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DV-520-INFO Get Ready for Your Restraining Order Court Hearing
Bring evidence or witnesses to your court
hearing
If you have evidence or witnesses, read the information
below. Bringing evidence or witnesses is optional and
not required. Your statements alone can be proof for
your case. If you are the person asking for the
restraining order you will have to convince the judge
that abuse occurred. The judge will make a decision
based on all evidence and statements made by both
sides.
• Evidence: Evidence can include pictures, emails,
medical records showing injuries, police reports, etc.
If you have evidence, you will need to make it
available to the judge and other side to see.
Sometimes the judge cannot look at or consider
certain documents. The judge will decide which
documents can be included in your case. If you are
attending court in person, bring three copies of your
written evidence, if you have not already filed and
served it on the other side. If you have evidence and
want to attend your court date by phone or
videoconference, contact your local self-help center
for information on how to share your evidence with
the judge and other side.
• Witnesses: You can ask the judge to allow witnesses
to speak at your court hearing. If you have a lot of
witnesses, you may need to complete paperwork
before your court hearing. Ask your local self-help
center for more information.
Make arrangements before your court
hearing
• If you or a witness wants to attend court
remotely (by phone or videoconference)
Check the court's website as soon as possible to see
what you need to do to attend remotely. You can
use www.courts.ca.gov/find-my-court.htm to find
your court's website.
• Court interpreter: If you need an interpreter, use
form INT-300 to request an interpreter or ask the
court clerk how you can request one. You can also
use this form to ask for an interpreter for a witness.
• Childcare: Find childcare because court may take
all morning or afternoon, even all day. Some courts
have a Children’s Waiting Room, a safe place for
children to wait while parents are in court. You can
check with your court in advance to see if this is
available.
• Support person: You can have someone attend
court with you. The person you bring cannot
speak for you but can sit next to you when your
case is called (if you attend in person). If you
attend by videoconference, your support person
can also attend with you.
• Disability accommodation: You may use form
MC-410 to request assistance. Contact the
disability/ADA coordinator at your local court for
more information.
Request for Accommodations
Assistive listening systems, computer-
assisted real-time captioning, or sign
language interpreter services are available
if you ask at least five days before the
hearing. Contact the clerk’s office or go
to www.courts.ca.gov/forms.htm for
Disability Accommodation Request (form
MC-410). (Civil Code section 54.8.)
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2023, Optional Form
Get Ready for Your Restraining Order
Court Hearing
(Domestic Violence Prevention)
DV-520-INFO, Page 1 of 4
DV-520-INFO Get Ready for Your Restraining Order Court Hearing
Tips for your court hearing
What will happen during my case?
Plan what you want to say to the judge
It may help to plan out and make notes about what you
want to say to the judge. If needed, you can use your
notes for your court hearing. Read over the court papers
in your case and write out anything else you want the
judge to know. Focus on the facts and details that
support your side of the story. Go over any papers you
received from the other side. Try to understand what
they are asking for and arguing in the case (their
allegations). If you do not agree, tell the judge. Think
about and write down how you want to defend against
their arguments
Attend early and safely
Show up or call in to your hearing early. If you are
attending online, practice using the technology, like
Zoom, before your court date. If you are late, you may
miss your case being called. If you might be late, try to
call the court right away to let courtroom staff know that
you will be late.
u If you attend in person, do not sit near or talk to the
other person. If you are afraid of the other person, tell
the officer who is in the courtroom.
u If you attend by videoconference, and you don't want
the other side to see where you are or your phone
number (if you call in), talk with an advocate about
how to safely attend using videoconference. This
may include using a virtual background or using
another phone number to call in. You can contact the
National Domestic Violence Hotline for free help.
See page 4 for information.
Follow courtroom rules
Here are some common rules:
• Put your cellphone on silent mode, if you're
attending in person.
Do not eat or drink during your hearing, except for
water.
•
• Do not wear a hat or sunglasses on your head.
• When speaking to the judge, call the judge “Your
honor” or “judge”.
• Don’t interrupt anyone who is speaking.
• Wait until it's your turn to speak and let the judge
know you want a chance to speak.
The judge will give both sides time to speak
Usually, the judge asks the person who wants the
restraining order to talk first. No matter who talks first,
you will both get a chance to speak. Attending court
can be difficult and stressful but it is important not to
talk over anyone. If you have something to say and it
is not your turn, let the person finish talking and then
ask the judge for permission to speak.
The judge will reschedule your court hearing or
make a decision
u There are a few reasons why the judge may have
rescheduled your court date. This is called a
continuance. Here are some examples:
• Person asking for the restraining order did not
serve the other side in time (by the deadline).
• The judge needs to set aside more time to hear
your case.
• If the restrained person has not filed a response
(form DV-120) and asks for more time to
prepare for the case, the judge must grant their
request if they ask for one at the first court date.
If the judge reschedules your court date, the judge
will usually extend the temporary restraining order,
if one was granted. If the judge reschedules your
court date, make sure you get a new order (form
DV-116, Order on Request to Continue Hearing).
u If the restraining order is denied, this means that the
judge has decided that there was not enough
evidence to prove that abuse happened. This means
that your restraining order case is finished and any
temporary protection expires.
u If the restraining order is granted, this means that the
judge has decided that there is enough evidence to
prove that abuse happened. You should go over the
restraining order to make sure you understand all the
orders. See the next page for information on next
steps.
Rev. January 1, 2023
Get Ready For Your Restraining Order
Court Hearing
DV-520-INFO, Page 2 of 4
DV-520-INFO Get Ready For Your Restraining Order Court Hearing
What do I do after a restraining order is
granted?
If you've had your day in court and the judge granted
you a long-term restraining order, you may have a
couple more steps to take. Make sure all steps are
completed as soon as possible. If you do not, the
police may not be able to enforce your restraining
order.
q
Protected person:
1 Your restraining order will be on form DV-130,
Restraining Order After Hearing. If you don't have
a form DV-130 that is signed by the judge, check
with the clerk to see if one was filed. If it has, ask
for a copy. If one has not been filed, you will need
to fill out:
• Form DV-130 (required).
• Form DV-140, Child Custody and Visitation
Order (required if court made orders for your
children).
• Form FL-342, Child Support Information and
Order Attachment, or form FL-343, Spousal,
Domestic Partner, or Family Support Order
Attachment, if the judge orders child support or
spousal support.
2 Turn in your completed form(s) to the court clerk.
The clerk will then give it to the judge to review
and sign. You will need to pick it up once it is
signed. Ask the court clerk when your forms will
be ready. There is no fee for turning in this form,
and you should receive some free copies.
3 Look at form DV-130 to see if the judge ordered
you to serve the form by mail or in person. If you
are ordered to serve the form by mail, this means
your server only has to mail a copy of the
restraining order. But, serving someone in person
is always best. When you mail court papers, it may
be hard to prove that the person actually received a
copy especially if the person moves a lot. Learn
more about service at: https://selfhelp.courts.ca.
gov/DV-restraining-order/serve-longterm-order.
q
Restrained person:
1 You must obey orders the judge makes. The
orders will be on form DV-130, Restraining
Order After Hearing. If you do not obey them,
you could be arrested, or convicted of a crime.
2 If you have any prohibited items (firearms
(guns), firearm parts, ammunition), you must
bring all items to a licensed gun dealer or police.
For more information, read form DV-800-
INFO/JV-270-INFO, How Do I Turn In, Sell, or
Store My Firearms, Firearm Parts, and
Ammunition? The information is also available
online at: www.selfhelp.courts.ca.gov/respond-
to-DV-restraining-order/obey-firearms-orders.
Free help is also available at your local self-help
center. Find your local court's self-help center at
www.courts.ca.gov/selfhelp.
Rev. January 1, 2023
Get Ready For Your Restraining Order
Court Hearing
DV-520-INFO, Page 3 of 4
DV-520-INFO Get Ready For Your Restraining Order Court Hearing
What if I have a child with the other side?
Where can I find a self-help center?
Find your local court's self-help center at
www.courts.ca.gov/selfhelp. Self-help center staff will
not act as your lawyer but may be able to give you
information to help you decide what to do in your case.
Where can I find other help?
The National Domestic Violence Hotline provides
free and private safety tips. Help is available every
day, 24 hours a day, and in over 100 languages.
Visit online at www.thehotline.org or
call 1-800-799-7233; 1-800-787-3224 (TTY).
If you ask for child custody or visitation (parenting
time) orders, the judge may have you meet with a court
professional to see if you and the other parent can agree
on parenting time. This process is called "mediation."
You can ask to meet separately and not with the other
side in your case. Ask the court staff how you can
make this request. For more information on mediation,
go to: www.selfhelp.courts.ca.gov/child-custody/what-
to-expect-mediation.
What happens if I don't attend the court
hearing?
u If you asked for a restraining order and you do not
attend the hearing, any protection you have in this
case will expire. If the other side attends the hearing
and you don't, the judge could make some orders
against you, like lawyer's fees. To get another
restraining order, you would have to fill out and file
a new set of forms. If you've changed your mind
and no longer want a restraining order, talk with
self-help center staff or a lawyer.
u If someone asked for a restraining order against you,
and you do not attend the hearing, a judge may grant
a restraining order against you without hearing your
side. The order can last for up to five years, and can
include orders regarding children or property that
you have with the person asking for protection.
Information about the court process is
also available online
https://selfhelp.courts.ca.gov/DV-restraining-order/
process.
Rev. January 1, 2023
Get Ready For Your Restraining Order
Court Hearing
DV-520-INFO, Page 4 of 4
