO it is highly recommended that you use a Registered Process Server
to do the service. The restrained party may avoid arrest if not properly served.