Domestic Violence

After the Case

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In California, if all paperwork needed for the court hearing was correctly completed and the judge made a decision, he or she will have signed a court order stating what decision was made. However...

THE CASE IS NOT COMPLETED UNTIL THE PERSON SEEKING PROTECTION
HAS FILED THE ORDER(S) AT THE CLERK'S OFFICE.

After the court hearing you have to file your Order.

It is very important that the Order(s) be filed to complete the court process and allow the Restraining Order to take effect.

Learn what to do if the restrained person does not follow the court order.

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In California, if the judge made a decision, he or she will sign a court order.

If the judge signed a Restraining Order to protect you, he or she signed the:

  • Restraining Order After Hearing (CLETS) (Form DV-130).
    This is what the police need to see to help protect you.
  • If you requested additional Orders, such as child custody and visitation, those forms will be attached to the Restraining Order.

IMPORTANT: The "Order"(s) must be filed to complete the court process and allow the Restraining Order to take effect.

To make this Restraining Order take effect:

  1. After the court hearing, make 5 photocopies of all of these papers and take them to the clerk's office so they can be stamped and filed. The court will keep the original, and return the copies to you.
  2. Next, a copy of each Order is to be served on the Restrained Person. Learn how to do this.
  3. Finally, take a photocopy of this Restraining Order and give it to your local police or sheriff's office. It will be entered into CLETS, a statewide computer system that lets police know that the court has made an order.

It is very important that you understand exactly what the judge has ordered.

  • If you get confused, you can ask a court clerk for a copy of the "minute order" for your case. This information could be helpful to you. Sometimes the "minute order" will be ready the same day, and sometimes it might take a few days. If you ask, the clerk will tell you when you can get it.

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Some of the other people who may also need a copy of the final "Restraining Order After Hearing" are:

  • The landlord.
  • Law enforcement agencies.
  • Your residence or workplace.
  • Visitation supervisor.
  • Your child's school or childcare provider;
  • Your employer.
  • Financial institutions, if one of you has an Order to have control of an account.
  • Counseling agency, if either of you are Ordered to attend counseling.
  • Health care providers or insurance companies.
  • Others that are affected by the court order.

Your restraining order is enforceable in every state, territory, or Indian reservation.

  • If you move out of California, contact law enforcement where you move to so that they know to enforce your orders. They will probably tell you to bring them a certified copy of your orders.
  • Also, provide copies to your children's new schools or daycare providers.

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Everone who needs a copy of the order must get one. This is VERY important.

If the Restrained Person WAS at the court hearing:

The restrained person can be served by mail with their copy of the Restraining Order After Hearing (Form DV-130) and all attachments, like the Child Custody and Visitation Order (Form DV-140).

If the Restrained Person WAS NOT at the court hearing the protected person must have the restrained person personally "served" by an adult who is not involved in the case.

To prove that the restrained person got a copy of the Restraining Order After Hearing:

  • If you had him or her served by mail, the person who mailed the forms must fill out the:
    • Proof of Service (by mail) (Form DV-250).
  • If you had him or her served personally, the person who served the forms must fill out the:
    • Proof of Service (in person) (Form DV-200).

You must then file this copy with the court.

NOTE: Keep a copy of your Restraining Order AND Proof of Service with you at all times. You may need to show it to the police.

You will need several copies of the Order:

  • Keep one copy of the Order AND Proof of Service in a safe place.
  • Give a copy of the Order to anyone else protected by the Order.
  • Give a copy of the Order to your local police department.
  • Give a copy to your work.
  • Gove a copy to your child's school or care provider.

Your restraining order is enforceable in every state, territory, or Indian reservation.

  • If you move out of California, contact law enforcement agency in the new place. Give them a certified copy of your orders.
  • Also, provide copies to your children's new schools or daycare providers that can help enforce the orders in your new state.

Read an information sheet called "How to Enforce Your Order" (DV-530-INFO) in English, Spanish, Chinese, Korean, or Vietnamese.

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Additional forms would have been completed and attached to the "Restraining Order After Hearing (CLETS)" (form DV-130). These would have been submitted to the court for the judge's decision. If they were granted, one copy of each is to be "served" on the restrained person.

  • Child Custody and Visitation Order (Form DV-140)
  • Supervised Visitation Order (Form DV-150)

If You Asked For Child Support Orders:

Still more forms would have been completed and attached to the "Restraining Order After Hearing (CLETS)". These also would have been submitted to the court for the judge's decision. Again, if they were granted, one copy of each is to be "served" on the restrained person.

  • Child Support Order (Form DV-160) and
  • Order/ Notice to Withhold Income for Child Support (Form FL-195)
    See the instructions for this form.

There are two informational forms, which also would have been completed and attached:

  • Notice of Rights and Responsibilities-Health Care Costs and
    Reimbursement Procedures
    (Form DV-160) -page 5
  • Information Sheet on Changing a Child Support Order (Form DV-160) -page 7

The court would also want you to complete a confidential form called:

  • Child Support Case Registry Form (Form FL-191)
NOTE: You DO NOT have to give this form to the other parent. The information is only for the court.

Get more information about Child Support, Child Custody and Visitation, or Child Custody Mediation.

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Call the police right away if the restrained person
violates ANY of the Orders.

Even if you haven't served the Orders yet, call the police.

Also:

  • Write down what happened, when, where, and the names of any witnesses.
  • Get copies of police reports.
  • If you are hurt, get copies of medical reports.
  • Get photographs taken of any injuries if you or someone else was hurt, or if there is any other damage.
  • Show the police a copy of your Orders. If the restrained person is there, ask the officer to serve the Orders. Ask the police to enter the Proof of Service into CLETS (California Law Enforcement Telecommunications System). This is a statewide computer system that lets police know that the court has made an order.

Learn what to do if the restrained person does not follow the court order.

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All Restraining Orders have a time limit.

  • Normally, the "Permanent" Restraining Order will last 5 years.

The person requesting protection can later ask the court to renew that Restraining Order, either for another 5 years or permanently, whether or not there has been any more violence or threats of violence.

  • If the person requesting protection wants a renewal, he or she should apply for it at any time in the 3 months BEFORE the original Restraining Order runs out.

Only a judge can change or cancel a Restraining Order.

If the person who asked for protection changes his or her mind -- after the hearing, but before the time limit for the Restraining Order has run out - he or she is to file forms with the court.

  • There are forms to change (modify) the Restraining Order.
  • There are other forms to drop (dismiss) the Restraining Order.

It's very important that the person who asked for protection file these forms with the court so that the restrained person is not charged with violating a court order.

  • The restrained person can also ask for the Orders to be modified.
  • The restrained person can also ask for the Orders to be dropped.

Learn what to do if the restrained person does not follow the court order.

Learn what to do if the protected person moves out of California.