How to Serve an Order
1. Check the packet also called an Alternative Service Packet or Emergency Packet. The plaintiff (petitioner) will also have this packet. It should contain the:
EX PARTE' PROTECTIVE ORDER
VERIFIED PETITION
RETURN OF SERVICE
If these documents are not with the packet, the officer may not be able to make a Valid Service. The Ex Parte' is the most critical, since it contains the court date for the hearing. The verified petition gives the information regarding the claims of the plaintiff that has been reviewed by a judge. The return is a form indicating service. A duplicate of a blank return can be obtained to document service.
2. Check the order and determine what the court is directing. It will likely include the requirements to:
Serve the respondent which notifies them of the court date and informs them of the restrictions and penalties.
Remove the respondent from a protected area (a residence or work place)
Remove the children from the respondent and place them with the petitioner.
3. Proceed with the service. Sign the copies of the orders being given to the respondent. It will be the Ex Parte' Protective Order and the Verified Petition.
4. Complete the Return of Service. Fill in the blanks. (The county where service is made, the officers name, what papers were served, the date received and the date served, and the address where the order was served.) Sign the return with your name, agency and title and include the date.
5. Notify the Dispatch Office of the service. The dispatcher will need the name of the respondent and the time and place of service. Dispatch will enter the service on the State Wide Warrants System immediately.
6. Immediately FAX a copy of the return of service to the Salt Lake County Sheriff's Office, Civil Division, 743-5325.
7. Send the Original Return (interoffice mail) to Civil Division.
Civil Division
Salt Lake County Sheriff's Office
3365 South 900 West
Salt Lake City, UT 84119
Telephone: (801) 743-5779
Fax: (801) 743-5325
HOW TO SERVE AN EX PARTE' CIVIL STALKING INJUNCTION
1. Check the packet (Alternative Service Packet or Emergency Packet) the plaintiff (petitioner) has. It should contain the:
EX PARTE' CIVIL STALKING INJUNCTION
VERIFIED PETITION
RETURN OF SERVICE
If these items are not with the packet, the officer may not be able to make a Valid Service.
2. Check the Injunction and determine the date of issue. Service must be made within 90 days of issuance.
3. Sign and Date the Ex Parte' and the Verified Petition being given to the respondent.
4. Tell the respondent the order is an "Ex Parte' Civil Stalking Injunction" and serve it on them. Offering the Injunction to the respondent, even if refused, is considered a legal service. (Leave the Injunction.)
5. If the Injunction does not have the respondent's name, but the petitioner has identified them to the officer, get the name of the respondent. It is needed to complete the return of service. "A person guilty of interference with a public servant if he knowingly...interferes with the lawful service of process by a public servant." 76-8-301 (1)(b) UCA, a Class B misdemeanor.
6. Complete the Return of Service. Fill in the blanks. (The county where service is made, the officers name, what papers were served, the date received and the date served, and the address where the order was served.) Sign the return with your name, agency and title and include the date.
7. Fill out the respondent identifying information at the bottom of the Return if applicable.
8. Immediately FAX a copy of the return of service to the Salt Lake County Sheriff's Office, Civil Division, 743-5325.
9. Send the Original Return (interoffice mail) to Civil Division.
Civil Division
Salt Lake County Sheriff's Office
3365 South 900 West
Salt Lake City, UT 84119
Telephone: (801) 743-5779
Fax: (801) 743-5325
