Court Hearing

Cal. Form DV-120

California Superior Local Rules

Judicial Council of California, Rev. January 1, 2026, Optional Form DV-120-INFO, Page 1 of 4How Can I Respond to a Request for Domestic Violence Restraining Order? (Domestic Violence Prevention) DV-120-INFO How Can I Respond to a Request for Domestic Violence Restraining Order? I was served with form DV-100, DV-109, or DV-110. What does this mean? Someone has asked for a domestic violence restraining order against you.

On the forms, you are the “person in ” and the person who wants a restraining order against you is listed in on all the forms. 2 1 Form DV-100: This form has all the orders that the person in has asked the judge to order.1 Form DV-109: Your court hearing (court date) is listed on this form. You should attend the court hearing if you do not agree to the orders requested. If you do not attend, the judge can make orders against you without hearing from you. Form DV-110: If you were served with form DV-110, it means that the judge granted a temporary restraining order against you. You must follow the orders.

What is a domestic violence restraining order? It is a court order that can help protect people who have been abused by someone they have been intimate with, or are closely related to. To be eligible, the person asking for the restraining order must be: • Someone you date or used to date • A spouse, ex-spouse, registered domestic partner, or ex-domestic partner • Someone you live or lived with (more than a roommate) • Your parent, sibling, child, grandparent, or grandchild related by blood, marriage, or adoption What can a restraining order do?

In a restraining order, a judge can order you to: • Not contact or harm the protected person, including children or others listed as protected people • Stay away from all protected people and places • Not have any firearms (guns), firearm parts, ammunition, or body armor.

This includes homemade or untraceable guns, like “ghost guns” • Move out of the place that you share with the protected person • Follow custody and visitation orders • Pay child support • Pay spousal support • Pay debt for property • Give control of property (examples: cell phone, car, home) to the person asking for protection How long does the order last? If the judge granted a temporary restraining order (form DV-110), it will last until the hearing date. At your court hearing, the judge will decide whether to extend the order or cancel the order. The judge can extend the order for up to five years.

Custody, visitation, child support, and spousal support orders can last longer than five years and they do not end when the restraining order ends. What if I don't obey the order? The police can arrest you. You can go to jail and pay a fine. You must still follow the orders even if you are not a U.S. citizen. If you are worried about your immigration status, talk to an immigration lawyer.

Rev. January 1, 2026 DV-120-INFO, Page 2 of 4How Can I Respond to a Request for Domestic Violence Restraining Order? (Domestic Violence Prevention) DV-120-INFO How Can I Respond to a Request for Domestic Violence Restraining Order? What do I do next?

Part 1: Turn in or sell prohibited items If there is a temporary restraining order against you (see form DV-110), then you must immediately turn in, sell, or store any prohibited items you have or own. Prohibited items include: Firearms, including any handgun, rifle, shotgun, and assault weapon Firearm parts, meaning receivers, frames, and any item that may be used as or easily turned into a receiver or frame Ammunition, including bullets, shells, cartridges, and clips You must then prove to the court that you’ve complied with the orders.

Bring form DV-800/JV-270, Receipt for Firearms, Firearm Parts, and Ammunition, to a gun dealer or law enforcement when you turn in your items. After DV-800/JV-270 is complete, file it with the court. For more information, read form DV-800-INFO/JV-270- INFO, How Do I Turn In, Sell, or Store My Firearms, Firearm Parts, and Ammunition?.

Part 2: Relinquish body armor If there is a temporary restraining order against you (see form DV-110), you must relinquish any body armor that you have or own. Note: If you need to have and use body armor for your work, livelihood, or safety, you may ask for an exception with a chief of police or sheriff in the county where you will have and use the body armor (see Pen. Code, § 31360(c)).

Part 3: Respond in writing (optional) “Respond” means to let the judge and the other side know whether you agree or disagree with the request for restraining order, and why. Responding in writing is optional and there is no penalty if you don’t. If you need more time to prepare for your case, talk to a lawyer or self-help center staff before you file a response. If you want to respond in writing, complete form DV-120, Response to Request for Domestic Violence Restraining Order. After you complete the form, file it with the court. There is no court fee to file this form.

Then “serve” the form on the person asking for the restraining order. “Serve” means to have someone 18 years old or older mail a copy to the person asking for the restraining order. You cannot be the one to mail your papers. The person who mails your form must fill out form DV-250, Proof of Service by Mail. After form DV-250 is completed, file it with the court.

Part 4: Get ready and go to your court hearing Your court hearing is listed on form DV-109, Notice of Court Hearing. You have the option of attending your hearing in-person or remotely (by phone, or videoconference if available). For information on how to attend your hearing remotely, go to the court's website. Some courts may require advance notice. At the hearing, you and the other side will have the opportunity to tell your side of the story. For more information, read form DV-520-INFO, Get Ready for Your Restraining Order Court Hearing.

If you need more time to prepare your case, you may ask the judge for a new court date. The judge will decide whether to grant your request. Read form DV-115-INFO, How to Ask for a New Hearing Date, for more information. Note that if the judge does give you a new court date and if there is a temporary restraining order against you, the judge will usually extend the temporary restraining order until the next court date.

Rev. January 1, 2026 How Can I Respond to a Request for Domestic Violence Restraining Order? (Domestic Violence Prevention) DV-120-INFO, Page 3 of 4 DV-120-INFO How Can I Respond to a Request for Domestic Violence Restraining Order? Do I need a lawyer? It’s possible to go through this process without a lawyer. But having a restraining order against you may have a lot of consequences, and you may want to hire a lawyer. If you don't hire a lawyer, you can get free help from your court’s self-help center. What if I was arrested or have criminal charges against me?

Anything you write in your court papers or say at a hearing for this case and for any criminal case can be used against you. Talk to a lawyer if you have any concerns about what you can do and say. What if I have more than one restraining order against me? If the police are called to enforce the order, they will need to follow the rules of enforcement (see “Conflicting Orders—Priorities for Enforcement” listed on the last page of form DV-110, DV-130, and CR-160). If you have questions about any of the orders against you, contact your local self-help center or talk to a lawyer.

Find your local court’s self-help center at selfhelp.courts. ca.gov/find. Where can I find a self-help center? Free legal help is available at your court’s self-help center. Find your local court’s self-help center at selfhelp. courts.ca.gov/find. Self-help center staff will not act as your lawyer but may be able to give you information to help you decide what to do in your case, and help you with the forms. Staff may also refer you to other agencies that may be able to help you. What if I have access to firearms or ammunition?

If a restraining order is granted against you, and you do not follow the judge’s order to turn in your firearms and ammunition, you have violated the restraining order and can be charged with a crime, fined, or go to jail. If you have a child, having illegal access to firearms or ammunition may impact your visitation (parenting time) and whether you have custody of your child. If the other parent is staying in a confidential shelter, the court must consider your access to firearms or ammunition when deciding whether you should have in-person visits with your child.

What if I need to have a firearm or ammunition for my job? What if I have children with the person asking for a restraining order? A restraining order can include orders for your children, including listing them as protected persons. It can also include child custody and visitation orders and orders to limit your ability to travel with your children. If the judge has granted a restraining order against you, any violation of the order may impact your time with your children. If the judge grants a restraining order against you, you cannot have firearms or ammunition.

The judge may give you permission to have a firearm or ammunition for work. Before permission can be granted, you will be required to show the judge that (1) carrying a firearm or ammunition is required for your work, and (2) your employer is unable to reassign you to another position where carrying a firearm or ammunition is not necessary. There are other things you will have to prove. For more information, go to selfhelp.courts.ca.gov/ respond-to-DV-restraining-order/obey-firearms-orders/ exception, or see Family Code

section 6389(h).

Rev. January 1, 2026 How Can I Respond to a Request for Domestic Violence Restraining Order? (Domestic Violence Prevention) DV-120-INFO, Page 4 of 4 DV-120-INFO How Can I Respond to a Request for Domestic Violence Restraining Order? What if I want to leave the county or state? You must still comply with the restraining order, including custody and visitation orders. The restraining order is valid anywhere in the United States. Can I use the restraining order to get divorced or end a domestic partnership? No. These forms will not end your marriage or registered domestic partnership.

You must file other forms to end your marriage or registered domestic partnership. What if I need a restraining order against the other person? Do not use form DV-120 to request a domestic violence restraining order. For information on how to file your own restraining order, read form DV-505-INFO, How to Ask for a Domestic Violence Restraining Order. You can also ask the court clerk about free or low-cost legal help. What if I am a victim or survivor of domestic violence? The National Domestic Violence Hotline provides free and private safety tips. Help is available in over 100 languages.

Visit online at thehotline.org or call 1-800-799-7233. Information about the court process is also available online selfhelp.courts.ca.gov/respond-to-DV-restraining-order What if I need an interpreter? You may use form INT-300 to request an interpreter or ask the clerk how you can request one. I have a disability. How can I get help? You may use form MC-410 to request assistance. Contact the disability or ADA coordinator at your local court for more information.

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 courts.ca.gov/forms for Disability Accommodation Request (form MC-410). (Civ. Code, § 54.8.)

Document details

Collection	California Superior Local Rules
Citation	Cal. Form DV-120
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	8e023a1c034d0b4dc18eba500fd7359678612f07

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