Dv 109 Form PDF Details

In the realm of legal protections against domestic violence, the issuance of restraining orders plays a crucial role in safeguarding the rights and well-being of individuals seeking relief from abuse. Within this context, the DV-109 form, known as the Notice of Court Hearing, serves as a foundational document, integral to the process. This form not only informs both parties of the scheduled hearing but also outlines the temporary restraining orders that may have been granted or denied pending the hearing, based on the initial request filed with form DV-100. The instructions are clear: the applicant must ensure the respondent is properly served with the form, accompanied by all necessary documents, thereby guaranteeing the person to be restrained is aware of the hearing and has an opportunity to respond. Importantly, the form also stipulates the confidentiality surrounding minors' information and the potential consequences of its misuse, emphasizing the court's commitment to protect the vulnerable. Furthermore, the DV-109 form provides guidance on actions applicants can take if temporary orders are denied, including the option to cancel the hearing or pursue different avenues for obtaining orders at a later time. Designed to navigate the complexities of restraining order requests, the DV-109 underscores the balance the legal system seeks to maintain between protecting individuals from domestic violence while ensuring due process rights are upheld for all parties involved.

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Form NameDv 109 Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other nameshow to fill out dv 109, ca notice court make, dv 109 fillable form, ca dv109 form

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State Bar No.:

DV-109

Notice of Court Hearing

 

 

 

 

1Name of Person Asking for Order:

Clerk stamps date here when form is filed.

Your lawyer in this case (if you have one):

Name:

Firm Name:

Address (If you have a lawyer for this case, give your lawyer’s information. If you do not have a lawyer and want to keep your home address private, give a different mailing address instead. You do not have to give your telephone, fax, or e-mail.)

Address:

City:

 

 

State:

 

 

 

Zip:

 

Telephone:

 

 

 

 

Fax:

 

E-Mail Address:

 

 

 

 

 

 

 

 

Fill in court name and street address:

Superior Court of California, County of

2Name of Person to Be Restrained:

The court will fill out the rest of this form.

Court fills in case number when form is filed.

Case Number:

3Notice of Hearing

A court hearing is scheduled on the request for restraining orders against the person in 2 :

Name and address of court if different from above:

Hearing Ł Date:

 

Time:

 

Date

Dept.:

 

Room:

 

 

4Temporary Restraining Orders (Any orders granted are attached on form DV-110.)

a. Temporary Restraining Orders for personal conduct and stay-away orders as requested in form DV-100, Request for Domestic Violence Restraining Order, are (check only one box below):

(1) All GRANTED until the court hearing.

(2) All DENIED until the court hearing. (Specify reasons for denial in b, below.)

(3) Partly GRANTED and partly DENIED until the court hearing. (Specify reasons for denial in b, below.)

b. Reasons for denial of some or all of those personal conduct and stay-away orders as requested in form DV-100, Request for Domestic Violence Restraining Order, are:

(1) The facts as stated in form DV-100 do not show reasonable proof of a past act or acts of abuse. (Family Code, §§ 6320 and 6320.5.)

(2)

The facts do not describe in sufficient detail the most recent incidents of abuse, such as what happened, the dates, who did what to whom, or any injuries or history of abuse.

(3) Further explanation of reason for denial, or reason not listed above:

Judicial Council of California, www.courts.ca.gov Revised January 1, 2019, Mandatory Form Family Code § 242

Approved by DOJ

Notice of Court Hearing

DV-109, Page 1 of 3

(Domestic Violence Prevention)

Case Number:

5Confidential Information Regarding Minor

a. A Request to Keep Minor's Information Confidential (form DV-160) was made and GRANTED (see form DV-165, Order on Request to Keep Minor's Information Confidential, served with this form.)

b.If the request was granted, the information described on the order (form DV-165, item 8) must be kept CONFIDENTIAL. The disclosure or misuse of the information is punishable as contempt of court, with a fine of up to $1,000 or possible sanctions.

6 Service of Documents by the Person in 1

At least

five

 

days before the hearing, someone age 18 or older—not you or anyone to be

protected—must personally give (serve) a court file-stamped copy of this form (DV-109, Notice of Court Hearing) to the person in 2 along with a copy of all the forms indicated below:

a.DV-100, Request for Domestic Violence Restraining Order (file-stamped)

b. DV-110, Temporary Restraining Order (file-stamped) IF GRANTED

c.DV-120, Response to Request for Domestic Violence Restraining Order (blank form)

d.DV-120-INFO, How Can I Respond to a Request for Domestic Violence Restraining Order?

e.DV-250, Proof of Service by Mail (blank form)

f.

DV-170, Notice of Order Protecting Information of a Minor, and DV-165, Order on Request to Keep

 

Minor's Information Confidential (file-stamped), IF GRANTED

g.

Other (specify):

 

 

 

Date:

Judicial Officer

Right to Cancel Hearing: Information for the Person in 1

•If item 4 (a)(2) or 4 (a)(3) is checked, the judge has denied some or all of the temporary orders you requested until the court hearing. The judge may make the orders you want after the court hearing. You can keep the hearing date, or you can cancel your request for orders so there is no court hearing.

•If you want to cancel the hearing, use form DV-112, Waiver of Hearing on Denied Request for Temporary Restraining Order. Fill it out and file it with the court as soon as possible. You may file a new request for orders, on the same or different facts, at a later time.

•If you cancel the hearing, do not serve the documents listed in item 6 on the other person.

•If you want to keep the hearing date, you must have all of the documents listed in item 6 served on the other person within the time listed in item 6 .

•At the hearing, the judge will consider whether denial of any requested orders will jeopardize your safety and the safety of children for whom you are requesting custody or visitation.

•You must come to the hearing if you want the judge to make restraining orders or continue any orders already made. If you cancel the hearing or do not come to the hearing, any restraining orders made on form DV-110 will end on the date of the hearing.

Revised January 1, 2019

Notice of Court Hearing

DV-109, Page 2 of 3

(Domestic Violence Prevention)

Case Number:

To the Person in 1 :

• The court cannot make the restraining orders after the court hearing unless the person in 2 has been personally given (served) a copy of your request and any temporary orders. To show that the person in 2 has been served, the person who served the forms must fill out a proof of service form. form DV-200, Proof of Personal Service, may be used.

•For information about service, read form DV-200-INFO, What Is “Proof of Personal Service”?

•If you are unable to serve the person in 2 in time, you may ask for more time to serve the documents. Read form DV-115-INFO, How to Ask for a New Hearing Date.

To the Person in 2 :

•If you want to respond in writing, mail a copy of your completed form DV-120, Response to Request for Domestic Violence Restraining Order, to the person in 1 and file it with the court. You cannot mail form DV-120 yourself. Someone age 18 or older — not you — must do it.

•To show that the person in 1 has been served by mail, the person who mailed the form must fill out a proof of service form. Form DV-250, Proof of Service by Mail, may be used. File the completed form with the court before the hearing

and bring a copy with you to the hearing.

•For information about responding to a restraining order and filing your answer, read form DV-120-INFO, How Can I Respond to a Request for Domestic Violence Restraining Order?.

•Whether or not you respond in writing, go to the hearing if you want the judge to hear from you before making an order. You may tell the judge why you agree or disagree with the orders requested. You may bring witnesses and other evidence.

•At the hearing, the judge may make restraining orders against you that could last up to five years.

•The judge may also make other orders about your children, child support, spousal support, money, and property and may order you to turn in or sell any firearms that you own or possess.

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 www.courts.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Response (form MC-410). (Civ. Code, § 54.8.)

Clerk’s Certificate

[seal]

(Clerk will fill out this part.)

—Clerk's Certificate—

I certify that this Notice of Court Hearing is a true and correct copy of the original on file in the court.

Date:

 

Clerk, by

 

, Deputy

 

 

 

 

Revised January 1, 2019

Notice of Court Hearing

DV-109, Page 3 of 3

(Domestic Violence Prevention)

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dv109 writing process outlined (step 1)

2. Soon after the previous part is filled out, proceed to enter the relevant information in these: Name and address of court if, Hearing, Date, Date Dept, Time Room, Temporary Restraining Orders Any, Temporary Restraining Orders for, All GRANTED until the court, Reasons for denial of some or all, The facts as stated in form DV do, The facts do not describe in, Further explanation of reason for, and Judicial Council of California.

Stage # 2 of completing dv109

3. This step is hassle-free - fill out every one of the blanks in Case Number, Confidential Information Regarding, A Request to Keep Minors, If the request was granted the, Service of Documents by the Person, five, At least days before the hearing, DV Request for Domestic Violence, DV Temporary Restraining Order, and DV Response to Request for in order to complete the current step.

Tips on how to complete dv109 stage 3

4. You're ready to proceed to this next form section! In this case you'll have all these DV Proof of Service by Mail blank, DV Notice of Order Protecting, Other specify, Date, Judicial Officer, Right to Cancel Hearing, If item a or a is checked the, If you want to cancel the hearing, If you cancel the hearing do not, At the hearing the judge will, and You must come to the hearing if blank fields to complete.

Step no. 4 in completing dv109

Be really mindful when completing If you want to cancel the hearing and If item a or a is checked the, as this is the part where many people make a few mistakes.

5. Last of all, this final segment is what you will have to wrap up before using the form. The fields at this stage are the next: Case Number, To the Person in, The court cannot make the, For information about service, Read form DVINFO How to Ask for a, To the Person in, If you want to respond in writing, For information about responding, Respond to a Request for Domestic, and Whether or not you respond in.

The court cannot make the, For information about service, and To the Person in in dv109

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