DV-510-INFO I Filled Out the Forms—What Now? 1 1 Take your forms to the court clerk. The clerk will give your forms to the judge. The judge will look at them and decide whether to make (“grant”) the temporary orders. Sometimes the judge will want to talk to you. If so, the clerk will tell you. 1 2 Find out if the judge made the temporary restraining orders. Ask the clerk when to come back to see if the judge signed the order (Form DV-110). The judge must decide by the next business day. If the judge grants a temporary restraining order, check it carefully to see what the orders are. The judge might not order everything you requested. 6 3 “File” the judge’s order. If the judge signs the order, the clerk will “file” it. The clerk will keep the original for the court and will file-stamp up to five copies for you. If you need more, make them yourself. What to do with your copies: • Keep one copy with you, always. You may need to show it to the police. • Keep another copy in a safe place. • Give a copy to anyone else protected by the order. • Take copies to places where the restrained person is ordered not to go (school, work, child care, etc.) • Give a copy to the security officers in your apartment building and workplace. Restraining orders get entered into CLETS, a statewide computer system that lets police know about your order. The court will send the order to law enforcement or CLETS for you. 6 4 Know your hearing date. Look at Form DV-109 for the date and time of your hearing. You must go to your hearing to get a permanent order. Any orders you have now only last for about three weeks. The orders end on the hearing date. Judicial Council of California, www.courtinfo.ca.gov Revised January 1, 2010, Optional Form 3 I Filled Out the Forms—What Now? DV-510-INFO, Page 1 of 2 (Domestic Violence Prevention) American LegalNet, Inc. www.FormsWorkFlow.com DV-510-INFO I Filled Out the Forms—What Now? 6 5 “Serve” the restrained person. Ask someone you know, a process server, or law enforcement to personally “serve” (give) the restrained person a copy of the orders and other papers. You cannot serve the papers yourself. They cannot be sent by mail. The server must: • Be 18 or over • Not be protected by the orders Law enforcement will serve the orders for free, but you have to ask.* A “process server” is a business you pay to deliver court forms. Look in the Yellow Pages under “Process Serving.”* *If law enforcement or the process server uses a different Proof of Service form, make sure the form lists all the forms served. 6 6 File the Proof of Service (Form DV-200). The Proof of Service shows the judge and police that the restrained person got a copy of the orders. Make five copies of the completed Proof of Service. Take the original and copies to the court clerk as soon as possible before your hearing. The clerk will keep the original and give you back the copies stamped “Filed.” Bring a copy to your hearing. Keep one copy with you and another in a safe place in case you need to show it to the police. Give the other copies out as you did in 3 . The court will send your completed Proof of Service to law enforcement or CLETS for you. CLETS is a statewide computer system that lets police know about your order. • If the sheriff serves your order, he or she will send the Proof of Service to the court and to CLETS for you. 6 7 If the restrained person wasn’t served . . . The restrained person must be served before the hearing. If the restrained person wasn’t served, fill out Form DV-125 (Reissue Notice of Court Hearing and Temporary Restraining Order) to ask the judge for a new hearing date. Do this before or at your hearing. (If you wait until after the hearing, you have to start from the beginning.) If the judge signs Form DV-125, any restraining orders will last until the new hearing date. • File the signed order (Form DV-125) with the clerk. The clerk will send it to law enforcement or CLETS for you. • Attach it to your other court papers and have the restrained person personally served. • If you didn’t file the original Proof of Service, bring it to your hearing. • Bring a copy of Form DV-125 to your hearing. After serving the orders, the server fills out and signs the Proof of Service and gives it to you. Revised January 1, 2010 I Filled Out the Forms—What Now? (Domestic Violence Prevention) DV-510-INFO, Page 2 of 2