HOW TO RESPOND WHEN SERVED WITH DOMESTIC VIOLENCE RESTRAINING ORDERS - CALIF. - VIDEO #70 (2021)

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Go to FreeDivorce.com for more - Fifth 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 respond when someone serves you with domestic violence restraining orders.

If the court issues temporary restraining orders and the other party violates those orders, call the police. For example, assume a judge granted a TRO that tells the other party to move out of the family home. Your domestic violence paperwork, including a copy of the TRO, has been served on the other party. The other party refuses to move. If you call the police, they will come to the home and escort the other party out of the house. The police may also arrest the person and charge the person with a crime.

You should not engage in conduct that invites a violation of any of the TROs. If the TRO prohibits the other party from contacting you, don’t call the other party. If the TRO tells the other party to stay 100 yards away from you, don’t go over to their house.

If you are the party that has been served with domestic violence paperwork, first carefully review all the paperwork. Make a note of the hearing date and time. Look at the DV-110 “Temporary Restraining Order” to see which temporary restraining orders were granted by the court and which were denied. Comply with all of the restraining orders that were granted pending the hearing. Even if you feel the orders were obtained only because the other party made misrepresentations to the court. If you violate any of the temporary restraining orders, you could be arrested and charged with a crime. You will have your chance at the hearing to tell the judge your side of the story. At the hearing, the judge will decide if the temporary restraining orders should end on the day of the hearing or be extended. If the judge decides to extend the orders, they could be in effect for as long as five years. Custody and support orders can last even longer than five years.

After you have been served with domestic violence papers, you may want to complete a DV-120, which is entitled, “Response to Request for Domestic Violence Restraining Order”. You can find a blank DV-120 in our Court Forms Database that you can fill out and print. For instructions on how to fill out the DV-120, you can read another court form entitled, “How Can I Respond to a Request for Domestic Violence Restraining Order”, which is DV-120-INFO.

You may not want to complete the DV-120. Domestic violence can be a crime. If someone is accusing you of committing a crime, you have a right against self-incrimination. If your spouse has filed domestic violence papers claiming you beat him or her up, and you then use the DV-120 to make a detailed statement, under penalty of perjury, to describe what happened, it is possible the DV-120 could be used as evidence by the District Attorney to convict you of a crime.

If you elect to complete the DV-120, after you have completed the form, make at least two copies. File the DV-120 with the court. There is no filing fee. The court clerk will give you back the two copies with “filed-endorsed” stamps on the copies. Arrange to have one copy served on the other party. The DV-120 can be served on the other party by mail.

If the other party asked for any court orders that involve financial matters, then the other side should have served you with their completed Income & Expense Declaration, which is FL-150. In this case, you will need to complete your own FL-150. The judge will need Income & Expense Declarations from both parties in order to make decisions about financial matters.

You can’t use the DV-120 to get restraining orders against the other party. If you want to get restraining orders against the other party, you will have to apply for your own restraining orders. In other words, you will have to complete your own “Request for Domestic Violence Restraining Order”, which is DV-100, and the other court forms that go along with the DV-100.

After you have completed your DV-120, filed it, and served it, you need to attend the court hearing. If you don’t attend the hearing, the judge will likely grant the other party all of the orders they requested.

Видео HOW TO RESPOND WHEN SERVED WITH DOMESTIC VIOLENCE RESTRAINING ORDERS - CALIF. - VIDEO #70 (2021) канала Free Divorce