1 Clerk stamps date here when form is filed. Notice of Court Hearing DV-109 Name of person asking for protection: Address (skip this if the person above has a lawyer) (If you want your home address to be private, give a mailing address instead): Zip: State: Fax (optional): City: Telephone (optional): Your lawyer (if you have one): Name: Firm name: Street address: City: Telephone: E-mail: 2 State Bar no.: Fill in court name and street address: Superior Court of California, County of State: Fax: Zip: Name of person to be restrained: Clerk fills in case number when form is filed. Case Number: The court will fill out the rest of this form. To the Person in 2 3 Notice of Court Hearing A court hearing is scheduled on the request for orders against you to stop domestic violence. Name and address of court if different from above: Hearing Date Date: Time: Dept.: Room: If you want to respond to the request for orders in writing, file Form DV-120, Answer to Temporary Restraining Order. Whether or not you respond in writing, go to the hearing. You may tell the court why you agree or disagree with the orders requested. You may bring witnesses and other evidence. At the hearing, the court may make restraining orders against you that could last up to five years. The judge may also make other orders about your children, child support, spousal support, money, and property and may order you to turn in or sell any firearms that you own or possess. 4 Temporary Restraining Orders (any orders granted are attached on Form DV-110) a. Temporary restraining orders for personal conduct, stay away, and protection of animals, as requested in Form DV-100, Request for Order, are: All granted until the court hearing (1) All denied until the court hearing (specify reasons for denial in (b)) (2) Partly granted and partly denied until the court hearing (specify reasons for denial in (b)) (3) b. Requested temporary restraining orders for personal conduct, stay away, and protection of animals are denied because: The facts as stated in form DV-100 do not show reasonable proof of a past act or acts of abuse. (Family (1) Code, §§ 6320 and 6320.5) This is a Court Order. Judicial Council of California, www.courtinfo.ca.gov New January 1, 2010, Mandatory Form Family Code, § 242, Approved by DOJ Notice of Court Hearing DV-109, Page 1 of 3 (Domestic Violence) American LegalNet, Inc. www.FormsWorkFlow.com Case Number: Your name: The facts do not describe in sufficient detail the most recent incidents of abuse, such as what happened, the dates, who did what to whom, or any injuries or history of abuse. Further explanation of reason for denial, or reason not listed above: (2) (3) 5 Service of Documents and Time for Service—for Both Parties To the Person in 1 At least___ days before the hearing, someone age 18 or older—not you or anyone else to be protected—must personally give (serve) a court’s file-stamped copy of this form (DV-109, Notice of Court Hearing) to the person in 2 along with a copy of all the forms indicated below: a. Form DV-100, Request for Order, with applicable attachments (file-stamped) b. Form DV-110, Temporary Restraining Order, with applicable attachments (file-stamped) if granted by judge c. Form DV-120, Answer to Temporary Restraining Order (blank form) d. Form DV-250, Proof of Service by Mail (blank form) Other (specify): e. • The court cannot make the restraining orders after the court hearing unless the person in 2 has been personally given (served) a copy of your request and any temporary orders. To show that the person in 2 has been served, the person who served the forms must fill out a proof of service form. Form DV-200, Proof of Service (In Person) may be used. • For information about service, read Form DV-210-INFO, What Is “Proof of Service”? • If you are unable to serve the person in 2 in time, you may ask for more time to serve the documents. Read Form DV-126-INFO, How to Reissue a Temporary Restraining Order. To the Person in 2 • If you want to respond in writing, mail a copy of your completed Form DV-120, Answer to Temporary Restraining Order, to the person in 1 at least ____ days before the hearing. You cannot mail Form DV-120 yourself. Someone age 18 or older—not you—must do it. • To show that the person in 1 has been served by mail, the person who mailed the forms must fill out a proof of service form. Form DV-250, Proof of Service by Mail, may be used. File the completed form with the court before the hearing and bring it with you to the hearing. • For information about responding to a restraining order and filing your answer, read Form DV-540-INFO, Information for the Restrained Person. Date: Judicial Officer This is a Court Order. New January 1, 2010 Notice of Court Hearing (Domestic Violence) DV-109, Page 2 of 3 Case Number: Your name: (Clerk will fill out this part.) —Clerk's Certificate— Request for Accommodations I certify that this Notice of Court Hearing is a true and correct copy of the original on file in the court. Clerk’s Certificate [seal] Date: Clerk, by Assistive listening systems, computerassisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk’s office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (Form MC-410). (Civil Code, § 54.8.) , Deputy Right to Cancel Hearing: Information for the Person in 1 • If item 4 (a)(2) or (a)(3) on page 1 is checked, the judge has denied some or all of the temporary orders you requested until the court hearing. The judge may make the orders you want after the court hearing. You can keep the hearing date, or you can cancel your request for orders so there is no court hearing. • If you want to cancel the hearing, use Form DV-112, Waiver of Hearing on Denied Request for Temporary Restraining Order. Fill it out and file it with the court as soon as possible.You may file a new request for orders, on the same or different facts, at a later time. • If you cancel the hearing, do not serve the documents listed in item 5 on the other person. • If you want to keep the hearing date, you must have all of the documents listed in item 5 served on the other person within the time listed in item 5 . New January 1, 2010 Notice of Court Hearing (Domestic Violence) DV-109, Page 3 of 3