Fillable Form 1: DV-110 Temporary Restraining Order (FreeDivorce.Com)

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Form 1: DV-110 Temporary Restraining Order (FreeDivorce.Com)

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Full name
This order expires at the end of the hearing stated below:
DV-110, Page 1 of 6
Person in must complete items , , and only.
Description of restrained person:
Sex AgeRelationship to person in
In addition to the person named in , the following persons are protected by temporary orders as indicated in items
and (family or household members):
1 31 2
1
6
1
The court will complete the rest of this form.
Hearing Date: Time:
Relationship to protected person:
Judicial Council of California, www.courts.ca.gov
Revised July 1, 2016, Mandatory Form
Family Code, § 6200 et seq.
Approved by DOJ
Temporary Restraining Order
(CLETS—TRO)
(Domestic Violence Prevention)
Temporary Restraining Order
1
Name of Protected Person:
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:
2
Name of Restrained Person:
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:
Sex:
Address (if known):
Race:
Date of Birth:
City:
Age:
Weight: Hair Color: Eye Color:
State: Zip:
M F Height:
3
Additional Protected Persons
Check here if there are additional protected persons. List them on an attached sheet of paper and write,
“DV-110, Additional Protected Persons” as a title.
a.m. p.m.
4
This is a Court Order.
DV-110
7
Court Hearing
Case Number:
County: Expiration Date:
No information has been provided to the judge about a criminal protective order.
A criminal protective order on form CR-160, Criminal Protective Order—Domestic Violence, is in effect.
a.
The court has granted the temporary orders checked below. If you do not obey these orders, you
can be arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of
up to $1,000, or both.
You must take only personal clothing and belongings needed until the hearing and move out immediately from
b.
To the person in
DV-110, Page 2 of 6
You must not do the following things to the person in and persons in :
Contact, either directly or indirectly, in any way, including but not limited to, by telephone, mail, e-mail
or other electronic means
Take any action, directly or through others, to obtain the addresses or locations of the persons in and .
(If this item is not checked, the court has found good cause not to make this order.)
Peaceful written contact through a lawyer or process server or another person for service of Form DV-120
(Response to Request for Domestic Violence Restraining Order) or other legal papers related to a court case is
allowed and does not violate this order.
Exceptions: Brief and peaceful contact with the person in , and peaceful contact with children in , as
required for court-ordered visitation of children, is allowed unless a criminal protective order says otherwise.
Harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal
property, disturb the peace, keep under surveillance, impersonate (on the Internet, electronically or
otherwise), or block movements
1 3
3
1
1
3
a.
You must stay at least (specify): yards away from (check all that apply):
Exceptions: Brief and peaceful contact with the person in , and peaceful contact with children in , as
required for court-ordered visitation of children, is allowed unless a criminal protective order says
otherwise.
1
3
a.
c.
b.
Revised July 1, 2016
Case Number:
Criminal Protective Order
Not requested Denied until the hearing Granted as follows:
b.
(address):
Granted as follows:Denied until the hearingNot requested
Not requested Denied until the hearing Granted as follows:
5
7
6
8
2
This is a Court Order.
Personal Conduct Orders
Stay-Away Order
Move-Out Order
Temporary Restraining Order
(CLETS—TRO)
(Domestic Violence Prevention)
The person in
The persons in Home of person in
The job or workplace of person in
School of person in
1
3
Vehicle of person in
1
1
1
1
The child(ren)’s school or child care
Other (specify):
Child custody and visitation are ordered on the attached form DV-140, Child Custody and Visitation Order or
. The parent with temporary custody of the child must not remove
the child from California unless the court allows it after a noticed hearing (Fam. Code, § 3063).
You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other
firearms, or ammunition.
You must:
Sell to, or store with, a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms
within your immediate possession or control. Do so within 24 hours of being served with this order.
•
Within 48 hours of receiving this order, file with the court a receipt that proves guns have been turned in,
stored, or sold. (You may use Form DV-800
, Proof of Firearms Turned In, Sold, or Stored, for the receipt.)
Bring a court filed copy to the hearing.
•
DV-110, Page 3 of 6
Revised July 1, 2016
No Guns or Other Firearms or Ammunition
a.
c.
Property Control
Not ordered now but may be ordered after a noticed hearing.
Case Number:
b.
The court has received information that you own or possess a firearm.
Record Unlawful Communications
The person in is given the sole possession, care, and control of the animals listed below. The person in 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:
Child Support
Until the hearing, only the person in can use, control, and possess the following property:
This is a Court Order.
Care of Animals
Child Custody and Visitation
Debt Payment
The person in must make these payments until this order ends:
Pay to: For: Amount: $ Due date:
Pay to: For: Amount: $ Due date:
Granted as follows:Denied until the hearingNot requested
(specify other form):
Granted as follows:Denied until the hearingNot requested
Granted as follows:Denied until the hearingNot requested
Not requested Denied until the hearing Granted as follows:
Granted as follows:Denied until the hearing
Not requested
The person in can record communications made by you that violate the judge’s orders.
12
9
10
11
13
14
2
1
1
1
2
Temporary Restraining Order
(CLETS—TRO)
(Domestic Violence Prevention)
If the people in and are married to each other or are registered domestic partners,
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 cannot contact the
person in if the court has made a “no contact” order.)
21
1
the person in
2
the person in
2
1
Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a
court case is allowed and does not violate this order.
Property Restraint
Not requested Denied until the hearing Granted as follows:
15
16
No Fee to Serve (Notify) Restrained Person
If the sheriff serves this order, he or she will do so for free.
Judge (or Judicial Officer)
DV-110, Page 4 of 6
Revised July 1, 2016
Case Number:
Spousal Support
Not ordered now but may be ordered after a noticed hearing.
Insurance
is ordered NOT to cash, borrow against, cancel, transfer, dispose
of, or change the beneficiaries of any insurance or coverage held for the benefit of the parties, or their child(ren), if
any, for whom support may be ordered, or both.
The person in the person in
Lawyer's Fees and Costs
Not ordered now but may be ordered after a noticed hearing.
Payments for Costs and Services
Not ordered now but may be ordered after a noticed hearing.
Batterer Intervention Program
Not ordered now but may be ordered after a noticed hearing.
Other Orders
Check here if there are additional orders. List them on an attached sheet of paper and write “DV-110, Other
Orders” as a title.
Date:
This is a Court Order.
Temporary Restraining Order
(CLETS—TRO)
(Domestic Violence Prevention)
23
20
19
21
22
24
1
2
Not requested Denied until the hearing Granted as follows:
17
18
Rights to Mobile Device and Wireless Phone Account
a.
Property control of mobile device and wireless phone account
Not requested Denied until the hearing
Granted as follows:
Until the hearing, only the person in can use, control, and possess the following property:
1
Mobile device (describe) and account (phone number):
Mobile device (describe)
and account (phone number):Mobile device (describe)
and account (phone number):
Check here if you need more space. Attach a sheet of paper and write "DV-110 Rights to Mobile Device and
Wireless Phone Account" as a title.
b. Debt Payment
Not requested Denied until the hearing Granted as follows:
The person in must make these payments until this order ends:
2
Pay to (wireless service provider): Amount: $ Due date:
c.
Transfer of Wireless Phone Account
Not ordered now but may be ordered after a noticed hearing.
Instructions for Law Enforcement
This order is effective when made. It is enforceable by any law enforcement agency that has received the order, is shown
a copy of the order, or has verified its existence on the California Law Enforcement Telecommunications System
(CLETS). If the law enforcement agency has not received proof of service on the restrained person, and the restrained
person was not present at the court hearing, the agency shall advise the restrained person of the terms of the order and
then shall enforce it. Violations of this order are subject to criminal penalties.
DV-110, Page 5 of 6
Revised July 1, 2016
Case Number:
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 from you.
•
Child Custody, Visitation, and Support
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 a parent's paycheck. Child support can be a lot of money, and usually you have to pay until
the child is age 18. File and serve a Financial Statement (Simplified) (form FL-155) or an Income and Expense
Declaration (form FL-150) if you want the judge to have information about your finances. Otherwise, the court may
make support orders without hearing from you.
•
Spousal support: File and serve 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 from you.
•
This is a Court Order.
Service of Order by Mail
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, other 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 or store with a licensed gun dealer or turn in
to a law enforcement agency any guns or other 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 while the order is in
effect.
If the judge makes a restraining order at the hearing, which has the same orders as in this form, you will get a copy of that
order by mail at your last known address, which is written in . If this address is incorrect, or to find out if the orders
were made permanent, contact the court.
2
It is a felony to take or hide a child in violation of this order.
If You Do Not Obey This Order, You Can Be Arrested And Charged With a Crime.
•
•
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 jail or prison and/or pay a fine.
•
Warnings and Notices to the Restrained Person in
2
Temporary Restraining Order
(CLETS—TRO)
(Domestic Violence Prevention)
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. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a
violation of Penal Code section 166 or 273.6.
DV-110, Page 6 of 6
Revised July 1, 2016
Case Number:
This is a Court Order.
—Clerk's Certificate—
I certify that this Temporary Restraining Order is a true and correct copy of the
original on file in the court.
Clerk’s Certificate
[seal]
Clerk, by
, Deputy
(Clerk will fill out this part.)
Date:
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 states of the 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.
3.
4.
Criminal Order: If none of the orders includes a no-contact order, a domestic violence protective order issued in a
criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the
civil restraining order remain in effect and enforceable.
Child Custody and Visitation
•
•
The custody and visitation orders are on form DV-140, items and . 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.
3 4
Conflicting Orders–Priorities for Enforcement
If more than one restraining order has been issued protecting the protected person from the restrained person, the
orders must be enforced according to the following priorities (see Pen. Code, § 136.2, and Fam. Code, §§ 6383(h),
6405(b)):
1.
2.
EPO: If one of the orders is an Emergency Protective Order (form EPO-001), and it is more restrictive than other
restraining or protective orders, it has precedence in enforcement over all other orders.
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).)
Temporary Restraining Order
(CLETS—TRO)
(Domestic Violence Prevention)
No-Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has
precedence in enforcement over any other restraining or protective order.
Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order has
been issued, the one that was issued last must be enforced.
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Form 1: DV-110 Temporary Restraining Order (FreeDivorce.Com)

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Completed 12 September 2021

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