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Restraining Order After Hearing (CLETS-OAH) (Order Of Protection) Form. This is a California form and can be use in Domestic Violence Prevention Judicial Council.
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Tags: Restraining Order After Hearing (CLETS-OAH) (Order Of Protection), DV-130, California Judicial Council, Domestic Violence Prevention
DV-130 1 Restraining Order After Hearing (Order of Protection) Amended Order Clerk stamps date here when form is filed. Original Order Name of Protected Person: Your lawyer in this case (if you have one): Name: State Bar No.: Firm Name: Address (If you have a lawyer for this case, give your lawyer's information. If you do not have a lawyer and want to keep your home address private, give a different mailing address instead. You do not have to give your telephone, fax, or e-mail.): Address: City: Zip: State: Fax: Telephone: E-Mail Address: 2 Fill in court name and street address: Superior Court of California, County of Name of Restrained Person: Description of restrained person: M F Height: Sex: Race: Mailing Address (if known): City: Relationship to protected person: Weight: Clerk fills in case number when form is filed. Case Number: Hair Color: Eye Color: Date of Birth: Age: State: Zip: 3 Additional Protected Persons In addition to the person named in 1 , the following persons are protected by orders as indicated in items 6 and 7 (family or household members): Full name Relationship to person in 1 Sex Age Check here if there are additional protected persons. List them on an attached sheet of paper and write, "DV-130, Additional Protected Persons," as a title. 4 Expiration Date The orders, except as noted below, end on (date): · · · at (time): a.m. p.m. or midnight If no date is written, the restraining order ends three years after the date of the hearing in item 5 (a). If no time is written, the restraining order ends at midnight on the expiration date. Note: Custody, visitation, child support, and spousal support orders remain in effect after the restraining order ends. Custody, visitation, and child support orders usually end when the child is 18. The court orders are on pages 2, 3, 4, and 5 and attachment pages (if any). · This order complies with VAWA and shall be enforced throughout the United States. See page 5. This is a Court Order. Judicial Council of California, www.courts.ca.gov Revised July 1, 2016, Mandatory Form Family Code, § 6200 et seq. Approved by DOJ Restraining Order After Hearing (CLETS--OAH) (Order of Protection) (Domestic Violence Prevention) DV-130, Page 1 of 7 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 person in 1 The lawyer for the person in 1 (name): 2 The person in The lawyer for the person in 2 (name): of the court on (date): c. The people in 1 and 2 must return to Dept. at (time): a.m. p.m. to review (specify issues): To the person in 2 : The court has granted the orders checked below. Item 9 is also an order. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both. 6 Personal Conduct Orders a. The person in 2 must not do the following things to the protected people in 1 and 3 : Harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, impersonate (on the Internet, electronically or otherwise), or block movements. Contact, either directly or indirectly, by any means, including, but not limited to, by telephone, mail, e-mail, or other electronic means. Take any action, directly or through others, to obtain the addresses or locations of any protected persons. (If this item is not checked, the court has found good cause not to make this order.) b. Peaceful written contact through a lawyer or process server or another person for service of legal papers related to a court case is allowed and does not violate this order. c. Exceptions: Brief and peaceful contact with the person in 1 , and peaceful contact with children in 3 , as required for court-ordered visitation of children, is allowed unless a criminal protective order says otherwise. 7 Stay-Away Order a. The person in 2 must stay at least (specify): The person in 1 Home of person in 1 The job or workplace of person in 1 Vehicle of person in 1 b. yards away from (check all that apply): School of person in 1 The persons in 3 The child(ren)'s school or child care Other (specify): Exceptions: Brief and peaceful contact with the person in 1 , and peaceful contact with children in 3 , as required for court-ordered visitation of children, is allowed unless a criminal protective order says otherwise. 8 Move-Out Order The person in 2 must move out immediately from (address): 9 No Guns or Other Firearms or Ammunition a. The person in 2 cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition. This is a Court Order. Revised July 1, 2016 Restraining Order After Hearing (CLETS--OAH) (Order of Protection) (Domestic Violence Prevention) DV-130, Page 2 of 7 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: 9 b. The person in 2 must: · Sell to, or store with, a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms within his or her immediate possession or control. Do so within 24 hours of being served with this order. · Within 48 hours of receiving this order, file with the court a receipt that proves guns have been turned in, sold, or stored. (Form DV-800, Proof of Firearms Turned In, Sold, or Stored, may be used for the receipt.) Bring a court filed copy to the hearing. c. The court has received information that the person in 2 owns or possesses a firearm. The court has made the necessary findings and applies the firearm relinquishment exemption under d. Family Code section 6389(h). Under California law, the person in 2 is not required to relinquish this firearm (specify make, model, and serial number of firearm): The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even if exempt under California law, the person in 2 may be subject to federal prosecution for possessing or controlling a firearm. 10 11 Record Unlawful Communications The person in 1 has the right to record communications made by the person in 2 that violate the judge's orders. Care of Animals The person in 1 is given the sole possession, care, and control of the animals listed below. The person in 2 must stay at least yards away from and not take, sell, transfer, encumber, con