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DV-120-INFO How Can I Respond to a Request (The Superior Court of California - County of Orange)

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What is a Domestic Violence Restraining Order?
It is a court order that helps protect people who have been abused or threatened with abuse.
What can a restraining order do?
The court can order the restrained person to:
Not contact or harm the protected person, including children listed as protected people
Move out of the house
Follow child custody and visitation orders
Not have any guns or ammunition
Pay child support
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2012
DV-120-INFO, Page 1 of 3
Pay spousal support
•
•
•
•
•
•
DV-120-INFO
How Can I Respond to a Request for Domestic Violence
Restraining Order?
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
Stay away from all protected people
•
Obey property orders
•
What are the legal requirements?
A Domestic Violence Restraining Order is available if:
A person has been abused or threatened with abuse and
•
The person who was abused has a certain relationship with the person who did the abuse (married, divorced, separated,
registered domestic partnership, have a child together, dating or used to date, live together or used to live together as
more than just roommates), or are closely related (mother or mother-in-law, father or father-in-law, child or stepchild,
grandparent or grandparent-in-law, grandchild or grandchild-in-law, sister or sister-in-law, brother or brother-in-law,
stepparent, daughter-in-law or son-in-law). (See Family Code § 6211).
•
What is abuse?
Abuse means to intentionally or recklessly cause or attempt to cause bodily injury to the protected person; or sexually
assault the protected person; or to place the protected person or another person in reasonable fear of imminent serious
bodily injury; or to molest, attack, hit, stalk, threaten, batter, harass, telephone, or contact the protected person; or to
disturb the protected person’s peace; or to destroy the protected person’s personal property. Abuse can be spoken, written,
or physical.
What if the legal requirements are not met?
There are other kinds of orders that might apply:
Civil harassment order (can be used for neighbors, roommates, cousins, uncles, and aunts)
•
Dependent adult or elder abuse restraining order
•
Workplace violence order
•
How do I tell my side of the story?
File Form DV-120, Response to Request for Domestic Violence Restraining Order, before the hearing date. Also, have
someone mail it to the person who asked for the order or to the person’s lawyer. This is “Service.” The person who mails
it must fill out and sign a Proof of Service by Mail (Form DV-250). File the Proof of Service with the court clerk. Keep a
copy. Then, bring a copy of your response on Form DV-120, and the filed Proof of Service (Form DV-250), to the
hearing.
What if I also have criminal charges against me?
See a lawyer. Anything you say or write, including in this case, can be used against you in your criminal case.
Revised January 1, 2012 DV-120-INFO, Page 2 of 3
DV-120-INFO
How Can I Respond to a Request for Domestic Violence
Restraining Order?
What if the person seeking protection contacts me?
No matter what, you have to follow the court order. The order only says what you can do or cannot do.
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
What if I have a gun or ammunition?
If a restraining order is issued, you cannot own, possess, or have a gun, other firearm, or ammunition while it is in effect.
If you have a gun or other firearm in your immediate possession or control, you must sell it to a licensed gun dealer or
turn it in to a law enforcement agency. Read Form DV-800-INFO, How Do I Turn In or Sell My Firearms?
What if I don’t obey the court order?
The police can arrest you. You can go to jail and/or pay a fine.
Will I see the person seeking protection at the court hearing?
If the protected person comes to the hearing, you will see him or her. Do not talk to the protected person unless the judge
or that person’s lawyer says you can.
Do I need a lawyer?
Having a lawyer is always a good idea especially if you have children, but it is not required. You are not entitled to a free
court-appointed lawyer. Ask the clerk how to find free or low-cost legal services and self-help centers in your county.
You can also go to the Family Law Facilitator for help with child support.
Is there a cost to file my Response (Form DV-120)?
No.
How long does the order last?
If the court makes a temporary restraining order, it will last until the hearing date. At that time, the judge will decide to
continue or cancel the order. The restraining order can last for up to 5 years. Custody, visitation, child support, and
spousal support orders can last longer than 5 years and they do not end when the restraining order ends.
Can I bring a witness or other document to the court hearing?
Yes. You can bring witnesses or documents that support your case to the hearing. The judge may or may not let a witness
speak at the hearing. So you should also bring copies of the witnesses’ written statements of what they saw or heard,
signed under penalty of perjury, and provide the other party and the judge with a copy. Your witness can use Form
MC-030, Declaration, to write a statement.
If we agree, can the person seeking protection and I cancel the order?
No. Once the order is issued, only the judge can change or cancel it.
Should I go to the court hearing?
If you do not go to court, the judge can make the orders
without hearing from you. If you object to the
orders being made, go to court on the hearing date
listed on page 1 of Form DV-109, Notice of Court
Hearing.
Notice of Court Hearing
A court hearing is scheduled
3
Date:
Dept.:
Hearing
Date
Revised January 1, 2012
DV-120-INFO, Page 3 of 3
DV-120-INFO
How Can I Respond to a Request for Domestic Violence
Restraining Order?
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
What if I am deaf or hard of hearing?
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.courts.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Order (Form
MC-410). (Civil Code, § 54.8.)
For help in your area, contact:
[Local information may be inserted]
What if I have children with the person to be protected?
The judge can make temporary orders for child custody and visitation. If the judge makes a temporary order for child
custody, the parent with custody may not remove the child from California before notice to the other parent and a court
hearing. Read the order for any other limits. There are some exceptions. Ask a lawyer.
What if I want to leave the county or state?
You must still comply with the restraining order. The restraining order is valid anywhere in the United States.
What if I do not have a green card?
The order is valid even if you are not a U.S. citizen. If you are worried about deportation, talk to an immigration lawyer.
Can I use the restraining order to get divorced or terminate a registered domestic partnership?
No. These forms will not end your marriage or registered domestic partnership. You must file other forms to end your
marriage or registered domestic partnership. The court staff can tell you where to get legal help.
What if I do not speak English?
When you file your papers, ask the clerk if a court interpreter is available. If an interpreter is not available for your court
date, bring someone to interpret for you. Do not ask a child, a witness, or anyone to be protected by the order to interpret
for you.
Ask the court clerk about free or low-cost legal help.
For a referral to a local domestic violence or legal assistance
program, call the National Domestic Violence Hotline:
1-800-799-7233
TDD: 1-800-787-3224
It's free and private.
They can help you in more than 100 languages.
What if I am a victim of domestic violence?
(Domestic Violence Prevention)
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Case Number:
Fill in case number:
DV-120
Response to Request for Domestic
Violence Restraining Order
Name of Person Asking for Protection:
(See Form DV-100, item ):
Telephone:
1
2
Name:
State Bar No.:
Address:
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.):
Fax:
Firm Name:
E-Mail Address:
Your Name:
Zip:
State:City:
1
Your lawyer in this case (if you have one):
Use this form to respond to the Request for Domestic
Violence Restraining Order (Form DV-100)
3
Time:
Date:
I agree to the relationship listed in item on Form DV-100.
a.
b
.
4
Relationship to Person Asking for Protection
4
I do not agree to the relationship listed in item on Form DV-100. (Specify your reasons in item 23,
page 4 of this form.)
•
Fill out this form and take it to the court clerk.
•
Have the person in served by mail with a copy of this form and any attached pages. (See Form DV-250, Proof
of Service by Mail.)
1
•
For more information, read Form DV-120-INFO, How Can I Respond to Request for Domestic Violence
Restraining Order?
The judge will consider your Response at the hearing.
Write your hearing date, time, and place from Form DV-109, Notice of Court Hearing, item here:
3
Hearing
Date
Room:
Dept.:
You must obey the orders in Form DV-110, Temporary Restraining Order, until the hearing. At the hearing,
the court may make restraining orders against you that could last up to 5 years and could be renewed.
4
I agree to the order requested.
a.
b
.
5
Other Protected People
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
I agree to the order requested.
a.
6
Personal Conduct Order
b
.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
Response to Request for Domestic Violence
Restraining Order
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2012, Mandatory Form
Family Code, § 6200 et seq.
This is not a Court Order.
DV-120, Page 1 of 4
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
(Domestic Violence Prevention)
d.
I ask for the following custody order (specify):
c.
I agree to pay guideline child support.
Case Number:
Response to Request for Domestic Violence
Restraining Order
Revised January 1, 2012
9
Turn In Guns or Other Firearms
If you were served with Form DV-110, Temporary Restraining Order, you must turn in any guns or firearms in
your immediate possession or control. You must file a receipt with the court from a law enforcement agency or
a licensed gun dealer within 48 hours after you received Form DV-110.
I agree to the order requested.
a.
b
.
7
Stay-Away Orders
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
I agree to the order requested.
a.
b
.
8
Move-Out Order
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
I do not own or have any guns or firearms.
a.
is attached has already been filed with the court.
I have turned in my guns and firearms to law enforcement or sold them to a licensed gun dealer.
c.
A copy of the receipt showing that I turned in or sold my firearms
d.
I agree to the order requested.
a.
b
.
10
Record Unlawful Communications Order
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
I agree to the order requested.
a.
b
.
11
Animals: Possession and Stay-Away Order
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
I agree to the order requested.
a.
b
.
12
Child Custody and Visitation Order
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
c.
I am not the parent of the child listed in Form DV-105, Request for Child Custody and Visitation Orders.
13
Child Support Order (Check all that apply):
e.
I do I do not agree to the orders requested to limit the child’s travel as listed in Form DV-108,
Request for Order: No Travel with Children.
I agree to the order requested.
a.
b
.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
You and the other parent may tell the court that you want to be legal parents of the children (use Form
DV-180, Agreement and Judgment of Parentage).
Whether or not you agree to pay support, you must fill out, serve, and file Form FL-150, Income and Expense
Declaration or FL-155, Financial Statement.
DV-120, Page 2 of 4
I ask for an exemption from the firearms prohibition under Family Code § 6389(h) because
b
.
(specify):
This is not a Court Order.
(Domestic Violence Prevention)
Case Number:
Response to Request for Domestic Violence
Restraining Order
Revised January 1, 2012
Whether or not you agree, you must fill out, serve, and file Form FL-150, Income and Expense Declaration.
18
Lawyer’s Fees and Costs
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
I request the court to order payment of my lawyer’s fees and costs.
c.
14
Property Control Order
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
15
Debt Payment Order
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
16
Property Restraint Order
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
Whether or not you agree, you must fill out, serve, and file Form FL-150, Income and Expense Declaration.
17
Spousal Support Order
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
19
Payments for Costs and Services
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
20
Batterer Intervention Program
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
21
Other Orders (see item 21 on Form DV-100)
I agree to the order requested.
a.
I do not agree to the order requested. (Specify your reasons in item 23, page 4 of this form.)
b
.
DV-120, Page 3 of 4
Amount: $
Amount: $
Item:
Out-of-Pocket Expenses
I ask the court to order payment of my out-of-pocket expenses because the temporary restraining order was
issued without enough supporting facts. The expenses are:
Item:
You must fill out, serve, and file Form FL-150, Income and Expense Declaration.
22
This is not a Court Order.
(Domestic Violence Prevention)
Case Number:
Response to Request for Domestic Violence
Restraining Order
Revised January 1, 2012
23 Reasons I do not agree to the orders requested
Explain your answers to each of the orders requested (give specific facts and reasons):
Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet
of paper and write, “DV-120, Reasons I Do Not Agree” as a title.
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Lawyer’s signature
Date:
Type or print your name
Sign your name
Date:
Lawyer’s name, if you have one
DV-120, Page 4 of 4
24
Number of pages attached to this form, if any:
This is not a Court Order.
Save This Form
Print This Form
Clear This Form
MC-025
CASE NUMBER:
SHORT TITLE:
ofPage
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
(Add pages as required)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev. July 1, 2009]
ATTACHMENT
www.courtinfo.ca.gov
to Judicial Council Form
To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished.
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
Save This Form
Print This Form
Clear This Form
I (the server) am 18 years of age or over and live in or am employed in
the county where the mailing took place. I mailed a copy of all
documents checked below to the person in :
Not be listed in items or or
of form DV-100, Request for Domestic
Violence Restraining Order.
2
4
I declare under penalty of perjury under the laws of the State of California that the information above is true and
correct.
DV-250, Page 1 of 1
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2012, Optional Form
Family Code, §§ 6324, 6340-6344
Proof of Service by Mail (CLETS)
(Domestic Violence Prevention)
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Case Number:
Fill in case number:
DV-250
Proof of Service by Mail
Name of Person Asking for Protection:
Name of Person to Be Restrained:
1
2
Notice to Server
The server must:
Be 18 years of age or over.
Mail a copy of all documents
checked in
to the person in .
•
•
•
3
5
1
4
Server’s Information
Name:
Address:
Zip:
State:City:
Telephone:
(If you are a registered process server):
Registration number:
County of registration:
6
7
DV-112, Waiver of Hearing on Denied Request for Temporary
Restraining Order
a.
FL-150, Income and Expense Declaration
c.
FL-155, Simplified Financial Statement
d.
DV-130, Restraining Order After Hearing (Order of Protection)
e.
f. Other
(specify):
Note: You cannot serve DV-100, DV-105, DV-109, or DV-110 by mail.
5
I placed copies of the documents checked above in a sealed envelope and mailed them as described below:
5
To this address:
Zip:
State:City:
Name of person served:
DV-120, Response to Request for Domestic Violence Restraining Order
b.
a.
b.
Mailed on (date):
c.
Mailed from:
d.
City:
State:
Date:
Type or print server’s name
Server to sign here
3
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
Save This Form
Print This Form
Clear This Form
DV-800-INFO/JV-252-INFO, Page 1 of 1
Judicial Council of California, www.courts.ca.gov
New January 1, 2012
(Domestic Violence Prevention/Juvenile)
DV-800-INFO/JV-252-INFO
How Do I Turn In or Sell My Firearms?
What is a firearm?
1
1
• Rifle
• Shotgun
• Assault Weapon
• Handgun
If you own or have a firearm, you must:
1
2
• Turn it in to local law enforcement or
• Sell it to a licensed gun dealer
How do I sell my firearm?
1
3
Look under “Firearms Dealers” in your local Yellow Pages or on the Internet. Make sure the dealer is licensed.
Find a licensed gun dealer in your area.
If I turn my firearm in to law enforcement, how long will they keep it?
1
5
Ask the law enforcement agency.
After I give my firearm to law enforcement, can I change my mind?
1
6
Yes. You are allowed to make one sale through a licensed gun dealer. To do this, a licensed gun dealer must present
a Bill of Sale to your local law enforcement agency. The law enforcement agency will give the licensed gun dealer
the firearm you are selling.
Do I have to pay the law enforcement agency to
keep my firearm?
1
7
You may have to pay the agency for keeping your firearm.
Contact your local law enforcement agency and ask if a fee is
charged. The agency will tell you how much you need to pay.
1
8
Call your local law enforcement agency:
[insert local information here]
Questions?
A firearm is a
How do I take my firearm to law enforcement?
1
4
Call your local law enforcement agency to ask about their procedures. Take a copy of the restraining order with
you. Go directly to the law enforcement agency. Do not go anywhere else with firearms in your vehicle!
DO:
• unload your firearm.
• put your firearm in the trunk.
• call ahead to the police
department
DO NOT:
• bring a loaded firearm to the law
enforcement agency.
• bring ammunition with the
firearm when you turn it in.
• put your firearm in a locked
glove compartment.
• bring a firearm to court.
How Do I Turn In or Sell My Firearms?
DO:
• unload your firearm.
• put your firearm in the trunk.
• leave firearm in the trunk until told
what to do by law enforcement
•call ahead to the police
department
DO NOT:
• bring a loaded firearm to the law
enforcement agency.
• bring ammunition with the
firearm when you turn it in.
• put your firearm in a locked
glove compartment.
• bring a firearm to court.
DO:
• unload your firearm.
• put your firearm in the trunk.
• leave firearm in the trunk until told
what to do by law enforcement
• call ahead to the police department
DO NOT:
• bring a loaded firearm to the law
enforcement agency.
• bring ammunition with the firearm
when you turn it in.
• put your firearm in a locked glove
compartment.
• bring a firearm to court.
Save This Form
Print This Form
To the person selling or turning in firearms:
When you sell or turn in your firearms, ask law enforcement or the
gun dealer to complete item
❹
or
❺
and item
❻
. After the form is
signed, take it to the court clerk. Keep a copy. For help, read Form DV-810.
Proof of Firearms Turned In
or Sold
DV-800/JV-252
1
Case Numbers:
Court name and street address:
Superior Court of California, County of
Clerk stamps below when form is filed.
2
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2003, Optional Form
Family Code, § 6389 et seq.
DV-800/JV-252, Page 1 of 1
Proof of Firearms Turned In or Sold
(Domestic Violence Prevention)
To: Law Enforcement To: Licensed Gun Dealer
3
Fill out parts
❹
and
❻
of this form. Keep a
copy and give the original to the person who
turned in the firearms.
The firearms listed below were turned in on:
Date: at: a.m. p.m.
To:
Name and title of law enforcement agent
Name of law enforcement agency
I declare under penalty of perjury under the laws
of the State of California that the information
above is true and correct.
➤
Signature of law enforcement agent
Fill out parts
❺
and
❻
of this form. Keep a
copy and give the original to the person who
sold the firearms to you.
The firearms listed below were sold on:
Date: at: a.m. p.m.
To:
Name of licensed gun dealer
()
License number Telephone
Address
I declare under penalty of perjury under the laws
of the State of California that the information
above is true and correct.
➤
Signature of licensed gun dealer
Protected person’s name:
Your name (restrained person):
Your address
(skip this if you have a lawyer): (If you want your address to be
private, give a mailing address instead):
City: State: Zip:
Your phone #
(optional): ()
Your lawyer
(if you have one): (Name, address, phone #, and State Bar #):
6
4 5
Firearm Make Model Serial #
1.
2.
3.
Check here if more firearms. Attach a sheet of paper and write “DV-800, Item 6 — Firearms Turned In or Sold” at the top.
Include make, model and serial # for all other firearms.
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DV-120-INFO How Can I Respond to a Request (The Superior Court of California - County of Orange)

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Completed 8 February 2021

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