PARS Public
Viewer Table of Contents View
Manual of Policy and Procedures / Volume 5 - Line Procedures / Chapter 9 - Miscellaneous Line Procedures

5-09/040.06 - Verbal Service of Domestic Violence Restraining Orders


5-09/040.05 - Domestic Violence Prevention Act
5-09/040.07 - Service of Domestic Violence Protective Order - Relinquishment of Firearms

Deputy Responsibility:

If a domestic violence restraining order has not been served, a Deputy may verbally serve the respondent/defendant. The Deputy shall provide the respondent/defendant a verbal summary of the terms and conditions from the Miscellaneous Field section of the California Restraining and Protective Order System (CARPOS). The Deputy shall also inform the respondent/defendant that he/she may obtain the full terms and conditions of the restraining order from the court of issuance.

Once the restraining order has been served, the Deputy shall:

  • Enforce the order;
  • Complete a comprehensive entry in the MDT/MDC log;
  • When appropriate, write an incident report documenting the circumstances and action taken (attach a copy of the restraining order or computer print-out); and
  • Complete a Proof of Service (attach a copy to the incident report if written).

The Deputy shall inform the station secretary concerning a required update in CARPOS and provide the completed original Proof of Service.

Secretary’s Responsibility:

The station secretary will utilize the Restraining Order System #2 (ROS5) or the Service Restraining Order System #4 (ROS4) screens to update the restraining order record as served.

The ROS5 screen is used by the entering agency of record. The ROS4 screen is used to enter Proof of Service information when the serving agency is different from the entering agency. The mandatory fields are:

  • File Control Number (FCN) (automatically assigned by DOJ);
  • Name (Restrained person);
  • Served by (name of person serving order);
  • Date served (date of service);
  • Time (time served); and
  • Agency serving order (Serving Agency)

The secretary shall forward the original Proof of Service to the station/unit’s Court Deputy.

Court Deputy’s Responsibility:

The Court Deputy shall deliver the original Proof of Service to the Department’s office in one of the courthouses.

Court’s Office for the Sheriff’s Responsibilities:

The court’s office for the Sheriff shall forward the original Proof of Service to the Court Services Division (CSD), Civil Management Unit, for scanning into the TRO-WEB system.

Civil Management Unit’s Responsibilities:

CSD, Civil Management Unit, shall scan the original Proof of Service into the TRO-WEB.

Once scanned, CSD, Civil Management Unit, shall forward the original Proof of Service to the appropriate court which issued the restraining order.