Domestic Violence Restraining Order

DV-100, Request for Domestic Violence Restraining Order

• Item 1:  Enter your name, age, and address where you can reliably receive mail.
  • Protect your address:  This document must be served on the restrained party.  If you don’t want them to know where you live, use a P.O. Box or another person’s address instead of your home address.
• Item 2:  Enter the restrained party’s name and identifying information.
• Item 3:  Check the box that describes your relationship to the restrained party.
  • If you don’t have one of the listed relationships, do not complete this form – you do not qualify for a Domestic Violence Restraining Order.
  • Check with the Self-Help Resource Center to see if you are eligible for another type of restraining order, such as a Civil Harassment Restraining Order.
• Item 4:  Provide details of any restraining orders that are currently in place (or have expired in the last 6 months), and any court cases you have with the restrained party.
• Items 5 through 7:  In these sections, describe how the restrained party has abused you, starting with the most recent abuse.
• Item 8:  If you are asking the court to protect your children, family, or other household members, list them in 8(b)(1) and explain why they need protection in 8(b)(2).
• Item 9:   Indicate whether the restrained party has any firearms or ammunition.
• Items 10 through 22:  In these sections, check the box for any specific orders you want the court to make in addition to the restraining order.
  • Item 15, Child Custody and Visitation:  If you are requesting custody and visitation orders or orders to prevent child abduction, complete and attach the following (instructions for these forms are provided in the Optional Forms section below):
    • DV-105, Request for Child Custody and Visitation Orders
    • DV-108, Request for Orders to Prevent Child Abduction

• Items 23 through 28:  For these items, mark the box for any specific orders you want the court to make at your court date.
  • The court can order restitution for loss of earnings, out of pocket expenses (such as medical care or temporary housing), and other expenses you have incurred because of the abuse.  If you want the court to order restitution, attach receipts or bring copies to your hearing.
• Item 32:  Enter the number of additional pages you’ve attached.
  • Attach a copy of your Emergency Protective Order if one has been granted.
• Item 33:  Enter the date, your name, and sign.

DV-109, Notice of Court Hearing

• Complete Items 1 and 2 only.  The court will complete the rest of the form.

DV-110, Temporary Restraining Order

• Complete Items 1, 2, and 3 only.  The court will complete the rest of the form, but you may need to complete and attach other forms (see Item 15 below).
• Item 15:  If you are requesting custody and visitation orders or orders to prevent child abduction, complete and attach the following (instructions for these forms are provided in the Optional Forms section below):
  • DV-140, Child Custody and Visitation Order
  • DV-145, Order to Prevent Child Abduction

CLETS-001, Confidential Information for Law Enforcement

• Enter information about you, the restrained party, and the other people you want to be protected under the restraining order.

If you are requesting additional orders with your request for a Domestic Violence Restraining order, such as child custody and visitation, child support, or spousal support, complete the forms below:

DV-105, Request for Child Custody and Visitation Orders

Complete this form only if you marked Item 15 of form DV-100, indicating that you are requesting child custody and visitation orders.

• Items 1 through 3:  Enter your name, the restrained party’s name, and the relationship to the children.  List each minor child’s name and date of birth.
• Item 4:  At 4(a), indicate whether all minor children have lived together for the last 5 years. 
  • If not, complete form DV-105(A), City and State Where Children Lived (see instructions below).
  • At 4(b), list where the children have lived for the last five years, starting with their current location.  Indicate whether they lived with you and/or the restrained party.

• Item 5:  At 5(a), indicate whether there are any other court cases involving your children.  If so, provide where and when the case was filed, and the case number.
  • At 5(b), indicate whether there is a current order for child custody and visitation.
    • If so, explain what the judge ordered and why you want to change the order, and attach a copy of the current order for child custody and visitation.
  • At 5(c), if there is another parent or legal guardian besides you and the restrained party, list their name and who they are.
• Items 6 through 10:  Mark the box for the specific custody and visitation orders you want the judge to make.
  • Item 8:  Child Abduction:  If you believe the restrained party might kidnap your children, complete and attach form DV-108, Request for Orders to Prevent Child Abduction (instructions for completing this forms are provided below).
• Item 9, Child Custody:  Indicate whether you want the judge to make child custody orders.  If yes, indicate your request in regards to legal and physical custody.
• Item 10, Visitation:  Indicate whether you want the restrained party to have visitation (parenting time) with the children.
• • If you do not want the restrained party to have any visitation, mark “no” and leave the rest of this form blank.
• Items 11 through 13:   In these sections, indicate whether you want the visitation to be supervised or unsupervised.
  • At Items 12 and 13, use the chart to specify your proposed visitation plan for each day of the week, identify which parent is responsible for transportation to and from the visit, and identify the drop-off / pick up location.
• Attach to form DV-100, Request for Domestic Violence Restraining Order.

DV-105(A), City and State Where Children Lived

Complete this form only if you marked No at Item 4 of form DV-105, indicating that the minor children have not lived all together for the last 5 years.

• Item 1:  Mark the box that this form will be attached to form DV-105.
• Items 2 and 3:  Provide dates where the children lived for the last five years, starting with their current location.  Indicate who the children lived with.
• Attach to form DV-105, Request for Child Custody and Visitation Orders.

DV-108, Request for Orders to Prevent Child Abduction

Complete this form only if you marked Yes at Item 8 of form DV-105, indicating that you believe the restrained party might take the children without your permission and hide them from you. 

• Items 1 and 2:  Enter your name and the restrained party’s name.
• Item 3:  Mark the boxes indicating why you believe the restrained party might take the children.  Provide examples or reasons at 3(g).
• Items 4 through 10:  Mark the boxes for the orders you want the judge to make.
• Attach to form DV-105, Request for Child Custody and Visitation Orders.

DV-140, Child Custody and Visitation Order

Complete Items 1, 2, and 3 only if you are requesting child custody and visitation orders.  The court will complete the rest of this form.

• At the top of page 1, mark the box that this form is attached to form DV-110.
• Attach to form DV-110, Temporary Restraining Order.

DV-145, Order to Prevent Child Abduction

Complete Items 1 and 2 only if you are requesting that the judge make orders to prevent child abduction.  The court will complete the rest of this form.

• Attach to form DV-140, Child Custody and Visitation Order.

FL-150 – Income and Expense Declaration

Complete this form only if you are requesting child or spousal support orders.  If you do not have certain income or expenses, enter “$0” or “N/A”.

• You must attach copies of your last two months of pay stubs (see boxed text under Item 1 and bolded text at top of Page 2).
• Complete Items 1 through 15.

• Complete Items 16 through 20 only if your case involves child support.
  • Item 16:  Enter the number of children you share with the other parent in the case and the percentage of time each parent has.  Describe the parenting schedule.
  • Item 19:  If you have children from another relationship in your home, list their names and ages.  Indicate whether these children are with you full time or if physical custody is shared with the child’s other parent.
• Form FL-150 is not attached to any other form; it is filed separately.

Now that you’ve completed your forms, make two copies of form DV-100, Request for Domestic Violence Restraining Order, along with any attachments.  In addition, if you are requesting child support or spousal support orders, make two copies of your completed form FL-150, Income and Expense Declaration.  Bring all originals and copies to the Clerk of Court, located at Room 201 of the Visalia Courthouse, or the filing windows at the South County Justice Center in Porterville.

The Court Clerk will file the forms, send them to the judge for review, and give you back copies of form DV-100.  The judge will carefully consider your request and will grant a Temporary Restraining Order (TRO) if it appears necessary to keep you safe until the hearing, which will be set approximately three weeks from the filing date.  Generally, the judge will make a decision about the TRO within 48 business hours from the time of filing.   After the judge has made a decision, the clerk will call to let you know your paperwork may be picked up.  You will receive copies of form DV-109, Notice of Court Hearing and certified copies of form DV-110, Temporary Restraining Order.

Reviewing your Temporary Restraining Order:

To see if the court granted or denied your request for a TRO, carefully review Item 4 on form DV-109, and all of form DV-110.  If temporary orders were granted, they will remain in effect until the initial hearing.

After you get your forms back from the court, have someone serve a copy of your documents on the restrained party at least 5 calendar days before the hearing (or the amount of time listed on Item 6 of form DV-109, Notice of Hearing).  The server must be at least 18 years old and not a protected person.  For more information on service, read form DV-200-INFO, What is “Proof of Personal Service”?

Service through the Sheriff:

The Sheriff can serve the documents at no charge.  Provide two copies of each document you want the Sheriff to serve.  The Sheriff’s Civil Division is located at Room 102 of the Visalia Courthouse.  Be sure to check with their office to determine whether service was successful, and if the Proof of Service has been filed (see Step 4 below). 

Below is a summary of the forms that must be served on the restrained party:

• Forms that you filed:
  • DV-100, Request for Domestic Violence Restraining Order (with all attachments)
  • DV-109, Notice of Court Hearing
  • DV-110, Temporary Restraining Order (with all attachments)
  • FL-150, Income and Expense Declaration (only if you filed this form)
• Blank forms:
  • DV-120, Response to Request for Domestic Violence Restraining Order
  • DV-800, Receipt for Firearms, Firearm Parts, and Ammunition
  • DV-250, Proof of Service by Mail
• Blank forms only if you requested custody, visitation, or support orders
  • DV-125, Response to Request for Child Custody and Visitation Orders
  • FL-150, Income and Expense Declaration

After service, the server must complete form DV-200, Proof of Personal Service, stating what documents were served, and when and where the service took place.  The server will date, print, and sign at the bottom.  Make one copy and bring to the Clerk of Court for filing.  The Clerk will keep the original and give you back a copy.  A filed Proof of Service tells the court that the other party received the forms and was notified of the court date.  If there is no filed Proof of Service, the court may not be able to make orders.

Your court date is listed on Item 3 of form DV-109, Notice of Hearing. You may appear for this hearing in person or remotely (visit https://www.tulare.courts.ca.gov/online-services/request-remote-hearings for details on appearing remotely).  At the hearing, the court will either grant or deny your request for a restraining order, or set a further “contested” hearing where both parties can bring evidence to support their position.  If a further hearing is set and a TRO was granted, the court may extend the TRO until the next court date.  For information on how to get ready for your hearing, read form DV-520-INFO, Get Ready for Your Restraining Order Court Hearing.

If a restraining order is granted, it will be prepared on form DV-130, Restraining Order After Hearing (Order of Protection).  Read this form carefully to understand the orders the court made, and whether the restrained party must be served (see Item 32).  In addition, read form DV-530-INFO, How to Enforce Your Restraining Order, for information on how to report violations and who should receive copies of the restraining order.