What is a Domestic Violence Restraining
Order?
It is a court order that can help protect people who have
been abused or threatened with abuse.
Judicial Council of California, www.courts.ca.gov
Revised July 1, 2016
DV-120-INFO, Page 1 of 2
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
What does the order do?
The court can order you to:
Not contact or harm the protected person, including
children or others listed as protected people
Stay away from all protected people
Who can ask for a domestic violence
restraining order?
The person requesting the order must have a relationship
with you:
I've been served with a request for domestic
violence restraining order. What do I do
now?
Read the papers very carefully. You must follow all the
orders the judge made. The Notice of Court Hearing tells
you when to appear in court. You should go to the hearing,
if you do not agree to the orders requested. If you do not
go to the hearing, the judge can make orders against you
without hearing from you.
Is there a cost to file my Response (Form
DV-120)?
No.
DV-120-INFO
How Can I Respond to a Request for Domestic Violence
Restraining Order?
Not have any guns or ammunition
Move out of the place that you share with the protected
person
Follow custody and visitation orders
Pay child support
Pay spousal support
Obey property orders
Follow other types of orders (listed on Form DV-100)
Someone you date or used to date
Married, registered domestic partners, separated,
engaged, or divorced
Someone you live or lived with (more than just a
roommate)
A parent, grandparent, sibling, child, or grandchild
related by blood, marriage, or adoption
What if I don't obey the order?
The police can arrest you. You can go to jail and pay a
fine. You must still follow the orders even if you are not
a U.S. citizen. If you are worried about your immigration
status, talk to an immigration lawyer.
How long does the order last?
If there is a Temporary Restraining Order in effect, it
will last until the hearing date. At the hearing, the judge
will decide whether to extend the order or cancel the
order. The judge can extend the order for up to five
years. Custody, visitation, child support, and spousal
support orders can last longer than five years and they do
not end when the restraining order ends.
What if I don't agree with what the order
says?
You still must obey the orders until the hearing. If you do
NOT agree with the orders the person is asking for, fill
out Form DV-120, Response to Request for Domestic
Violence Restraining Order. After you fill out the form,
file it with the court clerk and “serve” the form on the
person asking for the restraining order. “Serve” means to
have someone 18 years or older not you mail a copy to
the other party. The person who serves your form must
fill out Form DV-250, Proof of Service by Mail. After
Form DV-250 is completed, make sure it is filed with the
court clerk. You will also have a chance at the hearing to
tell your side of the story. For more information on how
to prepare for the hearing, read Form DV-520-INFO, Get
Ready for the Restraining Order Court 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.
Abuse can be physical or emotional. It can be spoken or
written.
Revised July 1, 2016
What if I do not speak English?
When you file Form DV-120, ask the court clerk if a court
interpreter is available for your hearing. If an interpreter is
not available, 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.
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 the
order is in effect. If you have a gun or other firearm in
your immediate possession or control, you must sell it to,
or store it with, a licensed gun dealer, or turn it in to a law
enforcement agency. You must also prove to the court that
you turned in or sold your gun. Read Form DV-800-
INFO, How Do I Turn In, Sell, or Store My Firearms?, for
more information.
What if I am deaf or hard of hearing?
DV-120-INFO, Page 2 of 2
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
How Can I Respond to a Request for Domestic Violence
Restraining Order?
DV-120-INFO
Do I need a lawyer?
You are not entitled to a free court-appointed lawyer for
this case but having a lawyer represent you or getting
legal advice from a lawyer is a good idea, especially if
you have children. If you cannot afford a lawyer, you can
represent yourself. There is free or low-cost help available
in every county. For help, ask the court clerk how to find
free or low-cost legal services and self-help centers in
your area. You can also get free help with child support at
your local family law facilitator's office.
office or go to www.courts.ca.gov/forms for Request for
Accommodations by Persons With Disabilities and
Response (Form MC-410). (Civ. Code, § 54.8.)
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 clerks’
Can I use the restraining order to get
divorced or terminate a 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.
What if I have children with the other
person?
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
restrictions. There may be some exceptions. Ask a
lawyer for more information.
What if I want to leave the county or state?
You must still comply with the restraining order,
including custody and visitation orders. The restraining
order is valid anywhere in the United States.
Will I see the person who asked for the
order at the court hearing?
Yes. Assume that the person who is asking for the order
will attend the hearing. Do not talk to him or her unless
the judge or that person's attorney says that you can. Any
temporary restraining order made by the court is in effect
until the end of the hearing.
What if I am a victim of domestic violence?
For a referral to a local domestic violence or legal
assistance program, call the National Domestic Violence
Hotline:
For help in your area, contact:
1-800-799-7233
TDD: 1-800-787-3224
It’s free and private.
They can help you in more than 100 languages.
[Local information may be inserted]
What if I need a restraining order against
the other person?
Do not use this form to request a domestic violence
restraining order. For information on how to file your
own restraining order, read Form DV-505-INFO. You
can also ask the court clerk about free or low-cost legal
help.
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