DV-120-INFO Respond to a Request for Domestic Violence Restraining Order

What is a Domestic Violence Restraining Order?
It is a court order that helps protect people who have been abused or threatened with abuse.
What can a restraining order do?
The court can order the restrained person to:
Not contact or harm the protected person, including children listed as protected people
Move out of the house
Follow child custody and visitation orders
Not have any guns or ammunition
Pay child support
Judicial Council of California, www.courts.ca.gov
Revised July 1, 2014
DV-120-INFO, Page 1 of 3
Pay spousal support
How Can I Respond to a Request for
Domestic Violence Restraining Order?
(Domestic Violence Prevention)
Stay away from all protected people
Obey property orders
What are the legal requirements?
A Domestic Violence Restraining Order is available if:
A person has been abused or threatened with abuse, and
The person who was abused has a certain relationship with the person who did the abuse (married, divorced, separated,
registered domestic partnership, have a child together, dating or used to date, live together or used to live together as
more than just roommates), or are closely related (mother or mother-in-law, father or father-in-law, child or stepchild,
grandparent or grandparent-in-law, grandchild or grandchild-in-law, sister or sister-in-law, brother or brother-in-law,
stepparent, daughter-in-law or son-in-law). (See Fam. Code, § 6211).
What is abuse?
Abuse means to intentionally or recklessly cause or attempt to cause bodily injury to the protected person; or sexually
assault the protected person; or to place the protected person or another person in reasonable fear of imminent serious
bodily injury; or to molest, attack, hit, stalk, threaten, batter, harass, telephone, or contact the protected person; or to
disturb the protected person’s peace; or to destroy the protected person’s personal property. Abuse can be spoken, written,
or physical.
What if the legal requirements are not met?
There are other kinds of orders that might apply:
Civil harassment order (can be used for neighbors, roommates, cousins, uncles, and aunts)
Dependent adult or elder abuse restraining order
Workplace violence order
How do I tell my side of the story?
File Form DV-120, Response to Request for Domestic Violence Restraining Order, before the hearing date. Also, have
someone mail it to the person who asked for the order or to the person’s lawyer. This is “Service.” The person who mails
it must fill out and sign a Proof of Service by Mail (Form DV-250). File the Proof of Service with the court clerk. Keep a
copy. Then, bring a copy of your response on Form DV-120, and the filed Proof of Service (Form DV-250), to the
hearing.
What if I also have criminal charges against me?
See a lawyer. Anything you say or write, including in this case, can be used against you in your criminal case.
DV-120-INFO
How Can I Respond to a Request for Domestic Violence
Restraining Order?
Page 1/3
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