Process Server for Restraining Order in Houston: 10 Key Rules to Follow
When someone files for a restraining order in Texas, they must ensure the respondent is officially notified. This is done through legal service, and in most cases, a certified process server handles this critical task.
What Is a Restraining Order?
A restraining order is a court-issued directive designed to protect one individual from another who poses a threat. It can include orders to stay away, cease contact, or vacate shared residences. Serving this order ensures the respondent knows the restrictions placed on them.
How is a Restraining Order Delivered?
A restraining order is delivered by a certified process server who hand-delivers the documents to the respondent. This ensures legal proof that the individual has been officially notified and allows enforcement of the court order. In Texas, personal delivery is the preferred method for serving a restraining order.
Who Can Serve a Restraining Order in Texas?
Only certain individuals are legally authorized to serve court documents, including restraining orders. In Texas, a restraining order can be served by:
- A certified process server (JBCC-licensed)
- A sheriff or constable
- An authorized agent of the court
Houston Process Servers, LLC, is licensed and certified to serve restraining orders throughout Harris County and surrounding areas.
Why Can’t You Serve It Yourself?
You cannot serve a restraining order yourself because it violates the neutrality requirement of legal process service. The person filing the order has a vested interest in the case. Therefore, Texas law mandates a neutral, authorized third party must perform service to ensure due process.
How to Deliver a Restraining Order Step-by-Step
- Obtain the court-issued restraining order
- Hire a certified process server
- Provide the respondent’s information and possible addresses
- Allow the server to attempt delivery (up to 4 attempts)
- Receive proof of service (notarized affidavit)
What Happens After a Restraining Order Is Served?
After service, the respondent is legally bound by the terms of the order. Violating any part of it can result in arrest or additional legal penalties. The court will then proceed with any follow-up hearings or actions depending on the circumstances of the case.
What If the Person Avoids Service?
When someone hides or evades service, the court may allow substitute service. This requires:
- Filing a motion with evidence of multiple failed attempts
- Requesting court approval for alternative delivery methods (e.g., posting or certified mail), Houston Process Servers, LLC also offers stakeout services for evasive individuals.
Restraining Order vs No-Contact Order
| Feature | Restraining Order | No-Contact Order |
|---|---|---|
| Issued by | Civil Court | Criminal Court |
| Enforceability | Immediately after the service | Conditional on court proceedings |
| Violation Consequence | Civil/Criminal Penalty | Criminal Charges |
| Can Be Served? | Yes | Not always required |
Common Questions Answered
- How much does it cost for a restraining order in Texas? You must pay court filing fees unless eligible for a waiver. Prices vary by county.
- What happens if someone refuses to be served? Process servers can document refusal, and courts may still consider service valid.
- Can a process server serve a restraining order? Yes, if certified. Our team is authorized and experienced.
- How to put a restraining order on someone in Texas? File a request with your local court, attend a hearing, and upon approval, have it served.
- Which is worse, a no-contact order or a restraining order? Each has serious consequences, but restraining orders can be longer-term and broader in scope.
Hire Process Server for Restraining Order in Houston, TX
Need to serve a restraining order in Houston? Our certified process servers ensure prompt, professional service with email updates after each attempt. Contact Houston Process Servers, LLC today using our secure contact form to get started.
