Fillable Form 1: DV-130 Restraining Order After Hearing (Order

Fill Online, Printable, Fillable, Blank Form 1: DV-130 Restraining Order After Hearing (Order Form

Use Fill to complete blank online OTHERS pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

Form 1: DV-130 Restraining Order After Hearing (Order

On average this form takes 40 minutes to complete

The Form 1: DV-130 Restraining Order After Hearing (Order form is 7 pages long and contains:

  • 0 signatures
  • 76 check-boxes
  • 123 other fields

Country of origin: OTHERS
File type: PDF

BROWSE OTHERS FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
Judicial Council of California, www.courts.ca.gov
Revised July 1, 2016, Mandatory Form
Family Code, § 6200 et seq. Approved by DOJ
This is a Court Order.
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
Full name
The orders, except as noted below, end on
Sex AgeRelationship to person in
In addition to the person named in , the following persons are protected by orders as indicated in items
and (family or household members):
Expiration Date
If no date is written, the restraining order ends three years after the date of the hearing in item (a).
(date):
•
•
If no time is written, the restraining order ends at midnight on the expiration date.
Note: Custody, visitation, child support, and spousal support orders remain in effect after the restraining order
ends. Custody, visitation, and child support orders usually end when the child is 18.
•
•
The court orders are on pages 2, 3, 4, and 5 and attachment pages (if any).
This order complies with VAWA and shall be enforced throughout the United States. See page 5.
DV-130, Page 1 of 7
at (time):
DV-130
Name of Restrained Person:
Description of restrained person:
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Clerk fills in case number when form is filed.
Case Number:
Telephone:
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:
Name of Protected Person:
Zip:State:City:
Your lawyer in this case (if you have one):
Name: State Bar No.:
Sex:
Mailing Address (if known):
Race: Date of Birth:
City:
Age:
Weight: Hair Color: Eye Color:
State:
Zip:
M F
Height:
Additional Protected Persons
1
6
7
1
Check here if there are additional protected persons. List them on an attached sheet of paper and write,
“DV-130, Additional Protected Persons,” as a title.
a.m.
p.m. or
midnight
5
1
2
3
4
Relationship to protected person:
Restraining Order After Hearing
(Order of Protection)
Amended Order
Original Order
The person in must move out immediately from (address):
Revised July 1, 2016
Hearings
The hearing was on
(date): with (name of judicial officer):
a.
The court has granted the orders checked below. Item is also an order. 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.
The people in and must return to Dept.
(date):
at (time):
b.
To the person in :
These people were at the hearing (check all that apply):
(name):
(name):
c.
The person in must not do the following things to the protected people in and :a.
Peaceful written contact through a lawyer or process server or another person for service of legal papers
related to a court case is allowed and does not violate this order.
b.
c.
The person in must stay at least (specify):
yards away from (check all that apply):
a.
b.
Case Number:
The person in
The person in
1
2
The lawyer for the person in
The lawyer for the person in
1
2
1
2
a.m. p.m.
2
9
of the court on
6
7
8
5
2
1
3
Contact, either directly or indirectly, by any means, 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 any protected persons.
(If this item is not checked, the court has found good cause not to make 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.
1
3
Stay-Away Order
2
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
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
Move-Out Order
2
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
DV-130, Page 2 of 7
No Guns or Other Firearms or Ammunition
The person in 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.
a.
9
2
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.
Personal Conduct Orders
to review (specify issues):
This is a Court Order.
Other (specify):
The court has made the necessary findings and applies the firearm relinquishment exemption under
Family Code section 6389(h). Under California law, the person in is not required to relinquish this
firearm (specify make, model, and serial number of firearm):
yards away from and not take, sell, transfer, encumber, conceal, molest, attack, strike,
The person in has the right to record communications made by the person in that violate the judge’s orders.
2
1
The person in is given the sole possession, care, and control of the animals listed below. The person in
threaten, harm, or otherwise dispose of the following animals:
Only the person in can use, control, and possess the following property:
b. The person in must:
Sell to, or store with, a licensed gun dealer, or turn in to a law enforcement agency, any guns or other
firearms within his or her 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,
sold, or stored. (Form DV-800
, Proof of Firearms Turned In, Sold, or Stored, may be used for the
receipt.) Bring a court filed copy to the hearing.
•
c.
The person in must make these payments until this order ends:
Pay to: For: Amount: $ Due date:
Pay to: For: Amount: $
Due date:
Pay to: For: Amount: $ Due date:
Check here if more payments are ordered. List them on an attached sheet of paper and write “DV-130,
Debt Payments” as a title.
Child support is ordered on the attached Form FL-342, Child Support Information and Order Attachment
Child custody and visitation are ordered on the attached Form DV-140, Child Custody and Visitation Order
or (specify other form):
Case Number:
9
10
11
12
13
14
2
The court has received information that the person in owns or possesses a firearm.
2
Record Unlawful Communications
Care of Animals
Child Custody and Visitation
Child Support
Property Control
Debt Payment
must stay at least
1
2
or (specify other form):
1
2
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
DV-130, Page 3 of 7
d.
2
The firearm must be in his or her physical possession only during scheduled work hours and during
travel to and from his or her place of employment. Even if exempt under California law, the person in
may be subject to federal prosecution for possessing or controlling a firearm.
2
This is a Court Order.
Revised July 1, 2016
The 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, the
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.)
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
person in person in
1 2
2
1
15
16
Other orders (specify):
The person in must go to and pay for a 52-week batterer intervention program and show written proof of
completion to the court. This program must be approved by the probation department under Penal Code
§ 1203.097. The person in must enroll by (date): or if no date is listed, must enroll within
30 days after the order is made. The person in must complete, file and serve Form 805, Proof of Enrollment
for Batterer Intervention Program.
If the sheriff or marshal serves this order, he or she will do it for free.
Attachment or (specify other form):
Spousal support is ordered on the attached Form FL-343, Spousal, Partner, or Family Support Order
The person in must pay the following lawyer’s fees and costs:
The person in must pay the following:
No Fee to Serve (Notify) Restrained Person
Case Number:
20
21
22
23
Spousal Support
Lawyer's Fees and Costs
Payments for Costs and Services
Batterer Intervention Program
Other Orders
Pay to: For: Amount: $ Due date:
Pay to: For: Amount: $ Due date:
2
2
Pay to: For: Amount: $ Due date:
Pay to: For: Amount: $ Due date:
Pay to: For: Amount: $ Due date:
Check here if more payments are ordered. List them on an attached sheet of paper and write “DV-130,
Payments for Costs and Services” as a title.
2
24
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
DV-130, Page 4 of 7
19
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.
1
2
The person in the person in
Insurance
This is a Court Order.
Revised July 1, 2016
18
Rights to Mobile Device and Wireless Phone Account
Property Control of Mobile Device and Wireless Phone Account
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):
Check here if you need more space. Attach a sheet of paper and write "DV-130 Rights to Mobile Device and
Wireless Phone Account" as a title.
b.
The person in must make these payments until this order ends:
2
Pay to (wireless service provider): Amount: $ Due date:
Debt Payment
a.
The court has made an order transferring one or more wireless service accounts from the person in to the
person in . These orders are contained in a separate order (Form DV-900).
c.
Transfer of Wireless Phone Account
2
1
17
2
2
•
•
All of the attached pages are part of this order.
Attachments include (check all that apply):
Certificate of Compliance With VAWA
This restraining (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.
•
Number of pages attached to this seven-page form:
Case Number:
Attached pages are orders.
27
DV-140
Other (specify):
DV-145
DV-150
FL-342 FL-343
Date:
Judge (or Judicial Officer)
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
DV-130, Page 5 of 7
This is a Court Order.
Revised July 1, 2016
c.
No information has been provided to the judge about a criminal protective order.
(List other orders on an attached sheet of paper. Write “DV-130, Other Criminal Protective Orders” as a title.)
a.
Case Number:
County:
Expiration Date:
26
Criminal Protective Order
Form CR-160, Criminal Protective Order—Domestic Violence, is in effect.
b.
Case Number:
County:
Expiration Date:
Other Criminal Protective Order in effect
(specify):
Proof of service of Form DV-109 and Form DV-110 (if issued) was presented to the court. The
judge’s orders in this form are the same as in Form DV-110 except for the end date. The person in
must be served. This order can be served by mail.
Proof of service of Form DV-109 and Form DV-110 (if issued) was presented to the court. The
judge’s orders in this form are different from the orders in Form DV-110, or Form DV-110 was not
issued. The person in must be personally “served” (given) a copy of this order.
2
2
Service
a.
b.
(1)
(2)
The people in and were at the hearing or agreed in writing to this order. No other proof of service is
needed.
The person in was at the hearing on the request for original orders. The person in was not present.
1
2
1 2
25
Proof of service of Form FL-300 to modify the orders in Form DV-130 was presented to the court.
c.
The people in and were at the hearing or agreed in writing to this order. No other proof of
1 2
(1)
(2)
was not at the hearing and must be personally “served” (given) a copy
1
2
The person in
of this amended order.
service is needed.
DV-900
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.
Case Number:
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
DV-130, Page 6 of 7
This is a Court Order.
Revised July 1, 2016
Instructions for Law Enforcement
Start Date and End Date of Orders
The orders start on the earlier of the following dates:
•
•
The hearing date in item (a) on page 2, or
The date next to the judge’s signature on this page.
The orders end on the expiration date in item on page 1. If no date is listed, they end three years from the hearing date.
4
5
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. Unless the court grants an exemption, 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. Even if exempt under California law, you may be
subject to federal prosecution for possessing or controlling a firearm.
Warnings and Notices to the Restrained Person in
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.
•
Notice/Proof of Service
Law enforcement must first determine if the restrained person had notice of the orders. If notice cannot be verified, the
restrained person must be advised of the terms of the orders. If the restrained person then fails to obey the orders, the
officer must enforce them. (Fam. Code, § 6383.)
Consider the restrained person “served” (notified) if:
The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or
The restrained person was at the restraining order hearing or was informed of the order by an officer. (Fam. Code,
§ 6383; Pen. Code, § 836(c)(2).) An officer can obtain information about the contents of the order in the Domestic
Violence Restraining Order System (DVROS). (Fam. Code, § 6381(b)-(c).)
•
•
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).)
—Clerk's Certificate—
I certify that this Restraining Order After Hearing (Order of Protection) is a true and
correct copy of the original on file in the court.
(Clerk will fill out this part.)
Conflicting Orders—Priorities for Enforcement
Clerk’s Certificate
[seal]
Case Number:
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
DV-130, Page 7 of 7
Date: Clerk, by
, Deputy
If more than one restraining order has been issued protecting the protected person from the restrained person, the
orders must be enforced in the following priority (see Pen. Code, § 136.2 and Fam. Code, §§ 6383(h)(2), 6405(b)):
1.
2.
3.
4.
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.
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.
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.
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.
This is a Court Order.
Revised July 1, 2016
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.
Enforcing the Restraining Order in California
Any law enforcement officer in California who receives, sees, or verifies the orders on a paper copy, in the California
Law Enforcement Telecommunications System (CLETS), or in an NCIC Protection Order File must enforce the orders.
3
4
Print this form
Save this form
Clear this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

Form 1: DV-130 Restraining Order After Hearing (Order

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 23 February 2022

Message

View Audit Log
Print With Audit Log
Duplicate Document