GETTING IMMEDIATE TEMPORARY RESTRAINING ORDERS, DOMESTIC VIOLENCE CALIF. VIDEO #68 (2021)

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Third 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 immediately get temporary restraining orders (TROs) before any hearing and based solely on your court paperwork.

If you submit a DV-100 to the court, you must also complete and submit to the court a CLETS-001. This is a one page confidential information form. The purpose of the form is to give law enforcement agencies information they can use to enforce any restraining orders.

You want the judge to read your DV-100 on the same day you submit it to the court and you want the judge to decide to immediately issue Temporary Restraining Orders, which are also called TROs. If the judge reads your paperwork and decides to issue immediate TROs, those Temporary Restraining Orders will go into effect immediately and they will stay in effect until the hearing takes place on your DV-100. The TROs, if granted, need to be set forth on a Judicial Council form. The Judicial Council form is called, “Temporary Restraining Order”, and goes by the number DV-110. You should complete the DV-110 and submit it to the court along with your DV-100 and your CLETS-001.

When you fill out the DV-110, you want it to match your DV-100. In other words, whatever restraining orders you requested in your DV-100, you are going to check the boxes for the same restraining orders on your DV-110. If you asked for Personal Conduct Orders on your DV-100, then check the boxes for a Personal Conduct Order on your DV-110.

When you fill out and file the DV-100 and the DV-110, you hope the judge will read your paperwork and decide to grant all of the temporary restraining orders you have requested. However, the judge may not grant some or all of the temporary restraining orders you requested. You will see on the DV-110 that there are three boxes after each TRO. One box reads, “Not requested”. A second box reads, “Denied until the hearing”. A third box reads, “Granted as follows”. After the judge reads your DV-100, the judge will decide which TROs should be granted and which should be denied until the hearing.

If the judge denies some or all of your requested TROs, this does not mean you have lost your request for those restraining orders. It simply means the judge did not feel it was necessary to issue those restraining orders on an immediate basis. The judge felt the situation wasn’t an emergency and matters can wait until the time of the hearing. At the time of the hearing, the judge, after hearing from both parties, may decide to grant all of the restraining orders you requested.

If you look at the DV-110, you will see that it is not structured for a judge to issue a TRO for child support or spousal support. Child support and spousal support orders are not granted on an emergency basis. You will have to wait until the hearing for the judge to make a support order.

In addition to your DV-100, CLETS-001; and DV-110, you will need a form called, “Notice of Court Hearing”, which is DV-109.

if you are asking for financial orders in your DV-100, such as child support, spousal support, debt payment, etc., you will need to complete and file your Income & Expense Declaration, which is FL-150. If you are asking the court to issue child custody orders, you will need to include a “Request for Child Custody and Visitation Orders”, which is DV-105. If you want the court to issue a TRO that includes child custody orders, then you will also need to complete and submit to the court a “Child Custody and Visitation Order”, which is DV-140. All of these forms can be found in our Court Forms Database.

Видео GETTING IMMEDIATE TEMPORARY RESTRAINING ORDERS, DOMESTIC VIOLENCE CALIF. VIDEO #68 (2021) канала Free Divorce