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Which court forms are needed to file for a Domestic Violence Restraining Order?

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Overview

A Domestic Violence Restraining Order Domestic is for situations involving abuse from a romantic partner, or from a member of victim's household or family including a step parents or in-laws. The abuse can involve hitting, injuries or sexual violence, or a pattern of harassment or controlling behavior or even just threats to harm.

Court Forms

In order to request the court for a restraining order, the person requesting (petitioner) must file a set of forms which are the same across California. These are provided by the California court system. The forms are

 

1 Request for Domestic Violence Restraining Order (DV-100)

Purpose: This form is like a formal request asking the court for protection from domestic violence, such as hitting, threats, or harassment by someone close, like a family member or ex-partner.

Situations: It's used when someone feels unsafe due to domestic violence and needs legal protection to stay safe.

2 Temporary Restraining Order (DV-110)

Purpose: This is an urgent order meant to protect a person right away from someone who might harm them. It's like a quick safety shield until there's a full court hearing.

Situations: It's used in emergencies when immediate protection is needed, like after an incident of violence or threats.

3 Description of Abuse (DV-101)

Purpose: This form allows someone to tell the court exactly what happened—like writing down the times and details of any violence or threats they faced.

Situations: It's used to give the court a clear picture of the abuse experienced to support the request for a restraining order.

4 Notice of Court Hearing (DV-109)

Purpose: This is a formal notice sent to all involved parties, telling them about the date, time, and place of the court hearing related to the restraining order.

Situations: It's used to make sure everyone knows when and where to appear in court for the hearing about the restraining order.

5 Confidential CLETS Information (CLETS-001)

Purpose: This form collects private details about the people involved in the case, like their addresses and phone numbers. This information is kept secret and used for law enforcement purposes to ensure everyone's safety.

Situations: It's used to gather confidential information that helps law enforcement keep track of everyone involved in the case for safety reasons.

6 Request for Child Custody and Visitation Orders (DV-105)

Purpose: When a restraining order involves kids, this form asks the court to decide who the children will stay with and when the other parent can visit them.

Situations: It's used to request specific plans for the care and visits of the kids involved in a restraining order.

7 Request for Order: No Travel with Children (Domestic Violence Prevention) – (DV-108)

Purpose: This form asks the court to stop the other parent from taking the kids away on trips. It's for their safety to prevent possible harm.

Situations: It's used to prevent the other parent involved in the restraining order from traveling with the children.

8 Child Custody and Visitation Order (Domestic Violence) (DV-140 & DV-130)

Purpose: These forms are used to make a clear plan about where the kids will live and when they can see each parent if there's been domestic violence.

Situations: They're used to decide on safe living arrangements and visitation schedules for children involved in a restraining order due to domestic violence.

9 Order: No Travel with Children (Domestic Violence Prevention - DV-145)

Purpose: This court order stops the parent involved in a restraining order from taking the kids on trips to protect their safety and prevent possible harm.

Situations: It's used to restrict the parent involved in the restraining order from traveling with the children.

10 Restraining Order After Hearing (CLETS–OAH) – (DV-130)

Purpose: This order is decided by the court after a hearing on the restraining order request. It outlines the specific protections or restrictions to keep everyone safe.

Situations: It's used after a full court hearing to decide and formalize the protections or limitations ordered by the court.

11 Order on Request to Continue Court Hearing (Temporary Restraining Order) (CLETS-TRO) (Domestic Violence Prevention) (DV-116)

Purpose: This order either allows or denies the request to delay a court hearing related to a temporary restraining order. It ensures a fair process in court.

Situations: It's used when someone asks for more time before a court hearing about a temporary restraining order.

12 Proof of Personal Service (CLETS) – (DV-200)

Purpose: This document shows the court that the person involved in the case was properly given the restraining order and related court papers.

Situations: It's used to prove to the court that the other person knows about the restraining order.

13 Request for Interpreter (RI-IN007)

Purpose: When language is a barrier, this form asks the court to provide an interpreter during legal proceedings for proper understanding and communication.

Situations: It's used when someone involved in the case doesn’t speak English well and needs help understanding what’s happening in court.

 

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