Fillable Form 1: DV-505-INFO How Do I Ask For (California)

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Form 1: DV-505-INFO How Do I Ask For (California)

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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.
Use this form as a checklist.
(Look at the numbers at the top of your forms.)
How Do I Ask For a Temporary Restraining Order?
DV-505-INFO
Judicial Council of California
www.courts.ca.gov
Revised July 1, 2016
DV-505-INFO, Page 1 of 3
* Read Which Financial Form—FL-155 or FL-150? (form DV-570) to know which one is right for you.
How Do I Ask for a Temporary Restraining Order?
(Domestic Violence Prevention)
b. If you have children with the person you want protection
from, you also need these forms:
c. If you want child support or spousal/partner support, you also need form:
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):
a. For a restraining order you need these forms:
•
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.
What to do with your copies:
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.
Name of Person Asking for Ord
DV-109
Notice of Court Hea
Your lawyer in this case (if you
DV-100 Request for Domestic Violence Restraining Order
CLETS-001 (Confidential CLETS Information)
DV-109 Notice of Court Hearing
DV-110 Temporary Restraining Order
DV-105 Request for Child Custody and Visitation Orders
DV-140 Child Custody and Visitation Order
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
FL-150* Income and Expense Declaration or
FL-155* Financial Statement (Simplified)
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1
Revised July 1, 2016
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.
•
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.
"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:
Know your hearing date:
Form DV-109
Be 18 years of age or older
Not be listed in item or of form DV-100
,
Request for Domestic Violence Restraining Order.
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.
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 . 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.
Don’t serve it by mail!
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DV-505-INFO, Page 2 of 3
How Do I Ask for a Temporary Restraining Order?
(Domestic Violence Prevention)
How Do I Ask For a Temporary Restraining Order?
DV-505-INFO
After serving the orders, the server fills out and signs form DV-200, Proof of Personal Service, and gives it to
you.
•
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.
Bring a copy of form DV-115 and form DV-116 to your hearing.
File the original form DV-200, Proof of Personal Service, and bring a copy to your hearing.
•
Need help?
Which Financial Form—FL-155 or FL-150? (form DV-570)
Need more help?
•
Revised July 1, 2016
DV-505-INFO, Page 3 of 3
How Do I Ask for a Temporary Restraining Order?
(Domestic Violence Prevention)
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.
How Can I Respond to a Request for Domestic Violence Restraining Order? (form DV-120-INFO
)
The clerk has information sheets that can help you. Or you can get them at
www.courts.ca.gov/forms.
How Do I Ask the Court to Renew My Restraining Order? (form DV-700-INFO
)
•
•
•
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 Is “Proof of Personal Service”? (form DV-200-INFO
)
How to Enforce Your Restraining Order (form DV-530-INFO
)
•
•
•
Can a Domestic Violence Restraining Order Help Me? (form DV-500-INFO
)
Get Ready for the Court Hearing (form DV-520-INFO
)
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•
How Do I Ask For a Temporary Restraining Order?
DV-505-INFO
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Completed 20 November 2020

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