Courts and law enforcers in San Diego take domestic violence seriously. The law allows a victim of domestic violence to petition the court to grant a legally binding document that requires the restrained party to stay away from the victim. A domestic violence restraining order can give a domestic violence victim peace of mind that the force of the law is behind their safety and them. Whether you are filing a DVRO or facing one, you need qualified legal assistance. The legal team at Goldsman Flores Restraining Order Law Firm works diligently and aggressively to safeguard your rights and ensure you obtain the most favorable case outcome.
An Overview of a Domestic Violence Restraining Order (DVRO)
A DVRO is issued against a person you have dated or were or are in an intimate relationship with, like a domestic partner or spouse. The court can also issue a DVRO against any relative, including your sibling, parent, child, or grandparent, or even your in-laws.
The judge can issue a DVRO against any individual who may have committed abuse against you or your children. Abuse can occur in various ways, for example, someone blocking you from accessing basic needs or money or isolating you from friends or loved ones.
What a DVRO Does
Once a judge issues a DVRO to safeguard you, including your children, property, or pet animals, police officers are summoned to enforce the DVRO.
A DVRO can mandate the following:
- No contact
- Relocating from a shared home
- Keeping off the protected party by a specific distance
- Paying spousal support, for those who are married
- Not having firearms, body armor, or ammunition
- Paying child support, if you have children together
- No stalking, harassment, making threats to, or harming the protected party
The court can also grant orders regarding the custody of any child or children you have together.
How to Fill Out Domestic Violence Restraining Order Forms
You are required to complete approximately four forms when requesting a DVRO. There may also be additional forms if you are married or have children with the individual against whom you are seeking a DVRO.
Here are the different forms you should fill out:
- File your request for a DVRO—Using a form called a DV-100, you should inform the judge of the type of orders you are seeking and how your spouse or domestic partner has abused you.
- Confidential CLETS-001 —The details in this form assist law enforcement in enforcing your DVRO. The court does not use the details in this form, and the individual you intend to restrain will not receive a copy.
- Notice of court hearing (Form DV-109) —The judge will complete many of the requirements of this form. You will only need to complete the abovementioned forms.
- Temporary DVRO (Form DV-110) —The judge will complete a significant part of this form.
The next step involves completing forms tailored to specific circumstances. If you are seeking child support, parenting time, or child custody orders, you can request the judge to grant the orders by completing the relevant form(s).
Finally, check whether there exist additional forms to complete; different counties may require additional forms.
File the Request for DVRO
After you have completed filling out the papers, you should submit them to the court for the judge to review. Filing the restraining order documentation is free of charge. Here is how to bring your papers to the court
Submit the Forms to Court
Take your papers to a court that accepts the restraining order papers. You can find the court in your county by visiting Find My Court and going under Matters Served to find your local court.
You should file your forms by presenting the court clerk with two copies and the original. The judge will review your forms. The court clerk will tell you when to collect the court papers from the court.
You can also file the forms online. Visit your court's official website to learn how to file the forms. The court will send you the forms electronically.
Some courthouses have a dropbox that petitioners can use. When placing the court paperwork in the drop box, ensure you include two copies, the original, and use a rubber band or an envelope to keep the papers together. You should return to the court to collect the papers. Using the dropbox is not the best method to get the judge to review the papers, especially if you require immediate protection.
The judge can review your papers the same day. If not, you should return to the court the following day and inquire from the court clerk when to collect the papers.
You Should Analyze Your Court Papers
After receiving the papers, you should read them to know what the court ordered.
Read form DV-109 to know where and when the court date is.
If the judge signed Form DV-110, it implies that they have granted you a temporary restraining order, which remains in effect until the court date. You should always carry a copy of Form DV-110.
The judge does not grant orders, like spousal support and child support, before you have notified the restrained party of your support request. If you serve the restrained party before the court date, the court can grant the support orders. However, the judge can grant orders like a stay-away immediately. The judge grants the orders based on what you have written in your request.
Serving the Restrained Party the DVRO
To request the sheriff or marshal to serve the DVRO papers, you should have the location or address of the restrained party. If the restrained party is in custody, the marshal will serve them there. If the restrained party is in a California prison, prison officials will serve them there.
Ensure the restrained party is served promptly. After you serve them, law enforcement could arrest them for any violation of the DVRO. Serving the DVRO gives the court the authority to consider approving your request for an extended restraining order, which can remain active for up to five years. Without the DVRO service, the judge will only approve your temporary restraining order. Serving the order is a challenging task and could require multiple attempts.
The servicing process involves the following:
Completing Form SER-001
The form requests that the sheriff serve the court papers to the restrained party.
Gathering Your Documentation
You should present to the marshal or sheriff a copy of every piece of court paperwork you intend to serve to the restrained party, alongside form SER-001. It can include the following:
- Form DV-100
- Form DV-109
- Form DV-110, provided the judge granted it
- Form DV-250, which should be left blank because the restrained party should complete it.
- Form DV-120, you should also leave it blank
You might also have other forms, especially if you requested child support or custody.
Give the Paperwork to the Sheriff
You can deliver the paperwork to the sheriff physically or electronically.
Collect Your Paperwork from the Sheriff
The sheriff will provide you with paperwork once they serve the order or attempt to serve the forms.
If the sheriff served the paperwork, an officer will fill out a Proof of Service form. The form informs the judge that you served the restrained party, and the court can proceed with the case.
If the sheriff failed to serve your court papers, they should complete a form indicating that their attempts were futile and provide the times and dates they attempted to serve the restrained party. The form is known as the Declaration of Due Diligence.
Once you receive the paperwork, do the following:
- Ensure you bring the original proof of service copy to the court. Once it is filed, the clerk will stamp the form.
- Carry a copy of this form to the court date.
What to Do after Receiving a DVRO Against You
If you have received any of the following forms, it means an individual has asked the court to grant a DVRO against you:
- Temporary restraining order
- Request for a domestic violence restraining order
- Notice of court hearing
Here is what to do:
Read the Notice of the Court Hearing
The form informs you of the date and time of your court hearing. Item 3 of the form outlines the location, date, and time for the hearing. If you disagree with the DVRO against you, you should make a court appearance to tell the court why you disagree.
Read to Understand What the Protected Party is Requesting From the Court
Read the Request for Domestic Violence Restraining Order to see what the victim requested the judge to grant. If you disagree with the orders against you, you should make a court appearance to tell the court why you disagree.
If you and the protected party have a child together, the court can make orders that limit time with the minor.
Check Whether the Judge Has Made a Temporary Order Against You
Form DV-110 informs you whether the judge has granted a temporary order. Please ensure that you read and comply with all orders. Violating an order can result in your arrest or criminal charges.
If you own or have ammunition or a firearm, you should store, sell, or turn it in. You should also relinquish any body armor you may have.
Check Whether the Protected Party Requested Your Financial Support
If the protected party asked for lawyer's fees, for you to clear debts, child support, or alimony, you should fill out a form referred to as an Income and Expense Declaration. The form aims to gather information about your income and expenses. You should complete the form and attach proof of your income from the previous two months to your form.
Please avoid including or attaching sensitive details, like Social Security numbers, to the court papers. Any person who requests to see your documents at the courthouse can access them.
You can Respond to the DVRO Against You
"Respond" means notifying the court and the protected party whether you disagree or agree with their request for a DVRO and the reason(s). If you decide to communicate your decision in writing, you will need to fill out a form and submit it to the courthouse. If you decide not to respond in this way, there are no penalties involved.
Please note that anything you write in your paperwork could be utilized against you during any criminal case. Therefore, it is advisable to consult your attorney for legal advice on how you should proceed. A seasoned restraining order attorney can help navigate your case.
The response procedure involves the following:
Completing form DV-120
First, you should fill out form DV-120 (Response to Request for Domestic Violence Restraining Order).
Compile any evidence in your possession, including text messages and photographs. If you require additional time to collect your evidence, you should inform the judge during your court hearing.
If the protected party is requesting child visitation or custody, you should complete form DV-125
If the protected party requests lawyer's fees or support, you should complete the Income and Expense Declaration form.
Avoid attaching a copy of the previous year’s taxes. Instead, bring one, if available, to the court date.
File your Forms at the Courthouse
There is no fee for filing your forms.
When filing the forms at the court, please print two extra copies of each form. You should take two copies and the original to the court mentioned on the paperwork that the protected party served you. At the court, give the relevant paperwork to the clerk. The court clerk will remain with the original and stamp the copies before returning them to you.
Filing the Forms Online
You may file the paperwork online, also known as e-filing.
Serving the Response to a DVRO
Serving a response to a domestic violence restraining order involves the following:
Select the Person to Serve the Response
Another individual, different from you, can serve the DVRO by mailing the court documents to the restrained party.
When selecting a server, choose someone who is at least 18 years old and not involved in the case or any person affected by the DVRO.
The server may be an individual you know personally. You can also employ the services of a professional server.
Have the Server Mail Your Paperwork
The server will mail to the restrained party the following:
- Form DV-120 (Copy of your response)
- Any other documentation that you filed with the court (for instance, DV-125 and FL-150, if it applies to your circumstances).
If the restrained party has an attorney, mail the paperwork to their legal counsel. Notify the server to cite the date of sending the documents. The server requires this information to complete form DV-250 (Proof of Service).
Avoid using certified mail; instead, send via first-class mail. Certified mail requires obtaining the restrained party's signature, which can be challenging.
Ask the Server to Fill Out Form DV-250
Your server should complete this form, and it can be helpful to give them the court and case details. Your server should then enter the details about when, where, and how they mailed your papers. You must include their signature and date on your form.
Copying and Filing Form DV-250
You should print a copy of this form and file the original plus the copy with the courthouse where you filed your Response form. The court will then append its signature and return the copy to you.
Ensure that you carry the copy to the court date.
How to End or Change a DVRO
If you intend to modify or end a DVRO that is still active, you should do the following:
Complete all Reveat Forms
You should complete form DV-300 to inform the judge of your specific needs and the reason(s).
You should fill out items 2 and 1 on form DV-310. The court will complete the remaining parts.
Complete Child Visitation and Custody Forms
When requesting a modification of your child visitation or custody orders granted through a DVRO, you should fill out form DV-305 that addresses child matters.
Your attorney can assist you with filling out the form.
Print Out Copies of the Forms
Make three copies of each form, two for you and one for the other party. The court will retain the original copy.
File the Forms
After you have completed your forms, submit the copies and the original to the court clerk. The clerk will retain the original and return the copies to you once they have stamped the court date and time on the front page of each form.
Filing the forms is free.
Prepare for the Court Hearing as the Restrained Party
When attending court hearings, ensure the following:
Plan in Advance
Court hearings can sometimes consume the entire morning, afternoon, or even an entire day. Certain courts have waiting areas for children, safe spaces where minors wait for their parents to finish with the court. You should check with the court beforehand to know if child-friendly spaces are available.
You should also bring to court the following:
- Pen and notebook
- Notes containing what you plan on saying or asking
- Your court documentation
- Three copies of what you seek the court to review. The copies are for the three parties involved.
- Papers the other party brought to court (if any)
You are welcome to bring a friend or loved one for support. The individual can sit next to you as you present your case or are questioned regarding the DVRO.
Ensure you dress decently, as you would for an interview. Avoid wearing shorts, flip-flops, and baseball hats.
Bring Witnesses or Evidence
If there is available proof, like emails, pictures, or text messages, ensure you print out at least three copies for every piece. A copy belongs to you, the other to the judge, and the third one to the restraining party.
Witnesses help support your legal arguments; if you have any, you should tag them along during your court date.
Things to Expect at the Court Date
Things that occur at a court date include the following:
Both Parties Being Allowed to Speak
In court, the judge will allow the involved parties to speak, starting with the protected party. During the hearing, avoid talking over anyone. If you have anything you want to address and it is not your turn to speak, allow the other individual to finish talking and then ask the court for a chance to speak.
Present Your Facts to the Court
When it is your turn to speak, present your factual evidence to support the case. Your proof can consist of witnesses and documents that your attorney can help compile. The court will review your evidence, like emails, messages, and photographs of injuries. The review requires you to submit three copies of any evidence you want the court to consider. If you have any audio or video recordings, please notify your local self-help center before the court date. However, the judge might require a transcript of the recording. A transcript displays the details of the recording.
A Ruling or Decision
The judge can decide to deny or grant a DVRO during a hearing. If the judge deems that more details are necessary, they might schedule another court date.
If the court does not grant your DVRO request, the case will end. Nevertheless, the court can still determine matters related to child custody in some cases. In this case, you will be required to return to court.
If the court grants the DVRO, the protected party will be required to take additional steps, like filling out a form that the judge will sign. As a restrained party, you should adhere to all requirements imposed by the order. Otherwise, you can be taken into custody, fined, or face other legal consequences.
Find an Aggressive Lawyer Near Me
A DVRO prevents further harm, harassment, or abuse to the named protected party. Whether you have been accused of domestic violence or are the victim, you require legal assistance, advice, encouragement, and support to navigate the process. At Goldsman Flores Restraining Order Law Firm, we understand that seeing or fighting against a DVRO is complicated and emotionally challenging. We can take the time to understand your situation, provide a practical solution, and fight for your best interests and rights. Please contact us at 619-943-4400 to schedule your consultation today. Allow us to put our skills, experience, dedication, and knowledge to work for you.
