DV-400 1 2 3 Findings and Order to Terminate Restraining Order After Hearing Clerk stamps date here when form is filed. Complete only items 1 and 2. The remaining items are for court use. Name of Protected Party: Name of Restrained Party: Court Findings (Fam. Code, § 6345 (a) & (d)) a. The Protected Party filed the request to terminate the restraining orders in Restraining Order After Hearing (form DV-130). A proof of service (by mail or personal service) of the request on the Restrained Party is filed with the court. The Restrained Party filed the request to terminate restraining orders. The filed proof of service shows that the Protected Party received notice of the Request by: 1. Personal service. Service on the Secretary of State (the Protected Person is 2. registered in the Safe at Home Program). An alternative, court-ordered method of service that gives 3. actual notice of the request and the hearing. The Restrained Party filed the request to terminate the restraining orders in form DV-130. The Protected Party was physically present in court on the hearing date, waived his or her right to notice, and does not challenge the sufficiency of the notice. The Protected Party was physically present at the hearing and verified his or her identity. The Protected Party and the Restrained Party submitted a written stipulation (agreement) to terminate the restraining orders in Restraining Order After Hearing (form DV-130). Other (specify): Fill in court name and street address: b. Superior Court of California, County of Court fills in case number when form is filed. Case Number: c. d. e. f. 4 Court Orders The protective orders in Restraining Order After Hearing (form DV-130) that were issued or modified on are terminated. This order is effective when made. (date): a. Child custody, visitation (parenting time), and child support orders in Restraining Order After Hearing (form DV-130) 1. Remain in effect. Have been modified on (date): 2. Are also terminated. 3. Spousal or domestic partner support orders in Restraining Order After Hearing (form DV-130) b. Remain in effect. 1. Have been modified on (date): 2. Are also terminated. 3. c. Unless modified or terminated by court order, any existing orders for child custody, child visitation (parenting time), child support, and spousal or partner support made in a Domestic Violence Prevention Act case after a noticed hearing survive the termination of the protective order, and remain in effect. Family Code sections 6340(a), 6345(b). d. This order does not modify or terminate any existing criminal, juvenile, or probate court orders. This is a Court Order. Judicial Council of California, www.courts.ca.gov New July 1, 2016, Mandatory Form Family Code, § 6345, Approved by DOJ Findings and Order to Terminate Restraining Order After Hearing (CLETS­CANCEL) (Domestic Violence Prevention) DV-400, Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: 5 Hearings a. The hearing was on (date): with (name of judicial officer): b. These people were at the hearing (check all that apply): The Protected Party Protected Party's lawyer (name): The Restrained Party Restrained Party's lawyer (name): Lawyer (name): Other (name): Lawyer (name): Other (name): 6 CLETS Entry The court or its designee will transmit this form within one business day to law enforcement personnel for entry into the California Restraining and Protective Orders System via CLETS. 7 Service of this Order a. b. The Protected Party and the Restrained Party were at the hearing or agreed in writing to this order. No other proof of service is needed. The Protected Party (party who asked for the order) was at the hearing. The Restrained Party was not. Someone 18 or over--not anyone else protected or restrained by the restraining order--must personally "serve" the Restrained Party with a filed copy of this order. The Restrained Party (party who asked for the order) was at the hearing. The Protected Party was not. Someone 18 or over--not anyone else protected or restrained by the restraining order--must personally "serve" the Protected Party with a filed copy of this order. Other (specify): c. d. Date: Judge (or Judicial Officer) (Clerk will fill out this part.) --Clerk's Certificate-- Clerk's Certificate [seal] I certify that this Findings and Order to Terminate Restraining Order After Hearing is a true and correct copy of the original on file in the court. Date: Clerk, by , Deputy This is a Court Order. New July 1, 2016 Findings and Order to Terminate Restraining Order After Hearing (CLETS­CANCEL) (Domestic Violence Prevention) DV-400, Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com