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Request to Change or End a Domestic Violence Restraining Order

This page explains how to request a change or end to an existing Domestic Violence Restraining Order, including eligibility, required forms, and the court process.

General Information

The DV-300 series forms are used to request that the court change or end certain orders in an active domestic violence restraining order, which are captured on a Restraining Order After Hearing (ROAH) (either form DV-130 or JV-255).  “Active” means that the restraining order portion of the order is still in effect and has not expired.  The ROAH’s expiration date is listed on page 1 of form DV-130 or JV-255, at Item 4.

  • Both the protected party and restrained party may use the DV-300 series forms.
    • Other people protected under the active ROAH may NOT use these forms.
    • If the restrained party is the one requesting to change or end the restraining order, be aware that the judge cannot do so unless the protected party has both been served and there has been a court hearing.
  • Under Family Code § 6340, child custody, visitation, and support orders made through a domestic violence restraining order survive the expiration of the ROAH.
    • Unless the judge changes or ends these orders, they continue to remain in effect even after the ROAH expires.  See the boxed language at Item 4 of the ROAH.

When to use the DV-300 series forms:

  • Use the DV-300 series forms if:
    • The ROAH is still active, the court made orders for custody, visitation, and support, and one party wants to change or end these orders.
    • The ROAH is still active, and the protected party wants to add or remove protected people.
    • The ROAH is still active, and the restrained party wants to obtain a firearm exception as a requirement for employment.
  • Do NOT use the DV-300 series forms if:
    • The ROAH has expired, the court made orders for custody, visitation, and support, and you want to change or end these orders.  Instead, use form FL-300, Request for Order.
    • The court issued a Temporary Restraining Order (DV-110), and you want to change these temporary orders before the next hearing date.  Instead, use form FL-300, Request for Order.
    • The court made custody, visitation, and support orders in another family law case, and you want to change or end these orders.  Instead, use FL-300, Request for Order, and file in that other family law case.
    • The restrained party wants to set aside an active ROAH.  If seeking a new hearing, use FL-300, Request for Order. 
    • The restrained party wants to appeal the ROAH.  Contact the Appeals Division at (559) 730-5000, option 7, for information about the appeals process.  In general, you have 60 days from the date the judge issues a ruling to appeal the order.
    • The ROAH is still active, and the protected party wants to renew the ROAH.  Read form DV-700-INFO, How Do I Ask the Court to Renew My Restraining Order? for information on the renewal process.
    • The ROAH has expired, and the protected party wants a new restraining order.  Read form DV-505-INFO, How to Ask for a Domestic Violence Restraining Order, for information on how to start the process.

Note:  This is not a complete list; contact the Self-Help Resource Center if you are not sure whether the DV-300 series forms are appropriate for your situation.  Further information may also be found on form DV-300-INFO, How Do I Ask to Change or End a Domestic Violence Restraining Order?

The National Domestic Violence Hotline provides free and private safety tips:

  • Help is available every day, 24 hours a day.
  • Visit www.thehotline.org, or call (800) 799-7233; (800) 787-3224 (TTY).

Instructions

Once you’ve determined that your situation qualifies for the use of the DV-300 series forms, complete forms DV-300 and DV-310.

DV-300:  Request to Change or End Restraining Order

  • Item 1:  Enter the requesting party’s information.
  • Item 2:  Enter the name of the other party and the date the ROAH expires.
  • Item 3:  Mark (a) if you are requesting to end all orders in the ROAH, or (b) if you are requesting to change or end some orders in the ROAH.
    • If you marked (b), complete (b)(1) through (b)(4), to describe the changes you want the judge to make, whether you are requesting changes to child custody and visitation orders, whether you are requesting to add or remove protected persons, and whether you are asking the judge to make changes to the ROAH immediately. 
    • If you marked 3(b)(2), complete form DV-305 (see below).
  • Item 4:  Explain why you are asking the judge to change or end the orders.
  • Item 5:  Indicate whether you need more time to notice the other party, and explain why.
  • Item 7:  Indicate the number of pages you are attaching, and the mark the box for the type of form you are attaching.  You must attach a copy of the active ROAH to this form.
    • You may request copies of court orders at the Clerk of Court, located in the Visalia Courthouse or the South County Justice Center in Porterville.
  • Item 8:  Date, print, and sign.

DV-310:  Notice of Court Hearing and Temporary Order to Change or End Restraining Order

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

Optional forms DV-305 and FL-150 must be completed if you are requesting changes to custody, visitation, or support orders.

DV-305:  Request to Change Child Custody and Visitation Orders

Complete only if requesting a change of your child custody and visitation orders.  Once completed, attach to form DV-300.

  • Complete Items 1 through 5.
  • Items 6 and 7:  Indicate which child custody and visitation orders you want changed, how you would like them changed, and why.

FL-150:  Income and Expense Declaration

Complete only if requesting a change of your child or spousal support order.

  • Top of Page 1:  Enter your name, address and telephone number, plus court address.  You are the Petitioner, and your spouse is the Respondent.  Add the court case number.
  • Items 1 through 4:  Enter details regarding your employment, age, education, tax filing information, and the other party’s income.
  • Bottom of Page 1:  Date, print your name, and sign.
  • Items 5 through 11:  Enter information about your income from all sources, any deductions, and any assets.
  • Item 12:  Enter the names of all people who live with you.  Provide their age, relationship, income, and whether they contribute to your household’s expenses.
  • Item 13:  Enter information on the household expenses that you pay.
    • Mark the appropriate box for estimated or actual expenses, or proposed needs.
  • Item 14:  Enter information about any installment payments or debts not listed in Item 13, such as car payments, credit card bills, court fines, student loans, etc.
  • Item 15:  Enter information about Attorney’s fees.
  • Page 4:  Child Support Information.  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 specify the parenting schedule.
  • Items 17 through 19:  Enter information about the children’s healthcare or other expenses, and any special hardships you are facing.
    • 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.
  • Item 20: Use this space to add any other information you want the court to know concerning child support.

Now that you’ve completed your forms, make two copies of the DV-300 plus all attachments.  Make two copies of form FL-150 if you are filing this form.  No copies of form DV-310 are needed.  Bring the originals and copies to the Clerk of Court for filing.  There is no fee to file these forms.

The Court Clerk will file the forms, set a hearing a few weeks out, and send the forms to the judge for review.  In one to two business days, the court clerk will call you to inform them that the judge made a decision and that your forms may be picked up.  You will receive two copies of your forms.  One copy is for your records, and the other copy is to be served on the other party.

After you receive form DV-310, review it carefully to determine whether the court granted or denied your request for temporary restraining orders (see Item 4), and the date, time, and location of the court hearing (see Item 3).

After you get your forms back from the Clerk of Court, have someone serve a copy of your forms on the other party.  The server must be at least 18 years old and not a party to the case, and cannot be a protected party listed on the ROAH.  The other party must be served with each form you filed, plus a blank form DV-320:  Response to Request to Change or End Restraining Order.  In addition, serve blank copies of the following forms only if you requested changes to child custody and visitation, and/or support:

Method of service:

  • The protected party must be personally served.
  • The restrained party may be served by mail.

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). 

After the other party has been served, the server must complete the appropriate proof of service form:

Indicate which documents were served on the other party, how the documents were served, and the server’s information.  The server will date, print their name, and sign.  Once completed, bring the original Proof of Service plus one copy to the Clerk of Court for filing.  The copy is for the requesting party’s records.

Attend the court hearing listed on Item 3 on form DV-310:  Notice of Court Hearing and Temporary Order to Change or End Restraining Order.  For information about this hearing, read form DV-520-INFO – Get Ready for Your Restraining Order Court Hearing.  At the hearing, the court will either grant or deny the  request to change or end certain orders in the ROAH, or set a further “contested” hearing where both parties can bring evidence to support their position.  If a further hearing is set and temporary restraining orders were granted, the court may extend the temporary restraining orders until the next court date.

Further Information: