HOW TO DRAFT DV-130 RESTRAINING ORDER AFTER HEARING CALIFORNIA - VIDEO #72 (2021)

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At the end of a domestic violence hearing, the judge will announce his or her decisions about which orders are going to be granted and which orders are going to be denied. The judge’s decisions must be reduced to writing. The writing will be a Judicial Council form entitled, “Restraining Order After Hearing”, which is DV-130. In many counties, the judge’s clerk will prepare the DV-130 immediately after the hearing while you wait. In these counties, the judge’s clerk will prepare the DV-130 and then hand it to the judge to sign. The judge’s clerk may even file the DV-130 and give you and the other party filed-endorsed copies before you leave the courtroom.
In some counties, the judge’s clerk will prepare the DV-130, but not file the DV-130. Instead, the judge’s clerk will give the DV-130 to you or the other party and instruct you or the other party to file the original DV-130 with the court clerk before you leave the courthouse.
In some counties, the judge’s clerk will not prepare the DV-130.

If you live in a county where the court clerk does not prepare the DV-130, at the conclusion of the hearing, the judge will instruct one party or the other to prepare the DV-130. Usually the party that won the hearing will be instructed to prepare the DV-130. Somebody has to prepare the DV-130, get the judge to sign it, and then file the original with the court clerk. Otherwise, there won’t be a proper record of the decisions the judge made at the hearing.

If you are the one that has to prepare the DV-130, go to our Court Forms Database where you will find a blank DV-130 that you can fill out. If the judge’s decision included orders about child custody you will also need DV-140 to attach to your DV-130. If the judge’s decision included orders about child support, you will also need FL-342.

You want to prepare the DV-130 on the same day as the hearing because any temporary restraining orders (TROs) previously issued by the court will expire that same day. You want the new orders that are contained in the DV-130 to be in place before the TROs expire.

After you have prepared the DV-130, make three copies and take it back to the court and ask the court clerk what steps you need to take in order to get the judge to sign your DV-130.

After the judge signs your DV-130, file the original with the court clerk. The court clerk will give you filed-endorsed copies. The court clerk will also forward a copy to law enforcement so it will be included in the CLETS Database. This will allow police everywhere in the State of California will be able to confirm the existence of the orders.

If the other party attended the hearing at which the judge made the orders, that person obviously heard the judge make the orders, and no other proof of service is needed. The DV-130, in item #25, will state that both parties were at the hearing and that no other proof of service is needed.

If the other party did not attend the hearing, then the DV-130 will need to be served on that party. If the orders in the DV-130 are the same as the orders contained in the DV-109, which is the Notice of Court Hearing, and the DV-110, which is the Temporary Restraining Order, then you can serve the DV-130 on the other party by mail. If the orders set forth in the DV-130 are different than those set forth in the DV-110, or if a DV-110 was not issued by the court, then the DV-130 will need to be personally served on the other party.

Видео HOW TO DRAFT DV-130 RESTRAINING ORDER AFTER HEARING CALIFORNIA - VIDEO #72 (2021) канала Free Divorce