HOW TO FILE & SERVE DOMESTIC VIOLENCE RESTRAINING ORDERS IN CALIF. - VIDEO #69 (2021)

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Fourth video in a seven part series explaining how to get domestic violence restraining orders to protect you and your children using the DVPA in California. This video explains how to file your domestic violence court forms with the court clerk and then how to serve those forms on the other party.

After you have completed your initial Judicial Council forms as described in the last two videos, make three copies, and then take your documents to the Superior Court. The court clerk will give your forms to a judge. The judge will read your forms and decide whether or not to issue any or all of the temporary restraining orders that you requested. If the judge decides to issue any TROs, they will go into effect immediately and remain in effect until the hearing. The judge may decide the matter the same day you submit your papers to the court or the judge may decide the next business day. When you give your papers to the court clerk, ask the clerk if you should wait at the court for the judge to make a decision. Some courts will give you a phone number that you can call to find out when the judge has reviewed your paperwork and made a decision about the TROs.

After the judge has reviewed your paperwork and made a decision about whether or not any TROs should be issued, the court will assign a hearing date. The court will write in the date, time, and department for the hearing on the “Notice of Court Hearing”, which is DV-109. When you pick up your paperwork from the court clerk, make a note of the date and time of the hearing. Then, look over the Temporary Restraining Order form, which is DV-110 and see which TROs, if any, the judge issued.

The court clerk will keep your original domestic violence paperwork and give you filed-endorsed copies. Keep a copy for yourself. If TRO’s were issued, you may want to give copies of the TROs, which is DV-110, to third parties. For example, if a TRO tells the other party to stay away from the children’s school, you may want to give a copy to the school.

You need to serve the other party with a copy of your domestic violence paperwork so the other party knows when and where the hearing will take place. The other party also needs a copy so they know which TROs have been issued by the court so they can comply with those orders.

You have to serve the other party with copies of all of your domestic violence paperwork and also a blank, “Response To Request for Domestic Violence Restraining Order”, which is DV-120.

You cannot serve your domestic violence paperwork on the other party by mail. A third party needs to personally hand the paperwork to the other party. You cannot serve your domestic violence paperwork on the other party yourself because you are a party to the proceeding. The paperwork has to be served by a third party. The sheriff or marshal will serve your domestic violence paperwork for free.

You may want to hire a professional process server or have a friend that is over 18 years old serve the paperwork on the other party. A professional process server or a friend will likely be able to serve the papers much quicker than the sheriff or marshal. If you have a TRO that tells your spouse to immediately move out of the family home, you are going to want your paperwork served on your spouse as soon as possible so they immediately comply with the TRO and move out.

If you have the sheriff or marshal serve your paperwork, the sheriff or marshal will fill out a Proof of Service form. If you use a professional process server, the process server will serve the papers, then prepare a proof of service form, and give you the form to file with the court. Some process servers will file the proof of service form with the court for you. If you have a friend or relative serve your paperwork, you will need to prepare a “Proof of Personal Service” form yourself, which is DV-200.

Видео HOW TO FILE & SERVE DOMESTIC VIOLENCE RESTRAINING ORDERS IN CALIF. - VIDEO #69 (2021) канала Free Divorce