DV-505-INFO How Do I Ask For a Temporary Restraining Order? 1 Use this form as a checklist. (Look at the numbers at the top of your forms.) a. For a restraining order you need these forms: DV-100 Request for Domestic Violence Restraining Order CLETS-001 (Confidential CLETS Information) DV-109 Notice of Court Hearing DV-110 Temporary Restraining Order b. If you have children with the person you want protection from, you also need these forms: DV-105 Request for Child Custody and Visitation Orders DV-140 Child Custody and Visitation Order DV-109 1 Notice of Court Hea Name of Person Asking for Ord Your lawyer in this case (if you c. If you want child support or spousal/partner support, you also need form: FL-150* Income and Expense Declaration or FL-155* Financial Statement (Simplified) * Read Which Financial Form--FL-155 or FL-150? (form DV-570) to know which one is right for you. d. Ask the clerk if your county has special forms or rules. e. There are other forms you will need later (do not fill them out now): DV-120 Response to Request for Domestic Violence Restraining Order DV-130 Restraining Order After Hearing (Order of Protection) DV-200 Proof of Personal Service 2 Fill out the forms you need and take them 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. 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. The court will set a hearing date on form DV-109 whether or not the judge grants any temporary orders. "File" the judge's order. The clerk will keep the original forms for the court and will file-stamp up to three copies for you. If you need more, you may 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 party 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. 3 4 Judicial Council of California www.courts.ca.gov Revised July 1, 2016 How Do I Ask for a Temporary Restraining Order? (Domestic Violence Prevention) DV-505-INFO, Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com DV-505-INFO How Do I Ask For a Temporary Restraining Order? 5 Know your hearing date: Form DV-109 Look at form DV-109 for the date and time of your hearing. You must go to your hearing to get a permanent order. The order you have now only lasts for about three weeks. Any orders made on form DV-110 (Temporary Restraining Order) will end on the hearing date. You have the right to cancel the hearing. Read page 2 of form DV-109 for information. 6 "Serve" the restrained party. Ask someone you know, a process server, or law enforcement to personally "serve" (give) the restrained party a copy of the notice of hearing, the order, and other papers. You cannot serve the papers yourself. They cannot be sent by mail. The server must: · Be 18 years of age or older · Not be listed in item 1 or 3 of form DV-100, Request for Domestic Violence Restraining Order. 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 or on the Internet 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. 7 File the Proof of Personal Service (Form DV-200). The Proof of Personal Service shows the judge and police that the restrained person got a copy of the request for orders. Make three copies of the completed Proof of Personal 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. Don't serve it by mail! 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 4 . The court will send your completed Proof of Personal 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 Personal Service to the court and to CLETS for you. Revised July 1, 2016 How Do I Ask for a Temporary Restraining Order? (Domestic Violence Prevention) DV-505-INFO, Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com DV-505-INFO How Do I Ask For a Temporary Restraining Order? 8 If the restrained party wasn't served . . . The restrained party must be served before the hearing. If the restrained party wasn't served, fill out form DV-115 (Request to Continue Hearing) and the top of form DV-116 (Order on Request to Continue Hearing) 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 and complete all of the forms again.) If the judge signs form DV-116, any restraining orders will last until the end of the new hearing. · File the signed order (form DV-116) with the clerk. The clerk will send it to law enforcement or CLETS for you. · Attach form DV-115 and form DV-116 to your other court papers and have the restrained party personally served. · After serving the orders, the server fills out and signs form DV-200, Proof of Personal Service, and gives it to you. · File the original form DV-200, Proof of Personal Service, and bring a copy to your hearing. · Bring a copy of form DV-115 and form DV-116 to your hearing. 9 Need help? The clerk has information sheets that can help you. Or you can get them at www.courts.ca.gov/forms. · · · · · · · Can a Domestic Violence Restraining Order Help Me? (form DV-500-INFO) What Is "Proof of Personal Service"? (form DV-200-INFO) Get Ready for the Court Hear