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DV-120-INFO How Can I Respond to a Request for Domestic Violence
Restraining Order?
I was served with form DV-100, DV-109, or
DV-110. What does this mean?
Someone has asked for a domestic violence restraining
order against you. On the forms, you are the "person
in " and the person who wants a restraining order
against you is listed in on all the forms.
1
2
Form DV-100: This form has all the orders that the
person in has asked the judge to order.
1
Form DV-109: Your court hearing (court date) is
listed on this form. You should attend the court
hearing if you do not agree to the orders requested. If
you do not attend, the judge can make orders against
you without hearing from you.
Form DV-110: If you were served with form
DV-110, it means that the judge granted a temporary
restraining order against you. You must follow the
orders.
What is a Domestic Violence Restraining
Order?
It is a court order that can help protect people who have
been abused by someone they have been intimate with, or
are closely related to. To be eligible, the person asking for
the restraining order must be:
• Someone you date or used to date
• A spouse, ex-spouse, registered domestic partner, or
ex-domestic partner
• Someone you live or lived with
(more than a roommate)
• Your parent, sibling, child, grandparent, or grandchild
related by blood, marriage, or adoption
What can a restraining order do?
A restraining order can include orders for you to:
• Not contact or harm the protected person, including
children or others listed as protected people
• Stay away from all protected people and places
• Not have any firearms (guns), firearm parts, or
ammunition. This includes homemade or
untraceable guns, like "ghost guns."
• Move out of the place that you share with the
protected person
• Follow custody and visitation orders
• Pay child support
• Pay spousal support
• Pay debt for property
• Give control of property (examples: cell phone,
car, home) to the person asking for protection.
What if I have children with the person
asking for a restraining order?
A restraining order can include orders for your children,
including listing them as protected persons. It can also
include child custody and visitation orders and orders to
limit your ability to travel with your children.
How long does the order last?
If the judge granted a temporary restraining order (form
DV-110), it will last until the hearing date. At your court
hearing, the judge will decide whether to extend the order
or cancel the order. The judge can extend the order for up
to five years. Custody, visitation, child support, and
spousal support orders can last longer than five years and
they do not end when the restraining order ends.
Judicial Council of California,
Rev. January 1, 2023
DV-120-INFO, Page 1 of 3
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
Part 3: Get ready and go to your court hearing
Your court hearing is listed on form DV-109, Notice of
Court Hearing. You have the option of attending your
hearing in-person or remotely (by phone, or
videoconference if available). For information on how to
attend your hearing remotely, go to the court's website.
Some courts may require advance notice. At the hearing,
you and the other side will have the opportunity to tell
your side of the story. For more information, read form
DV-520-INFO, Get Ready for the Restraining Order
Court Hearing. If you need more time to prepare your
case, you may ask the judge for a new court date. The
judge will decide whether to grant your request. Read
form DV-115-INFO, How to Ask For a New Hearing
Date, for more information. Note that if the judge does
give you a new court date and if there is a temporary
restraining order against you, the judge will usually
extend the temporary restraining order until the next
court date.
What if I need an interpreter?
You may use form INT-300 to request
an interpreter or ask the clerk how you can request one.
What if I have a disability and need an
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.)
What do I do next?
Part 1: Turn in or sell prohibited items
If there is a temporary restraining order against
you (see form DV-110), then you must
immediately turn in, sell, or store any
prohibited items you have or own.
Prohibited items include:
Firearms, including any handgun, rifle, shotgun, and
assault weapon
Firearm parts include any receiver, frame, or
unfinished receiver/frame
Ammunition, including bullets, shells, cartridges,
and clips
You must then prove to the court that you've complied
with the orders. Bring form DV-800/JV-270, Receipt for
Firearms, Firearm Parts, and Ammunition, to a gun
dealer or law enforcement when you turn in your items.
After DV-800/JV-270 is complete, file it with the court.
You may ask the court for information on how to turn in,
sell, or store these items in your city or county. You can
also read form DV-800-INFO/JV-270-INFO, How Do I
Turn In, Sell, Or Store My Firearms, Firearm Parts, and
Ammunition?.
Part 2: Respond in writing (optional)
"Respond" means to let the judge and the other side
know whether you agree or disagree with the request for
restraining order, and why. Responding in writing is
optional and there is no penalty if you don't. If you need
more time to prepare for your case, talk to a lawyer or
self-help center staff before you file a response.
f you want to respond in writing, complete form
DV-120, Response to Request for Domestic Violence
Restraining Order. After you complete the form, file it
with the court. There is no court fee to file this form.
Then “serve” the form on the person asking for the
restraining order. “Serve” means to have someone 18
years old or older mail a copy to the person asking for the
restraining order. You cannot be the one to mail your
papers. The person who mails your form must fill out
form DV-250, Proof of Service by Mail. After form
DV-250 is completed, file it with the court.
I
Rev. January 1, 2023
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
DV-120-INFO, Page 2 of 3
DV-120-INFO How Can I Respond to a Request for Domestic Violence
Restraining Order?
DV-120-INFO How Can I Respond to a Request for Domestic Violence
Restraining Order?
Do I need a lawyer?
It’s possible to go through this process without a lawyer.
But having a restraining order against you may have a lot
of consequences, and you may want to hire a lawyer.
If you don't hire a lawyer, you can get free help from
your court's self-help center.
What if I want to leave the county or state?
You must still comply with the restraining order,
including custody and visitation orders. The restraining
order is valid anywhere in the United States.
What if I was arrested or have criminal
charges against me?
Anything you write in your court papers or say at a
hearing for this case and for any criminal case can be
used against you. Talk to a lawyer if you have any
concerns about what you can do and say.
Where can I find a self-help center?
Free legal help is available at your court's 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,
and help you with the forms. Staff may also refer you to
other agencies who may be able to help you.
What if I don't obey the order?
The police can arrest you. You can go to jail and pay a
fine. You must still follow the orders even if you are not
a U.S. citizen. If you are worried about your immigration
status, talk to an immigration lawyer.
Can I use the restraining order to get
divorced or end a domestic partnership?
No. These forms will not end your marriage or
registered domestic partnership. You must file other
forms to end your marriage or registered domestic
partnership.
What if I have more than one restraining
order against me?
If the police are called to enforce the order, they will
need to follow the rules of enforcement (see "Priority of
Enforcement" listed on the back of form DV-110,
DV-130, and CR-160). If you have questions about any
of the orders against you, contact your local self-help
center or talk to a lawyer. Find your local court's self-
help center at:
www.courts.ca.gov/selfhelp.
What if I am a victim or survivor of domestic
violence?
The National Domestic Violence Hotline provides free
and private safety tips. Help is available in over 100
languages. Visit online at www.thehotline.org or
call 1-800-799-7233; 1-800-787-3224 (TTY).
What if I need a restraining order against
the other person?
Do not use form DV-120 to request a domestic violence
restraining order. For information on how to file your
own restraining order, read form DV-505-INFO. You
can also ask the court clerk about free or low-cost legal
help.
Information about the court process is also
available online
https://selfhelp.courts.ca.gov/respond-to-DV-
restraining-order
Rev. January 1, 2023
DV-120-INFO, Page 3 of 3
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
