Approved for Optional Use NOTICE OF MOTION AND MOTION FOR ORDER Page 2 of 2
L-1034 (Rev. July 2013) TO MODIFY OR TERMINATE RESTRAINING Code of Civ. Proc. §§ 527.6,
ORDER/INJUNCTION 527.8, 527.85, 533
Health & Safety Code §50585
INSTRUCTIONS FOR FILING AND SERVING THIS NOTICE OF MOTION
-NOT TO BE USED FOR DOMESTIC VIOLENCE-
The following information is intended only as a guideline to assist you in making your motion to the court. Delivery or mailing
of the motion to the other side is called ‘service’ of the motion. This form does not take the place of reading the required code
sections or rules of court. You are still expected to know the law that applies to your motion. It is recommended that you seek
the advice of an attorney.
1. How is notice given?
Code of Civil Procedure (CCP) section 1005 (b) states that the motion must be personally delivered to each opposing
side at least 16 court days before the hearing on the motion, OR mailed to each opposing side at least 16 court days plus
5 calendar days before the hearing on the motion. Service is extended if served outside California or the United States.
The motion must be filed with the court at least 16 court days before the hearing.
Service can only be done by an adult 18 yea rs or older who is NOT a party to the ca se. The person serving the
document must complete and sign the proof of service form located below.
2. How do I obtain the correct department, date and time for the hearing?
You can find the information on the court’s website at www.occourts.org
or contact the clerk at the Justice Center where
your case is filed. Make sure you choose a date that is within the time frame of CCP 1005.
3. Is there a filing fee for the Motion?
Yes, check the current Court fee schedule. If you cannot afford the filing fee, you may qualify for a waiver of court fees
and costs.
4. How do I obtain an Order?
You must have your proposed order prepared and ready for the judge to sign. If you are changing an existing order, use
the appropriate Judicial Council form (i.e.CH-130, WV-130, TH-130, or SV-130) and type or write the word “AMENDED”
in front of the form title (locate d at the top and the bottom of the form). Fo r example: AMENDED Civil Harassment
Restraining Order after Hearing.
If you are requesting the Court to terminate the Restraining Order, you will need to use the local Court form, L 1281,
Order to Terminate Restraining Order/Injunction.
PROOF OF SERVICE
1. At the time of service I was at least 18 years of age and not a party to this action.
2. I served this Notice of Motion and Motion for Order to Modify or Terminate Restraining Order/Injunction
as follows:
a.
Personal delivery. I personally delivered the above mentioned document as follows:
(1) Name of person served:
(2) Address where served:
(3) Date served:
(4) Time served:
b.
Mail. I deposited the above mentioned document in the United States mail, in a seale d envelope with postage fully
prepaid. The envelope was addressed as follows:
(1) Name of person served:
(2) Address:
(3) Date of mailing:
(4) Place of mailing (city and state):
(5) I am a resident of or employed in the county where this mailing took place. My residence or business address
is (specify):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: ____________________________
____ _________________________
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
For your protection and privacy, please press the Clear This Form button
after you are done printing the form.
