Response to Request for Domestic Violence Restraining Order

You should have received file-stamped copies of the forms listed below.  Review these forms carefully so you understand what the Petitioner alleges you’ve done, what orders the Petitioner has requested, and which temporary restraining orders (TRO) the court has granted or denied.  If you have not received these, request a copy at the Clerk of Court at the Visalia or Porterville courthouses.

• DV-100, Request for Domestic Violence Restraining Order (DVRO)
  • This form describes the relationship between you and the Petitioner, instances of abuse, other people the Petitioner wants to protect, and the requested orders (these may include orders to stay-away, to not abuse, to move-out, child custody and visitation orders, property orders, and support orders).
• DV-109, Notice of Court Hearing
  • This form provides the hearing information at Item 3.
• DV-110, Temporary Restraining Order
  • This form details whether the court has granted or denied any temporary restraining orders (TRO).  If temporary orders were granted, they will be in effect through the hearing date.

You may agree with some of the Petitioner’s requests.  For example, you may agree to stay away from the Petitioner.  However, consider whether a court order is needed for you to stay away.  When a DVRO is granted, Respondents may face constitutional limitations and potential issues in custody and visitation matters.  In addition, DVROs may last up to 5 years and can be renewed.  If you have questions about the consequences of having a DVRO made against you, consult an attorney.  After you’ve read and understood the temporary restraining orders the court has granted or denied, go to Step 2.

DV-120, Response to Request for Domestic Violence Restraining Order

• Items 1 and 2:  Enter the Petitioner’s name, your name, and your address where you can receive court papers.  For privacy, you may use a P.O. Box or another person’s address, if you have their permission and can get your mail regularly.
• Items 4 through 6:  Complete these sections to correct any information about you, your relationship with the Petitioner, and whether you have any other court cases or restraining orders with the Petitioner.
• Items 7 through 28:  Mark the box indicating whether you agree or disagree with the orders requested.  If you disagree, explain why.
  • Item 13:  Child custody and visitation orders
    • Mark whether you are the parent of the children, and whether you agree with the requested child custody and visitation orders.
    • If you disagree, complete and attach form DV-125, Response to Request for Child Custody and Visitation Orders, explained below.
  • Items 26 and 27:  Prohibited items
    • If you were served with form DV-110, Temporary Restraining Order, you are prohibited from having firearms, firearm parts, ammunition, and body armor.  You have 48 hours from when you were served to surrender these items to law enforcement or sell/store them with a licensed gun dealer.
    • If you have these prohibited items, complete form DV-800, Receipt for Firearms, Firearm Parts, and Ammunition (see below).
    • Mark box (a) if you do not own the prohibited items.
    • Mark box (b) if you have already relinquished them, and/or box (c) if you are requesting an exception to carry a firearm for work.  Provide job details in the space provided.
    • Mark box (c) if you are requesting an exception to carry a firearm or ammunition for employment, and provide details at (1) through (3).
• Items 29 through 31:  Complete these sections to provide additional facts or reasons why you disagree with any of the orders that the Petitioner requested, if you are requesting reimbursement for certain expenses, and the number of pages you’ve attached.
• Item 32:  Date, print your name, and sign.

If the Petitioner requested additional orders with their request for a DVRO, such as child custody and visitation, child support, or spousal support, complete the forms below:

DV-125, Response to Request for Child Custody and Visitation Orders

Complete only if the Petitioner requested child custody and visitation orders (they would have marked Item 15 on form DV-100 and served you with form DV-105).

• Items 1 through 5:  Enter the Petitioner’s name, your name, the relationship with the children, whether you are the parent, and if you agree with the information the Petitioner provided about where the children have lived and court cases involving your children.
  • If you disagree with where the children have lived, complete and attach form DV-105(A), City and State Where Children Lived.
• Items 6 through 10:  Mark whether you agree to the orders requested.  If you disagree, explain why.  If you would agree to a different order, describe what you would agree to.
• Attach to form DV-120, Response to Request for DVRO.

DV-800, Receipt for Firearms, Firearm Parts, and Ammunition

Complete only if you have prohibited items such as firearms, firearm parts, and ammunition.  You will take this form to law enforcement or a licensed gun dealer to surrender, store, or sell these items.   Before you bring your firearms to law enforcement or a licensed gun dealer, be sure to call and ask them about their surrender/storage/sale process.

FL-150, Income and Expense Declaration

Complete only if the Petitioner requested 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 16 through 20 only if your case involves child support.
• Form FL-150 is not attached to any other form; it is filed separately.

Make two copies of each completed form.  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.  There is no fee to file your response.  The Clerk of Court will file the original forms and return your filed copies.  One copy is for your records, and the other copy is to be served on the Petitioner.

The next step is to serve your forms on the Petitioner.  The server must be someone 18 years or older, other than you, and not protected under the restraining order.  The server will mail the forms to the Petitioner at their address listed at Item 1 on form DV-100, Request for DVRO. 

After mailing the forms, the server must complete and sign form DV-250, Proof of Service by Mail, indicating what forms were mailed, where they were sent, and the date and location they were mailed.  The server will enter their name and contact information, and will date, print their name, and sign the bottom.  Take the original plus one copy of the Proof of Service to the Clerk of Court for filing.  The Clerk will keep the original, and give you back a copy for your records.

Your court date is listed on Item 3 of form DV-109, Notice of Hearing.  If you don’t appear, the judge may make orders without your input.  You may appear for this hearing in person or remotely.  For information on how to appear remotely, visit:  https://www.tulare.courts.ca.gov/online-services/request-remote-hearings.

To prepare for your hearing, read form DV-520-INFO, Get Ready for Your Restraining Order Court Hearing.  At the hearing, tell the judge why you agree or disagree with the requested orders.  The court will either grant or deny the requested orders, or set a further “contested” hearing where both parties can bring evidence and witnesses 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.

To obtain your own restraining order, read:

• DV-500-INFO, Can A Domestic Violence Restraining Order Help Me?
• DV-505-INFO, How to Ask for a Domestic Violence Restraining Order

To reschedule your hearing to another day, read:

• DV-115-INFO, How to Ask for a New Hearing Date