Fillable Form 1: DV-109 Notice of Court Hearing (California)

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Form 1: DV-109 Notice of Court Hearing (California)

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Temporary Restraining Orders for personal conduct and stay-away orders as requested in form DV-100, Request
for Domestic Violence Restraining Order, are (check only one box below):
Notice of Hearing
A court hearing is scheduled on the request for restraining orders against the person in :
a
.
(1)
(2)
(3)
Temporary Restraining Orders (Any orders granted are attached on form DV-110.)
The court will fill out the rest of this form.
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Court fills in case number when form is filed.
Case Number:
All GRANTED until the court hearing.
All DENIED until the court hearing. (Specify reasons for denial in b, below.)
Partly GRANTED and partly DENIED until the court hearing. (Specify reasons for denial in b, below.)
DV-109
Notice of Court Hearing
Judicial Council of California, www.courts.ca.gov
Rev. September 1, 2020, Mandatory Form
Family Code § 242
Approved by DOJ
Notice of Court Hearing
(Domestic Violence Prevention)
DV-109, Page 1 of 3
1
2
3
2
4
Name of Person Asking for Order:
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.)
Firm Name:
Your lawyer in this case (if you have one):
Name:
State Bar No.:
Telephone:
Address:
Fax:
E-Mail Address:
Zip:State:City:
Name of Person to Be Restrained:
Reasons for denial of some or all of those personal conduct and stay-away orders as requested in form DV-100,
Request for Domestic Violence Restraining Order, are:
b
.
(1) The facts as stated in form DV-100 do not show reasonable proof of a past act or acts of abuse. (Family
Code, §§ 6320 and 6320.5.)
(2)
(3)
Further explanation of reason for denial, or reason not listed above:
The facts do not describe in sufficient detail the most recent incidents of abuse, such as what happened,
the dates, who did what to whom, or any injuries or history of abuse.
Date: Time:
Room:Dept.:
Hearing
Date
Name and address of court if different from above:
è
At least days before the hearing, someone age 18 or older—not you or anyone to be
protected—must personally give (serve) a court file-stamped copy of this form (DV-109, Notice of Court
Hearing) to the person in along with a copy of all the forms indicated below:
Service of Documents by the Person in
DV-100, Request for Domestic Violence Restraining Order (file-stamped)a.
DV-120, Response to Request for Domestic Violence Restraining Order (blank form)c.
e.
DV-120-INFO, How Can I Respond to a Request for Domestic Violence Restraining Order?
g.
d.
2
b.
DV-250, Proof of Service by Mail (blank form)
Date:
Judicial Officer
five
DV-110, Temporary Restraining Order (file-stamped) IF GRANTED
Rev.September 1, 2020
Notice of Court Hearing
(Domestic Violence Prevention)
DV-109, Page 2 of 3
1
6
Case Number:
Confidential Information Regarding Minor
a.
A Request to Keep Minor's Information Confidential (form DV-160) was made and GRANTED (see form
DV-165, Order on Request to Keep Minor's Information Confidential, served with this form.)
5
If the request was granted, the information described on the order (form DV-165, item )) must be kept
CONFIDENTIAL. The disclosure or misuse of the information is punishable as a sanction, with a fine of
up to $1,000 or other court penalties.
b.
f
.
DV-170, Notice of Order Protecting Information of a Minor, and DV-165, Order on Request to Keep
Minor's Information Confidential (file-stamped), IF GRANTED
Right to Cancel Hearing: Information for the Person in
1
At the hearing, the judge will consider whether denial of any requested orders will jeopardize your safety and the
safety of children for whom you are requesting custody or visitation.
•
You must come to the hearing if you want the judge to make restraining orders or continue any orders already
made. If you cancel the hearing or do not come to the hearing, any restraining orders made on form DV-110 will
end on the date of the hearing.
•
If item a(2) or a(3) is checked, the judge has denied some or all of the temporary orders you requested until
the court hearing. The judge may make the orders you want after the court hearing. You can keep the hearing
date, or you can cancel your request for orders so there is no court hearing.
•
If you want to cancel the hearing, use form DV-112, Waiver of Hearing on Denied Request for Temporary
Restraining Order. Fill it out and file it with the court as soon as possible. You may file a new request for orders,
on the same or different facts, at a later time.
If you want to keep the hearing date, you must have all of the documents listed in item served on the other
person within the time listed in item .
If you cancel the hearing, do not serve the documents listed in item on the other person.
•
•
•
4
4
6
6
6
7
Other (specify):
—Clerk's Certificate—
I certify that this Notice of Court Hearing is a true and correct copy of the original on file
in the court.
, Deputy
(Clerk will fill out this part.)
Date:
Request 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 hearing. Contact the clerk’s 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.)
If you want to respond in writing, mail a copy of your completed form DV-120, Response to Request for Domestic
Violence Restraining Order, to the person in and file it with the court. You cannot mail form DV-120 yourself.
Someone age 18 or older — not you — must do it.
•
•
•
Whether or not you respond in writing, go to the hearing if you want the judge to hear from you before making an
order. You may tell the judge why you agree or disagree with the orders requested. You may bring witnesses and other
evidence.
At the hearing, the judge may make restraining orders against you that could last up to five years.
To show that the person in has been served by mail, the person who mailed the form must fill out a proof of service
form. Form DV-250, Proof of Service by Mail, may be used. File the completed form with the court before the hearing
and bring a copy with you to the hearing.
1
•
Clerk’s Certificate
[seal]
•
Rev. September 1, 2020
Notice of Court Hearing
(Domestic Violence Prevention)
DV-109, Page 3 of 3
To the Person in :
2
Case Number:
2
•
If you are unable to serve the person in in time, you may ask for more time to serve the documents.
Read form DV-115-INFO, How to Ask for a New Hearing Date.
•
For information about service, read form DV-200-INFO, What Is “Proof of Personal Service”?
The court cannot make the restraining orders after the court hearing unless the person in has been personally given
(served) a copy of your request and any temporary orders. To show that the person in has been served, the person
who served the forms must fill out a proof of service form. form DV-200, Proof of Personal Service, may be used.
•
2
To the Person in :
1
2
1
•
For information about responding to a restraining order and filing your answer, read form DV-120-INFO, How Can I
Respond to a Request for Domestic Violence Restraining Order?
The judge may also make other orders about your children, child support, spousal support, money, and property
and may order you to turn in or sell any firearms that you own or possess.
Clerk, by
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Form 1: DV-109 Notice of Court Hearing (California)

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Completed 20 November 2020

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