Fillable Form 2: DV-400-INFO How Do I Ask to (California)

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Form 2: DV-400-INFO How Do I Ask to (California)

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What forms do I fill out to ask to change or end the Restraining Order After Hearing?
To ask for an order to change or end your Restraining Order After Hearing (form DV-130):
To ask to change the child custody or visitation (parenting time) orders, you may need some of these forms:
If you plan on having witnesses testify at the hearing, you will need:
g. Additional forms you may need are described on pages 3 and 4 of this information sheet.
To ask the court to make orders for attorney’s fees and costs, you need:
To ask the court to change the child support orders made in form DV-130, you need:
To ask the court to change the spousal or partner support orders (or orders about your finances), you need:
a.
b.
FL-105, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
FL-311, Child Custody and Visitation (Parenting Time) Application Attachment
FL-312, Request for Child Abduction Prevention Orders
FL-341(C), Children’s Holiday Schedule Attachment
FL-341(D), Additional Provisions—Physical Custody Attachment
FL-341(E), Joint Legal Custody Attachment
c.
A current form FL-150, Income and Expense Declaration. You may use form FL-155, Financial Statement
(Simplified), instead of form FL-150 if you meet the requirements listed on page 2 of form FL-155.
d.
A current form FL-150, Income and Expense Declaration
e.
A current form FL-150, Income and Expense Declaration
FL-319, Request for Attorney’s Fees and Costs Attachment (or provide the information in a declaration)
FL-158, Supporting Declaration for Attorney’s Fees and Costs (or provide the information in a declaration)
f.
FL-321, Witness List
Form Approved for Optional Use
Judicial Council of California
www.courts.ca.gov
New July 1, 2016
DV-400-INFO, Page 1 of 4
How Do I Ask to Change or End a Domestic
Violence Restraining Order After Hearing?
DV-400-INFO
How Do I Ask to Change or End a Domestic Violence
Restraining Order After Hearing?
Who can ask the court to change or end the Restraining Order After Hearing?
The Protected Party or the Restrained Party can ask to modify (change) or terminate (end) the restraining orders
issued in Restraining Order After Hearing (form DV-130
) before the orders expire.
What orders can be changed or ended?
The restraining orders that protect persons from violence or threat of violence by others (for example, the no
contact, stay-away, move out, recording of unlawful communication orders);
The list of persons protected by the orders;
Child custody, child visitation (parenting time), or child support orders; and
Spousal or domestic partner support orders.
If I ask to end the restraining order, can I keep child custody, visitation, or support orders?
A restrained party must not violate the restraining order to contact the protected party. There are strict requirements
if the restrained party asks the court to change or end the orders as described in this form.
What if the Restrained Party wants to change or end the restraining orders?
If the restraining order ends, any child custody, visitation (parenting time), support, or spousal or domestic
partnership orders will remain in effect, unless the court also changes or ends those orders.
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Fill out form FL-300, Request for Order.
A party may ask the court to change or end any of the orders made on form DV-130, including:
What if I want to respond to a request to change or end the Restraining Order?
Complete, file, and serve form FL-320, Responsive Declaration to Request for Order. See form FL-320-INFO,
Information Sheet: Responsive Declaration to Request for Order for more information.
•
•
•
•
Do not use form FL-300 to ask to renew the restraining orders in form DV-130 before they expire. Use Request
to Renew Restraining Order (form DV-700
).
•
•
New July 1, 2016
DV-400-INFO, Page 2 of 4
How Do I Ask to Change or End a Domestic
Violence Restraining Order After Hearing?
Complete form FL-300 (page 1)
Check all the boxes that apply to the orders you
want.
Caption: Complete the top part of the form,
including your name, address, telephone number,
e-mail address, and the court address.
Write the names of the parties in the caption.
If you already have a family law case, use the party
names as they are in that case. If you are the
Petitioner in that case, you will be the Petitioner on
form FL-300. If you are the Respondent in the
family law case, you will be the Respondent on
form FL-300.
•
If you do not already have a family law case, list
yourself as the Petitioner on form FL-300 if you are
the Protected Party on the restraining order. List
yourself as the Respondent on form FL-300 if you
are the Restrained Party on the restraining order.
•
Check the “Change” box if you want to change the
order. Below that, indicate the orders that you want
to change; for example, domestic violence order,
child custody, visitation (parenting time), spousal or
partner support.
Write the name of the other parties in your case.
Leave these blank. The court will complete them
if it grants the order.
In some counties, the court clerk will check item
6 and provide the details for your required child
custody mediation or recommending counseling
appointment. Other courts require the party or
the party’s attorney to make the appointment and
then complete item 6 before filing form FL-300.
Ask your court’s Family Law Facilitator or Self-
Help Center to find out what your court requires.
Leave this blank. The court clerk will fill in the
date, time, and location of the hearing.
This is a notice to the other parties in the case.
If you want to ask the court to end the domestic
violence orders, check the box for “Domestic
Violence Order.” Then, check “Other, (specify)”
and write “End restraining orders in form DV-130.”
Complete additional forms and make copies
Complete any additional forms that you need to give to
the court clerk when you file the Request for Order.
Make at least three copies of your full packet.
Leave these blank. The court will complete them
if needed.
Take them to the clerk’s office in person, mail them, or
e-file them (if available in your county). The clerk will
keep the original and give you back the copies you made
with a court date and time stamped on the first page of
the Request for Order.
File your completed forms
Note: To help schedule the hearing date, tell the clerk if
the Protected Party is registered in the Safe at Home
program. Extra time is needed for the Protected Party to
receive notice after it is served on the Secretary of State.
Filing fee
Generally, there is no fee to file a request to change or
end the orders included in
Restraining Order After
Hearing (form DV-130)
. However, after a restraining
order is ended, the court may charge a fee if a party files
a request to change the child custody, visitation, or
support orders granted in form DV-130.
Complete form FL-300 (pages 2–4)
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8
DV-400-INFO
How Do I Ask to Change or End a Domestic Violence
Restraining Order After Hearing?
Item 6:
Item 1:
Item 2:
Item 3:
Items
4–5:
Items
7–8:
Who can “serve” the documents
16
The server must be 18 years of age or older and not
be anyone protected or restrained by the orders.
Temporary Emergency (Ex Parte) Orders
(nondomestic violence restraining orders)
By law, the court CANNOT grant a Restrained
Party’s request for temporary emergency orders to
change or end the restraining orders before the
noticed court hearing. However, the Restrained
Party may seek a court order for a shorter time
until the hearing or for a shorter time to serve the
request on the Protected Party.
•
•
A request for temporary emergency orders must
involve an immediate danger or irreparable harm
to a party or children in the case, or an immediate
loss or damage to property.
•
Ask your court’s family law facilitator or self-help
center to explain procedures for requesting
temporary emergency orders at your court, and
follow those procedures.
When personal service is required
A Restrained Party’s request to change or end
restraining orders must always be personally
served (hand-delivered) on the Protected Party,
unless the court allows another method.
Serve the Request for Order documents
The other party must be “served” with a:
You cannot serve the papers. The server can be a
friend, a relative who is not involved in your case,
a sheriff, or a professional process server. If serving
by mail, the server must live or work in the county
where the mailing took place.
The court granted temporary emergency (ex
parte orders) that start before the hearing date.
Note: Special procedures apply for personal
service on a Protected Party who has a
confidential address with the Secretary of
State’s Safe at Home program.
For more
information,
go to
www.sos.ca.gov/registries/
safe-home/applicants-and-participants/
program-policies/#child-custody.
When service by mail is permitted
A Protected Party’s Request for Order to
change or end the restraining orders in form
DV-130 may be served on the restrained party
by mail.
Requests by either party only to change
temporary orders in form DV-130 for child
custody or visitation (parenting time), support,
financial, or other orders (NOT protective
orders), may be served by mail.
General information about “service”
“Service” is the act of giving your legal papers to
all persons named as parties in the case so that they
know: what orders you are asking for; whether
temporary emergency orders were made before the
hearing; the date, time, and location of the hearing;
and how to respond to your request.
Requests made by either party only to change
“permanent” or “final” orders for child custody
and visitation (parenting time), or child support
in form DV-130 may be served by mail if an
Address Verification is included (see form
FL-334 at courts.ca.gov/documents/fl334.pdf
).
Service deadlines
Unless the court orders a different deadline:
Personal service (hand-delivery) must be completed
at least 16 court days before the hearing.
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Service by mail must be completed at least 16 court
days, PLUS five calendar days, before the hearing if
service is done within the state.
To address emergencies, courts can sometimes
grant a party’s request for temporary emergency
orders with or without notice to the other party
before the court hearing. The temporary orders last
until the day of the hearing.
NOTE: For questions about serving form FL-300,
talk with a lawyer or contact your Family Law
Facilitator or Self-Help Center http://www.courts.
ca.gov/1083.htm.
•
•
•
•
Copy of the Request for Order and all the other
forms and attachments filed with the court clerk.
Copy of any temporary emergency orders granted.
Blank form FL-320, Responsive Declaration to
Request for Order
Blank form FL-150, Income and Expense
Declaration (if you served form FL-150 or
FL-155).
DV-400-INFO
How Do I Ask to Change or End a Domestic Violence
Restraining Order After Hearing?
New July 1, 2016
DV-400-INFO, Page 3 of 4
How Do I Ask to Change or End a Domestic
Violence Restraining Order After Hearing?
Server must complete a Proof of Service
After the forms are personally served, the server
must complete a proof of personal service and give
it to you. Form FL-330, Proof of Personal Service
may be used for this purpose. Give the server form
FL-330-INFO, Information Sheet for Proof of
Personal Service” for instructions.
File the Proof of Service before your
hearing
Have the other party personally served with a
copy of the filed orders made on form DV-130 or
form DV-400, unless the court orders another
method of service or the other party was served at
the hearing,
Keep one copy with you and another in a safe
place in case you need to show it to the police.
The court will send the filed, amended form
DV-130 or form DV-400 and proof of service to
law enforcement for you. That way police across
the state and the nation will know the order has
changed or ended.
File the Proof of Service
The server must complete a proof of personal
service, such as form FL-330, Proof of Personal
Service. Make three copies.
Get the order entered into the
statewide Restraining Order Registry
If you need protection in the future,
you can always go back to court and
ask for a restraining order.
Ask the court clerk about free or low-cost legal
help.
Need more help?
Serve the court order
Make three copies of the proof of service. Give the
original and copies to the court clerk as soon as
possible (or e-file them) before your hearing.
The clerk will keep the original and give you back
the copies stamped “Filed.” Bring a copy stamped
“Filed” to your hearing. The filed Proof of Service
shows the judge that the person received a copy of
the Request for Order and all other documents or
attachments.
If the judge changes (amends) the orders, fill
out a new form DV-130
, Restraining Order
After Hearing that shows the changed orders
orders.
Find more information about preparing for your
hearing at
http://www.courts.ca.gov/1094.htm.
Get ready for your hearing
Take at least three copies of your filed forms to the
hearing, including the proof of service. At the
hearing, the judge will decide whether to change or
end the restraining orders.
Go to the court hearing
What if the judge changes or ends the
restraining order at the hearing?
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After the judge signs the order, the clerk will
file the original and and give you three stamped
copies.
If the judge ends the restraining order, give the
court form DV-400, Findings and Order to
Terminate Restraining Order After Hearing.
Complete only items 1 and 2, and give the court
three copies.
Give the court three copies of the proposed
amended order.
If service was by mail, the server may use form
FL-335, Proof of Service by Mail. Give the server
form FL-335-INFO, Information Sheet for Proof of
Service by Mail for instructions.
Check the “Amended” box on the top of the
form. The court will write the number of the
amendment on the form. For example, if it is
the first time the order is changed, the court
will write “1st” before the word “Amended.”
The original proof of personal service must then
be filed with the court clerk. The clerk will file
the original and give you back the copies you sent
to the clerk stamped “Filed.”
For a referral to a local domestic violence or
legal assistance program, call the National
Domestic Violence Hotline at 1-800-799-7233
(TDD: 1-800-787-3224). It is free and private.
They can help in more than 100 languages.
DV-400-INFO
How Do I Ask to Change or End a Domestic Violence
Restraining Order After Hearing?
New July 1, 2016
DV-400-INFO, Page 4 of 4
How Do I Ask to Change or End a Domestic
Violence Restraining Order After Hearing?
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Form 2: DV-400-INFO How Do I Ask to (California)

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