What is a DVRO?
The Court offers various types of restraining orders to protect the rights and safety of individuals. One such order is a Domestic Violence Restraining Order (DVRO), which can be requested when you experience abuse from someone with whom you have a relationship.
There are several different types of actions which could constitute abuse. Abuse can be emotional. Abuse can be physical. Abuse can be in person. Abuse can be online. Abuse comes in many different shapes and sizes. If you feel that your partner or family member is stopping you from accessing money, basic items for daily needs, or keeping you isolated from your friends and family, this could constitute abuse under Family Code section 6203.
In order to file a DVRO, you must have a specific relationship to your abuser. A DVRO is a specific restraining order you may pursue with the Court when the abuser is a spouse, domestic partner, child, parent, sibling, grandparent, or current in-law. Cal. Fam Code section 6211.
Different restraining orders may be available if you’re concerned about abuse from a neighbor, landlord, an individual with whom you are not in a dating or engagement relationship or otherwise closely related to you.
Filing a DVRO is not restricted to adults. If you are 12 or older, you can file for a DVRO without your parent’s consent.
The Court may grant a restraining order with varying types of protection. Common orders include no contact, an order to not harass, a stay-away order, a move-out order, an order to remove all guns, custody and visitation orders, and an order to pay child or spousal support. The specific order will depend on the facts of the individual case and are based on the discretion of the Court. A DVRO can protect you, your children, those in your household and even your pets, from the abuser.
In a DVRO, you may request temporary use and possession of property. You may also request that the restricted party not make any changes to your health and other insurance. In addition, you may ask for permission to record all calls or communications with the restricted party. You may also request that the restrained party pay any debts owed for property, including rent, mortgage, car payments, and that the restrained party pay for anything directly caused by their abuse.
To obtain the protection of a DVRO, you will need to file several forms with the local Court. It will not cost you to file any of the forms necessary to obtain the DVRO.
If you file a temporary restraining order by the Court’s filing deadline for the day*, the Court can review your request and decide whether the Court can grant you temporary protection on that same day.
While a Court may make a decision quickly regarding a temporary protection order, the Court will set a hearing for the permanent protection order 21-25 days after the initial hearing or decision on the temporary protection order. CCP 527.6 (b)(6)(f).
You can ask for protection for yourself, your children, people that live with you, and your pets. For more information on this, please click here.
Forms
To obtain a Domestic Violence Restraining Order, you need to file forms with the court to begin the process. This section will describe the relevant forms throughout the court proceedings.
At the outset, you will need to complete and file at least six (6) forms: 1) Request for Domestic Violence Restraining Order [DV-100], 2) Confidential CLETS Information [CLETS-001], 3) Notice of Court Hearing [DV-109], 4) Temporary Restraining Order [DV-110], 5) Proposed Restraining Order After Hearing [DV-130], 6) Proposed Order on Request to Continue Hearing [FL-306]. There may be other required forms, depending on the specific facts of your matter, as later discussed in this article.
Request for Domestic Violence Restraining Order
This is form DV-100. In this form, you ask the Court what orders you are requesting that the Court to make. This is your narrative, where you can tell the Court about the abuse you have endured at the hands of your abuser.
If you have any proof- like emailed or texted threats- you can include it, by adding each exhibit in a list on form MC-025.
Confidential CLETS Information
This is form CLETS-001. This form requests information about the abuser. This information helps the officers enforce your restraining order, once a judge grants it.
Notice of Court Hearing
This is form DV-109. The Court will complete most of this form, but you must provide a clean copy to the Court. You only complete questions 1 and 2, the rest will be completed by the Court. This is an important form that will have the date, time and place of the permanent hearing. It will also indicate if the temporary DVRO was granted, denied, partially granted or denied and the reasons for the denial. Further, the form will provide instructions on how to serve the abuser, and when to serve and with what documents are to be served.
Temporary Restraining Order
This is form DV-110. Again, the Court will complete most of this form, but you must provide a clean copy to the Court. You only complete questions 1, 2, and 3, the rest will be completed by the Court. This form will indicate whether the temporary DVRO was granted or denied and what orders were granted by the Court.
Proposed Restraining Order After Hearing
This is form DV-130. This is a Court order which protects a person from the abuser. It is the restraining order after a hearing has been held, and the Court will indicate the orders it granted on this form. Again, the Court will complete most of this form, and you only need to complete questions 1, 2, and 3.
Proposed Order on Request to Continue Hearing
This is form DV-116. This form lets you know if the Court date has been rescheduled. This form will also let you know if the temporary restraining order is in effect if the matter is rescheduled. You must provide this form even if you do not intend to continue the matter.
Additional Forms
Based on the specific facts of your matter, if you are concerned about the safety of your child and requesting protection for them as well, the Court would also require that you prepare and file a Request for Child Custody and Visitation Order [DV-105] and Child Custody and Visitation Order [DV-140]. You may also file an Order to Prevent Child Abduction [DV-145].
If you are requesting child support or spousal support, the Court will also require you fill out and file an Income and Expense Declaration, form FL-150.
If you are making other requests, the Court may require additional forms.
Filing
There is no fee to file your restraining order papers. You may file your restraining order in person, or electronically.
You can follow up with your local Court to determine their filing deadlines and timeline for a DVRO.
Not all Courthouses will accept a restraining order filing. You will need to check the Court’s website to determine which Courthouse in your county accepts restraining order filings.
When you go into Court to file your forms, bring the original and two copies to the clerk. These are the forms which the judge will review.
You can also check with your local Court to see if your specific Court will allow you to file your documents online through the court’s website.
Once you receive the copy of your order, read the forms to know if the judge granted your order or denied it. A Court may grant or deny an order in part.
Form DV-109 will have a court date on it, the court location of where your hearing will take place, and whether your orders have been granted, denied, or granted/denied in part. The DV-110 will specify any orders which have been granted.
If the Court denied the restraining order, the Court would still set a hearing. You can still attend your hearing and make an argument for a long term restraining order, and the Court has the discretion to grant the long term restraining order even if they denied the temporary.
If you file your documents before the Court deadline, typically a decision is rendered the same day and you can pick up your documents the same day.
If the Court is unable to review your documents on the same day you file them because you missed the Court deadline, then you can come back to the courthouse to pick up your paperwork the next Court Day.
If you chose to e-file your documents, please follow up with your local court’s rules and procedures regarding e-filing.
Once you file your DVRO paperwork, the Court will schedule a hearing date. At the hearing, the Court can either grant or deny your request for a permanent order.
After you file a restraining order, the Court will set a hearing date. Prior to that hearing date, the opposing party is allowed to file a response. If the opposing party does not file their response ahead of the hearing, they may ask for a continuance. Pursuant to Family Code section 245, the opposing party, as a matter of right, may request one continuance from the Court to respond to your petition.
If the Court grants the continuance, your temporary restraining order will be amended by the Court to show a new date of expiration (because the originally temporary restraining order would have expired the date of your hearing).
Preparing for Your Restraining Order Hearing
To explain your situation to the Court, you should have your evidence and witnesses with you at your hearing.
Under Evidence Code section 210, relevant evidence is explained to include “evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.” But, what does that mean?
Photos
You may bring photos (and other evidence) which show the aftereffects of violence, injuries, or damage caused by the opposing party.
Messages
You may bring printouts of messages, emails, or transcripts of voicemail of the opposing party. If you intend to bring evidence that is in another language, you should bring a certified translation of the document. A certified translation is accompanied by a certificate which is signed by the translator. This certificate attests that the translations is accurate, and indicates the translation is a complete and consistent translation of the original document.
Medical Injuries
You may also bring documentation of any medical emergencies, injuries, or treatment from the abuser’s violence.
Police Report
You may bring all police reports filed against the opposing party for acts of domestic violence, however the Court may require the police officer to testify.
Generally, as a police report is made outside of Court, it is considered to be hearsay. What’s that? Pursuant to Evidence Code section 1200, hearsay is any out-of-court statement, being offered for the truth of the matter asserted. However, the hearsay rule does have several exemptions.
Evidence Code section 803, official records made during a legally authorized investigation, or if the matter is observed by law-enforcement, are admissible.
Want more information on how to obtain a police report for your case? Read this article.
Three Copies of Evidence
Whatever evidence you bring, bring three copies- one for you, one for the judge, and one for the opposing party. Some Courts will require that you file an exhibit list beforehand, please check for your local rules ahead of time.
If you have anyone who can support your case, ask them to come with you to your court date. While you may ask anyone to be a witness, they are not required to testify, absent a subpoena.
If you bring a witness, let the Court know ahead of your hearing as the Court may ask any witnesses to sit outside until it is their time to testify.
The witness will be required to testify, under oath, about what they actually saw regarding your specific matter. Some Courts will require that you file a witness list beforehand, please check for your local rules ahead of time.
Just as you are required to provide a copy of the evidence to the opposing party, opposing party must provide you with their evidence as well. Review their forms as soon as you receive them, to avoid any surprises during the hearing.
Tips on going to court
Local rules are adopted and implemented at a local level, and they govern the specific Court only. This can be any rule as simple as how to file certain documents, to rules regarding drafting documents, service, and how to conduct trials.
Check with your specific clerk and department to see what local rules they implement.
Even though this is a highly emotional time, the Court has rules in place to ensure everyone is given the best opportunity to present their matter.
This means your children cannot come into the courtroom with you, unless they are attending as a witness and permitted by the Court to testify. While some courts have a waiting room for children, it’s best to find childcare and ensure you do not need to worry about finding somewhere to have your children wait during your hearing.
Come prepared. This means dress professionally, bring a pen and paper, have all your documents in hand, with copies for the court and the opposing party.
Both parties will be given an opportunity to speak. As the party filing the restraining order, the Court will ask you to speak first as the moving party. You have this opportunity to present your case and explain the facts to the Court. Use your voice, evidence, and witnesses to let the Court know, in detail, the abuse you have endured. It is your job to ensure the Court has all the information necessary to make an informed decision on your restraining order.
If granted, you could be given protection for up to five years, pursuant to CA Family Code section 6345.
If the Court denies your request at the time of the hearing, any temporary restraining order issued would also be terminated. This does not preclude you from filing a future restraining order in the event you believe you need protection.
Types of evidence: Police Reports, Hearsay, and Exceptions
A police report is a written report made by an officer, which described an incident in which the officer was involved. These are made in the regular course of business.
Hearsay is an out of court statement offered to prove the truth of the matter asserted. What does that mean? Any statement made outside the presence of a Court is considered to be “out of court,” and is not admissible as evidence unless it falls under an exception or exemption. Why is that? The policy reason behind this rule is when a statement is made in Court, it is done so under the penalty of perjury, meaning the statement is made under the belief that an untrue statement can lead to jail time or a fine. When a statement is made outside of Court, there is a question of truthfulness, as well as a question as to what exactly was said. So, does a police report fall under an exception?
Records that are written during the regular course of business are generally admissible. As a police record is generally drafted in the regular course of business.
If an officer needs to review the police records to refresh his memory when he is testify, the records could also fall under the refreshed recollection exemption.
If the officer cannot remember the details of the incident drafted in the police record, it could fall under the past recollection recorded exception.
After Your DVRO is Granted
If the Court grants your permanent restraining order, there are still a few steps you need to take to ensure that the order is enforceable. These steps should be completed as soon as you are able to, so you have paperwork in hand to show police that the order is enforceable if the opposing party ever violates the order.
The Court will provide you with a copy of the DV-130, the Restraining Order After Hearing.
Under section 30, if it’s marked that no other proof of service is required, you do not need to follow the steps detailed below as it was already properly served.
If the order requires that you serve the restrained person, and you fail to do so, the police may not be able to enforce the order. It is crucial to carefully review your document and make sure any and all necessary steps are carried out.
Under item 30(b) on the DV-130, the Court may order you to serve by mail or in person. If the order can be served by mail, this means that you only need to have a server mail a copy of the order to the restrained person. You may be required to have the order personally served, which means a server must personally give the opposing party a copy of the order.
You cannot serve the document yourself, but you have options for service.
If you elect to have the sheriff serve the restraining order, then you need to provide a copy to the sheriff to serve. You can call the sheriff’s department in the county where you are trying to serve the restraining party to determine their requirements.
You don’t need to use the sheriff to serve your restraining order. You can choose anyone who is both 1) 18 or older and 2) not involved in your court case. It can be someone you hire to do so, or it can be someone you personally know. If you choose to hire a professional process server, there is a greater presumption of truth.
Give your server a copy of the DV-130, the Restraining Order After Hearing (Order of Protection) and any other form which might have been included in your restraining order. After your server serves the documents, they must complete the Proof of Service form, and file it with the court. This is a required step.
If the server serves in person, have them fill out the DV-200.
If the server serves by mail, have them fill out the DV-250.
And make sure you file, file, file! If the order is not filed, you may face difficulties in having law enforcement enforce the orders.
Enforcing Your Restraining Order
While the hope is that the restraining order will not be violated, it would be in your best interest to be prepared in case it is. Enforcement generally means calling the police and reporting a violation. This could result in the restrained person potentially going to jail or paying a fine.
Life can be unpredictable, and you may have a run in with the restrained person somewhere away from your home. For this reason, you should always have a copy of your DV-130 on you, and a copy in your vehicle. If you have a phone, a copy of the restraining order could also suffice if you need to show a copy to an officer.
If you’re concerned about the restrained person potentially violating the order in different locations, it’s ok to give out a copy of the restraining order. Some common places to provide a copy of the order are:
- Your child’s school
- Your child’s childcare
- Your child’s doctor
- Your employer
- The local police department
Keep vigilant, and know the order gives you the ability to call the police, and get help.
You don’t need to use the sheriff to serve your restraining order. You can choose anyone who is both 1) 18 or older and 2) not involved in your court case. It can be someone you hire to do so, or it can be someone you personally know. If you choose to hire a professional process server, there is a greater presumption of truth.
Give your server a copy of the DV-130, the Restraining Order After Hearing (Order of Protection) and any other form which might have been included in your restraining order. After your server serves the documents, they must complete the Proof of Service form, and file it with the court. This is a required step.
If the server serves in person, have them fill out the DV-200.
If the server serves by mail, have them fill out the DV-250.
And make sure you file, file, file! If the order is not filed, you may face difficulties in having law enforcement enforce the orders.
Renewals and Long-Term Restraining Orders
Has the Court granted a long-term restraining order, on form DV-130?
If so, this means you can ask the Court to renew (“extend”) the order before it expires. Whether a Court agrees to do so, is at its own discretion.
There is no fee to renew the order.
No! Orders for child custody, visitation, child support, and spousal support do not end when the restraining order expires. But, if you believe you need continued protection, you can request to renew your order.
You must request to renew the order before the expiration date. You can find the expiration date on form DV-130 or DV-730. Make sure you’re aware of when your order ends!
When to Renew
You can start the renewal process 3 months before the order expires.
How to Renew
To request a renewal of your restraining order, you need to file : 1) DV-700, Request to Renew Restraining Order, 2) DV-710, Notice of Hearing to Renew Restraining Orders (CLETS), and 3) CLETS-001, Confidential CLETS Information. When you’re filing, you’ll also need to attach a copy of your current restraining order, which will be DV-130. Attach this directly to form DV-700.
You have a few options on how to file your renewal.
In Person
You can file your forms at the courthouse. Find the specific courthouse in your county which accepts restraining orders- not all courthouses do! Once in the correct courthouse, you will give the original and two copies to the clerk. Next, a judge will review the forms. The clerk will let you know when you can pick up your documents, post court review.
Online
You can file your forms online. This is called e-filing. The information to file online can be found on your specific court’s website.
Drop Box
Some courthouses offer a drop box inside the courthouse. If your courthouse offers a drop box, you can drop off the original and 2 copies, placed inside an envelope or rubber banded together. You will need to return to pick up the documents after review.
You will be given a new court date once your documents are reviewed. The Court date can be found on the first page of DV-170. Your current order will be extended until this court date, and at the hearing, the Court will decide whether to renew your restraining order, and the duration for the renewal.
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