DV-110 1 1 Temporary Restraining Order and Notice of Hearing Clerk stamps date here when form is filed. Name of person asking for protection (protected person): Protected person’s address (skip this if you have a lawyer): (If you want your address to be private, give a mailing address instead): City: State: Zip: Telephone number: Protected person’s lawyer (if any): (Name, address, telephone number, ( l) and State Bar number): 2 Fill in court name and street address: Superior Court of California, County of Restrained person’s name: Fill in case number: Description of that person: Sex: Weight: Race: Age: Eye Color: Case Number: M F Height: Hair Color: Date of Birth: 3 List the full names of all family or household members protected by this order: 4 Court Hearing Date (Fecha de la Audiencia): Clerk will fill out section below. 3 Name and address of court if different from above: Hearing Date Date: Dept.: Time: Rm.: To the person in 2 : At the hearing, the judge can make restraining orders that last for up to 5 years. The judge can also make other orders about your children, child support, spousal support, money, and property. File an answer on Form DV-120 before the hearing. At the hearing, you can tell the judge that you do not want the orders against you. Even if you do not attend the hearing, you must obey the orders. Para la persona nombrada en 2 : En esta audiencia el juez puede hacer que la orden de restricción sea válida hasta un máximo de 5 años. El juez puede también hacer otras órdenes acerca de niños, manutención, dinero y propiedad. Presente una respuesta en el formulario DV-120 antes de la audiencia. Si Usted se opone a estas órdenes, vaya a la audiencia y dígaselo al juez. Aunque no vaya a la audiencia, tiene que obedecer estas órdenes. To the person in 1 : At the hearing, the judge will consider whether denial of any orders will jeopardize your safety and the safety of children for whom you are requesting custody, visitation, and child support. Safety concerns related to the financial needs of you and your children will also be considered. 5 Temporary Orders (Ordenes Temporales) Any orders made in this form end at the time of the court hearing in 4 , unless a judge extends them. Read this form carefully. All checked boxes and items 10 and 11 are court orders. Todas las órdenes hechas en esta formulario terminarán en la fecha y hora de la audiencia en 4 , al menos que un juez las extienda. Lea este formulario con cuidado. Todas las casillas marcadas y los articulos 10 y 11 son órdenes de la corte. This is a Court Order. Judicial Council of California, www.courtinfo.ca.gov Revised July 1, 2009, Mandatory Form Family Code, § 6200 et seq. Approved by DOJ Temporary Restraining Order and Notice of Hearing (CLETS—TRO) (Domestic Violence Prevention) DV-110, Page 1 of 5 American LegalNet, Inc. www.FormsWorkflow.com Case Number: Your name: 6 6 Personal Conduct Orders The person in 2 must not do the following things to the protected people listed 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, or block movements b. Contact (either directly or indirectly), or telephone, or send messages or mail or e-mail Except for brief and peaceful contact as required for court-ordered visitation of children unless a criminal protective order says otherwise Take any action, directly or through others, to get the addresses or locations of any protected persons or c. of their family members, caretakers, or guardians. (If item c is not checked, the court has found good cause not to make this order.) Peaceful written contact through a lawyer or through a process server or another person in order to serve legal papers is allowed and does not violate this order. A criminal protective order on Form CR-160 is in effect. Case Number: County (if known): Expiration Date: (If more orders, list them in item 17 .) a. 7 2 6 Stay-Away Order The person in 2 must stay at least yards away from: 1 The person listed in a. d. The people listed in 3 b. e. 1 Home Vehicle of person in 6 Job c. 8 The children’s school or child care Other (specify): Move-Out Order The person in 2 must take only personal clothing and belongings needed until the hearing and move out 6 immediately from (address): 9 Child Custody and Visitation Order a. b. 10 You and the other parent must make an appointment for court mediation (address and phone number): Follow the orders listed in Form DV-140, which is attached. No Guns or Other Firearms or Ammunition 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, firearms, or ammunition. 11 Turn in or sell guns or firearms. The person in 2 : • Must sell to a licensed gun dealer or turn in to police any guns or firearms that he or she has or controls. This must be done within 24 hours of being served with this order. • Must bring a receipt to the court within 48 hours of being served with this order, to prove that guns and firearms have been turned in or sold. 12 9 Property Control Until the hearing, only the person in 1 can use, control, and possess the following property and things: This is a Court Order. Revised July 1, 2009 Temporary Restraining Order and Notice of Hearing (CLETS—TRO) (Domestic Violence Prevention) DV-110, Page 2 of 5 Case Number: Your name: 6 13 Property Restraint If the people in 1 and 2 are married to each other or are registered domestic partners, they must not transfer, borrow against, sell, hide, or get rid of or destroy any property, including animals, except in the usual course of business or for necessities of life. In addition, each person must notify the other of any new or big expenses and explain them to the court. (The person in 2 cannot contact the person in 1 if the court has made a “no contact” order.) Animals: Possession and Stay-Away Order 14 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, conceal, molest, attack, strike, threaten, harm, or otherwise dispose of the following animals: Unlawful communications may be recorded. 15 The person in 1 can record communications made by the person in 2 that violate the judge’s orders. 16 No Fee to Notify (Serve) Restrained Person If the sheriff serves this order, he or she will do it for free. 17 18 Other Orders (specify): If the judge makes a restraining order at the hearing, which has the same orders as in this form, the person in 2 will get a copy of that order by mail at his or her last known address. (Write restrained person’s address here): 6 If this address is not correct, or to know if the orders were made permanent, contact the court. Time for Service 19 To: Person Asking for Order Someone 18 or over—not you or the other protected people—must personally “serve” a copy of this order to the restrained person at least ________ days before the hearing. A To: Person Served With Order If you want to respond in writing, someone 18 or over—not you—must “serve” Form DV-120 on the person in 1 , then file it with the court at least ________ days before the hearing. B For help with Service or answering, read Form DV-210-INFO or DV-540-INFO. Date: Judge (or Judicial Officer) Certificate of Compliance With VAWA This temporary protective order meets all Full Faith and Credit requirements of the Violence Against Women Act, 18 U.S.C. § 2265 (1994) (VAWA) upon notice of the restrained person. This court has jurisdiction over the parties and the subject matter; the restrained person has been or will be afforded notice and a timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in each jurisdiction throughout the 50 United States, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction. This is a Court Order. Revised July 1, 2009 Temporary Restraining Order and Notice of Hearing (CLETS—TRO) (Domestic Violence Prevention) DV-110, Page 3 of 5 Case Number: Your name: Warnings and Notices to the Restrained Person in 2 20 If you do not obey this order, you can be arrested and charged with a crime. • It is a felony to take or hide a child in violation of this order. You can go to prison and/or pay a fine. • If you travel to another state or to tribal lands or make the protected person do so, with the intention of disobeying this order, you can be charged with a federal crime. • If you do not obey this order, you can go to prison and/or pay a fine. 21 You cannot have guns, firearms, and/or ammunition. You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, firearms, and/or ammunition while the order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a gun dealer or turn in to police any guns or firearms that you have or control. The judge will ask you for proof that you did so. If you do not obey this order, you can be charged with a crime. Federal law says you cannot have guns or ammunition if you are subject to a restraining order made after a noticed hearing. 22 After You Have Been Served With a Restraining Order • Obey all the orders. • If you want to answer, fill out Answer to Temporary Restraining Order (Form DV-120). Take it to the court clerk with the forms that apply to your case. • File DV-120 and have all papers served on the protected person by the date listed in item 19 of this form. • At the hearing, tell the judge if you agree or disagree with the orders requested. • Even if you do not attend the hearing, the judge can make the restraining orders last for 5 years. 23 Child Custody, Visitation, and Support • Child Custody and Visitation: If you do not go to the hearing, the judge can make custody and visitation orders for your children without hearing your side. • Child Support: The judge can order child support based on the income of both parents. The judge can also have that support taken directly from your paycheck. Child support can be a lot of money, and usually you have to pay until the child is 18. File and serve a Financial Statement (Form FL-155) or an Income and Expense Declaration (Form FL-150) so the judge will have information about your finances. Otherwise, the court may make support orders without hearing your side. • Spousal Support: File and serve a Financial Statement (Form FL-155) or an Income and Expense Declaration (Form FL-150) so the judge will have information about your finances. Otherwise, the court may make support orders without hearing your side. 24 Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Order (Form MC-410). (Civil Code, § 54.8.) This is a Court Order. Revised July 1, 2009 Temporary Restraining Order and Notice of Hearing (CLETS—TRO) (Domestic Violence Prevention) DV-110, Page 4 of 5 Case Number: Your name: Instructions for Law Enforcement 25 Start Date and End Date of Orders The start date is the date next to the judge’s signature on page 3. The orders end on the hearing date on page 1 or the hearing date on Form DV-125, if attached. 26 Arrest Required If Order Is Violated If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order, the officer must arrest the restrained person. (Penal Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. 27 Notice/Proof of Service Law enforcement must first determine if the restrained person had notice of the orders. If notice cannot be verified, the restrained person must be advised of the terms of the orders. If the restrained person then fails to obey the orders, the officer must enforce them. (Family Code, § 6383.) Consider the restrained person “served” (noticed) if: • The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or • The restrained person was at the restraining order hearing or was informed of the order by an officer. (Fam. Code, § 6383; Pen. Code, § 836(c)(2).) An officer can obtain information about the contents of the order in the Domestic Violence Restraining Orders System (DVROS). (Fam. Code, § 6381(b)(c).) 28 If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents to contact with the restrained person, the orders remain in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § 13710(b).) 29 Child Custody and Visitation • Custody and visitation orders are on Form DV-140, items 3 and 4 . They are sometimes also written on additional pages or referenced in DV-140 or other orders that are not part of the restraining order. • Forms DV-100 and DV-105 are not orders. Do not enforce them. 30 Enforcing the Restraining Order in California Any law enforcement officer in California who receives, sees, or verifies the orders on a paper copy, or on the California Law Enforcement Telecommunications System (CLETS), or in an NCIC Protection Order File must enforce the orders. 31 9 Conflicting Orders A protective order issued in a criminal case on Form CR-160 takes precedence in enforcement over any conflicting civil court order. (Pen. Code, § 136.2(e)(2).) Any nonconflicting terms of the civil restraining order remain in full force. An emergency protective order (Form EPO-001) that is in effect between the same parties and is more restrictive than other restraining orders takes precedence over all other restraining orders. Clerk’s Certificate [seal] I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court. Date: Clerk, by , Deputy This is a Court Order. Revised July 1, 2009 Temporary Restraining Order and Notice of Hearing (CLETS—TRO) (Domestic Violence Prevention) DV-110, Page 5 of 5