Court Hearing

Cal. Form DV-109

California Superior Local Rules

Judicial Council of California, Rev. January 1, 2025, Mandatory Form Family Code, §§ 242, 6320.5 Approved by DOJ Notice of Court Hearing (Domestic Violence Prevention) DV-109, DV-109 Notice of Court Hearing Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Court fills in case number when form is filed. Case Number: Instruction: The person asking for a restraining order must complete items and .

The court will complete the rest of this form.1 2 1 Person Asking for Protection Name: 2 Person to Be Restrained Name: 3 Notice of Hearing A court hearing is scheduled on the request for restraining orders against the person in :2 Date: Time: Dept.: Room: Name and address of court if different from above: You may attend your court date remotely, such as by phone or videoconference. For more information, go to the court's website for the county listed above.

To find the court's website, go to: At the hearing, the court must consider whether failure to make any of the orders requested by the person in might risk the safety of the person in or any children listed on form DV-105.

If child or spousal support was requested, the court must consider whether failure to make support orders would risk the safety of the person in or any children listed on form DV-105. 1 To the person in : 2 • If you attend the hearing (in person, by phone, or by videoconference) and the judge grants a restraining order against you, the order will be effective immediately, and you could be arrested if you violate the order. • If you do not attend the hearing, the judge may still grant the restraining order that could last up to five years.

After you receive a copy of the order, you could be arrested if you violate the order. Rev. January 1, 2025 Notice of Court Hearing (Domestic Violence Prevention) DV-109, Case Number: a. Temporary Restraining Orders (any order requested under Family Code

section 6320): (check one)

(1) All granted until the court hearing.

(2) All denied until the court hearing. (Reasons for denial are given below in b.)

(3) Partly granted and partly denied until the court hearing. (Reasons for denial are given in b.) b. Reasons for denial of some or all of the orders requested on form DV-100.

(1) The facts given in the request (form DV-100) do not show reasonable proof of a past act or acts of abuse. (Family Code sections 6300, 6320, and 6320.5.)

(2) The facts given in the request do not give enough detail about the most recent incidents of abuse, including what happened, the dates, who did what to whom, or any injuries or history of abuse.

(3) Other reasons for denial: 4 Temporary Restraining Orders (Any orders granted are attached on form DV-110.) 5 Confidential Information Regarding Minor a. A request to keep minor's information confidential was made (see form DV-160) and granted. (See form DV-165, Order on Request to Keep Minor's Information Confidential, served with this form.) b. If the request was granted, the information described on the order (form DV-165, item ) must be kept CONFIDENTIAL.

The disclosure or misuse of the information is punishable as a sanction, with a fine of up to $1,000 or other court penalties. 7 Service of Documents by the Person in At least days before the hearing, someone age or older—not you or anyone to be protected—must personally give (serve) a court file-stamped copy of this form (DV-109, Notice of Court Hearing) to the person in along with a copy of all the forms indicated below: five a. DV-100, Request for Domestic Violence Restraining Order (file-stamped) b. DV-110, Temporary Restraining Order (file-stamped), if granted c.

DV-120, Response to Request for Domestic Violence Restraining Order (blank form) DV-120-INFO, How Can I Respond to a Request for Domestic Violence Restraining Order?d. e. f. DV-170, Notice of Order Protecting Information of Minor, and DV-165, Order on Request to Keep Minor's Information Confidential (file-stamped), if granted Other (specify): Judge's Signature Date: Judicial Officer Rev. January 1, 2025 Notice of Court Hearing (Domestic Violence Prevention) DV-109, Case Number: To the Person in :1 • At the hearing: The judge will decide if a restraining order is needed to keep you or your children safe.

If the judge grants you a restraining order at the hearing, it can last up to five years. You must attend the hearing if you want the judge to make any of the orders you requested on form DV-100. Bring any evidence or witnesses you have. For more information, read form , Get Ready for Your Restraining Order Court Hearing. • Option to cancel hearing: If item a(2) or a(3) is checked, you have the option of canceling the hearing. If you cancel the hearing, your request for restraining order will not move forward. Any temporary orders made will expire on the day of the hearing.

If you want to cancel the hearing, use form , Waiver of Hearing on Denied Request for Temporary Restraining Order. 4 4 • Before the hearing: You must have someone personally serve (give) the person in a copy of all the papers listed in by the deadline listed in . For more information, read form DV-200-INFO, What Is “Proof of Personal Service”? You may ask to reschedule the hearing if you are unable to serve the person in and need more time to serve the documents, or for other good reasons.

Read form , How to Ask for a New Hearing Date. 2 6 To the Person in :2 Respond in writing (optional): You can respond in writing by completing form DV-120, Response to Request for Domestic Violence Restraining Order. For more information, read form , How Can I Respond to a Request for Domestic Violence Restraining Order? • • At the hearing: Whether or not you respond in writing, attend the hearing if you want the judge to hear from you before making an order. At the hearing, tell the judge why you agree or disagree with the orders requested. Bring any evidence or witnesses you have.

Read form , Get Ready for Your Restraining Order Court Hearing. • If you are unable to attend your court hearing or need more time to prepare your case, you may ask the judge to reschedule your court date. Read form , How to Ask for a New Hearing Date. Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk’s office or go to for Disability Accommodation Request (form MC-410). (Civil Code

section 54.8.) (Clerk will fill out this part.) —Clerk's Certificate—Clerk’s Certificate I certify that this Notice of Court Hearing is a true and correct copy of the original on file in the court. [seal] Date: Clerk, by , Deputy

Document details

Collection	California Superior Local Rules
Citation	Cal. Form DV-109
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	5ced54dc627fea476d96f8063b89d383407b5647

Source file is stored in the law ingest library (pdf).