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FORM DV-120 INSTRUCTIONS

RESPONSE TO REQUEST FOR
DOMESTIC VIOLENCE RESTRAINING ORDER (DV-120)


NOTE:
You will need a copy of the English-language Judicial Council form DV-120 to follow these instructions. Also:

 



Filling out the Caption on your form

Leave Blank. The clerk will stamp this area when the form is filed.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF” – write the name of the County where you are filing your case. Click here for location of courts.
Case Number: Write in the case number that appears on the papers you received: DV-100, DV-109, and DV-110.
Hearing Date: Write the date, time, department and room number where your court hearing will be held. (You
will find this on DV-109.)


Filling out the rest of your form

Response to Request for 
Domestic Violence Restraining Order


1.  Name of Person Asking for Protection:

Write the name of the person who asked for the restraining order (the person to be protected).


2.   Your Name:

Write your name, and - if you have an attorney, write that attorney's name, State Bar number, and the name of the law firm where he or she works.  Write the attorney's address, telephone number, fax number and email address.

If you do not have an attorney, write the P.O. box or mailing address where court papers can be delivered.  Do not give your telephone number, fax number or email address if you don't want to.


3.  Use this form to respond to the Request for Domestic Violence Restraining Order (Form DV-100)

This form lets the Person to be Restrained tell the judge his or her side of the story.  If you do not agree with what the Person to be Protected asked for on the Request for Order (Form DV-100), fill in the information you want the judge to have about this case. 

  • When the form is all filled in, make copies of it and take the original and copies to the court clerk.  The clerk will keep the original and give you back your copies with a stamp that shows you have filed the original.
  • Ask someone you know who is 18 years old or older - who is not named on any of the papers filed in this case - to mail a copy of your form to the Person to be Protected. Then asked the person who mailed this form to fill in a Proof of Service by Mail, Form DV-250.  Take the Proof of Service by Mail to the court clerk to be filed.  Bring a copy of the Proof of Service, DV-250, with you to the court hearing.

When you were given a copy of the Request for Domestic Violence Restraining Order (Form DV-100), you were probably also given a copy of the Notice of Court Hearing (Form DV-109) and of the Temporary Restraining Order (Form DV-110).

  • The Notice of Court Hearing (Form DV-109) has a box that looks very much like the one below.  Copy the information from it into this box: the date, time, department and room where your Court Hearing will take place.
  • The Temporary Restraining Order (Form DV-110) has a list of things you must obey until the Court Hearing, when the Judge will hear your side of the story.  Read this form very carefully to make sure you know exactly what you can and cannot do.
     

 

To answer the rest of these questions, make sure you have a copy of DV-100, the one the Person to be Protected filled out, in front of you. You will need it. 


4.  Relationship to Person Asking for Protection

Check this box if the Person to be Protected described your relationship by marking a box in item 4 on Form DV-100 (page 1).

  1. Check this box if you agree that your relationship with the Person to be Protected is the way it is marked on item 4 on Form DV-100 (page 1).
  2. Check this box to tell the judge that you do not agree with the way the Person to be Protected described your relationship. 

If you check box "b," then write the reasons you do not agree on page 4 of this form - in item 23.


5.  Other Protected People

Check this box if the Person to be Protected asked for an order to protect family or household members by marking the "Yes" box in item 3 on Form DV-100 (page 1).

  1. Check this box if you agree that the Restraining Order should include the people the Person to be Protected listed in item 3 on Form DV-100 (page 1).
  2. Check this box to tell the judge that you do not agree that the people the Person to be Protected listed in item 3 should be included in the Restraining Order.

If you check box "b," then write the reasons you do not agree on page 4 of this form - in item 23.


6.    Personal Conduct Order:

Check this box if the Person to be Protected asked for Personal Conduct Orders by marking the box in 6 on Form DV-100 (page 2).

  1. Check this box if you agree with the Personal Conduct Order that the Person to be Protected listed in item 6 on Form DV-100 (page 2).
  2. Check this box to tell the judge that you do not agree with the Personal Coduct Order that the Person to be Protected listed in item 6 on Form DV-100 (page 2)..

If you check box "b", then write the reasons you do not agree on page 4 of this form - in item 23.



At the top of page 2, DV-120

  Fill out the caption boxes as follows:
Case Number: Write in the case number. - (the same number as on
page 1)
   


7.    Stay-Away Orders:

Check this box if the Person to be Protected asked for Stay-Away Orders by marking the box in 7 on Form DV-100 (page 2).

  1. Check this box if you agree with the Stay-Away Orders that the Person to be Protected listed in item 7 on Form DV-100 (page 2).
  2. Check this box to tell the judge that you do not agree with the Stay-Away Orders that the Person to be Protected listed in item 7 on Form DV-100 (page 2)..

If you check box "b", then write the reasons you do not agree on page 4 of this form - in item 23.


8.    Move-Out Order:

Check this box if the Person to be Protected asked for a Move-Out Order by marking the box in 8 on Form DV-100 (page 2).

  1. Check this box if you agree with the Move-Out Order that the Person to be Protected listed in item 8 on Form DV-100 (page 2).
  2. Check this box to tell the judge that you do not agree with the Move-Out Order that the Person to be Protected listed in item 8 on Form DV-100 (page 2)..

If you check box "b", then write the reasons you do not agree on page 4 of this form - in item 23.


9.    Turn in Guns or Other Firearms:

You must check this box whether or not you have any guns or firearms.

The law says that no one is allowed to own or have any guns or other firearms if they are restrained by a court order because of domestic violence. This means you cannot own, have, buy, borrow, or be given any guns or firearms while the restraining order is in effect. If you are caught with a gun or firearm, you can go to jail and/or be fined $1,000. Check all of the boxes that apply to you.

  1. Check this box if you do not own, control, or have guns or firearms of any kind.
  2. Check this box if you are asking the court to allow you to have a gun because you have a very special need, such as you are required to carry a gun for your work.  If this is the case, write the reason you need a gun on the line after (specify).
  3. Check this box if you have turned in your guns to the police or to a licensed gun dealer.
  4. Check this box if you have a receipt showing that you have already turned in any guns or firearms that you own, have, or control. Check whether you are attaching a copy of that receipt, or if you have already filed the receipt with the court.

NOTE: You must file a receipt showing that you have turned in all your guns or other firearms with the court no later than 48 hours after you receive (are served) Temporary Restraining Order and Notice of Hearing (Form DV-110).

If you have already filed the receipt with the court, complete and file Proof of Firearms Turned in or Sold (Form DV-800).


10.   Record Unlawful Communications Order

Check this box if the Person to be Protected asked for the right to record communications with you by marking the box in 10 on Form DV-100 (page 3).

  1. Check this box if you agree with the Record Unlawful Communications Order that the Person to be Protected listed in item 10 on Form DV-100 (page 3).
  2. Check this box to tell the judge that you do not agree with the Record Unlawful Communications Order that the Person to be Protected listed in item 10 on Form DV-100 (page 3)..

If you check box "b", then write the reasons you do not agree on page 4 of this form - in item 23.
 

11.    Animals: Possession and Stay-Away Order

    a. Check this box if you agree with the Animals: Possession and Stay-Away Order the Protected Person asked for in item 11 on the Form DV-100 (page 3).

    b. Check this box to tell the judge that you do not agree with what the Protected Person asked for regarding this part of the restraining order.

    If you check box "b", then write the reasons you do not agree on page 4 of this form - in item 23.


12.    Child Custody and Visitation Order:

Check this box if the Person to be Protected asked for Child Custody and Visitation Orders by marking box 12 on Form DV-100 (page 3).

  1. Check this box if you agree with what the Protected Person asked for regarding this part of the restraining order.
  2. Check this box to tell the judge that you do not agree with what the Protected Person asked for regarding this part of the restraining order.

    If you check box "b", then write the reasons you do not agree on page 4 of this form - in item 23.

  3. Check this box if you do not think that you are the parent of the child or children that the Protected Person listed in Form DV-105.
  4. Check this box if you want a different child custody arrangement than the one the Protected Person listed in Form DV-105. Write what you think the court should order. Be sure to include information about who should make decisions about the child (legal custody) and where the child should live (physical custody).
  5. Check the "do" or "do not” agree box if the protected person filled out Form DV-108 trying to limit your children’s travel. 


13.    Child Support Order:

Check this box if the Protected Person asked for Child Support Orders by marking box 13 on Form DV-100 (page 3).

  1. Check this box if you agree with what the Protected Person asked for regarding this part of the restraining order.
  2. Check this box to tell the judge that you do not agree with what the Protected Person asked for regarding this part of the restraining order.

    If you check box "b", then write the reasons you do not agree on page 4 of this form - in item 23.

  3. Check this box if you do not agree with the order requested by the Protected Party, but you do agree to pay child support at the amount set by the California Guideline for child support.  If you want to know how much the child support amount would be under California guidelines, the Family Law Facilitator can help you for free.  Contact the Family Law Facilitator at the court where the hearing will be held.
NOTE: If you check this box you must fill out, serve on the protected person, and then file with the court an Income and Expense Declaration (Form FL-150) or a Financial Statement (Simplified) (Form FL-155) and attach it to this form. (Use Form DV-570 to help you figure out which of theese 2 forms is right for you.  The court's Family Law Facilitator in your county can help you fill out these forms.  For help finding the Family Law Facilitator in your county, click here.)


DV-120 continued on page 2