Dv 116 Form PDF Details

The DV-116 form, a critical document within the realm of domestic violence prevention, serves a paramount function by determining the course of legal action in situations where a request to continue (reschedule) a hearing regarding a Temporary Restraining Order (TRO) is made. It meticulously outlines the conditions under which a protected party or restrained party can request the rescheduling of a court hearing, addressing both the denial and approval processes for such requests. Importantly, it mandates the extension of any previously granted TROs until the new court date, thus ensuring continuous protection for the individuals involved. Besides its primary function, the form includes instructions on serving the order to the other party, a crucial step for legal compliance and enforcement. It further specifies that serving the order can be facilitated by the sheriff or marshal at no cost, lowering barriers for those seeking protection. Additionally, the form highlights the court's capability to make accommodations for persons with disabilities, ensuring access to justice for all individuals, and mandates the entry of any modified TRO into the California Law Enforcement Telecommunication System (CLETS) by the clerk, ensuring immediate enforcement capabilities. With its comprehensive structure, the DV-116 form plays an essential role in the judicial system's response to domestic violence, balancing procedural requirements with the urgent need for protection and justice.

QuestionAnswer
Form NameDv 116 Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namescalifornia dv request hearing, dv 116 domestic form, ca order continue hearing, california dv 116

Form Preview Example

DV-116 Order on Request to Continue Hearing

Complete items 1 and 2 only.

1Protected Party:

2Restrained Party:

The court will complete the rest of the this form

Clerk stamps date here when form is filed.

Fill in court name and street address:

3Next Court Date

a. The request to reschedule the court date is denied. Your court date is:

(1)Any Temporary Restraining Order (form DV-110) already granted stays in full force and effect until the next court date.

(2)Your court date is not rescheduled because:

Superior Court of California, County of

Fill in case number:

Case Number:

b.

The request to reschedule the court date is granted. Your court date is rescheduled for the day and time listed below. See 4 – 8 for more information.

Name and address of court, if different from above:

New Ł Date:

Time:

Court

 

 

 

 

 

 

Dept.:

Room:

Date

 

 

 

 

 

 

4Temporary Restraining Order

a. There is no Temporary Restraining Order (TRO) in this case until the next court date because:

(1) A TRO was not previously granted by the court.

(2) The court terminates (cancels) the previously granted TRO because:

b. A Temporary Restraining Order (TRO) is in full force and effect because:

(1)

The court extends the TRO previously granted on(date):

It now expires on (date):

(If no expiration date is listed, the TRO expires at the end of the court date listed in 3b).

(2) The court changes the TRO previously granted and signs a new TRO (form DV-110).

c. Other (specify):

Warning and Notice to the Restrained Party: If 4 b is checked, a domestic violence restraining order has been issued against you. You must follow the orders until they expire.

This is a Court Order.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Mandatory Form Family Code, § 245

Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TRO)

DV-116, Page 1 of 3

(Domestic Violence Prevention)

Case Number:

5Reason Court Date Is Rescheduled

a. There is good cause to reschedule the court date (check one):

(1) The protected party has not served the restrained party.

(2) Other:

b. This is the first time that the restrained party has asked for more time to prepare.

c. The court reschedules the court date on its own motion.

6Serving (Giving) Order to Other Party

The request to reschedule was made by the:

a.

Protected party

b.

Restrained party

(1)

 

You do not have to serve the

 

You do not have to serve the

 

(1)

 

 

restrained party because they

 

protected party because they

 

 

or their lawyer were at the

 

or their lawyer were at the

 

 

court date or agreed to

 

court date or agreed to

 

 

reschedule the court date.

 

reschedule the court date.

(2)

 

You must have the restrained

(2)

You must have the protected

 

 

 

party personally served with a

 

 

party personally served with a

 

 

 

 

copy of this order by

 

 

copy of this order and a copy

 

 

 

 

(date):

 

 

of all documents listed on

 

 

 

 

 

 

 

 

 

 

 

form DV-109, item 6 , by

 

 

 

 

 

 

 

 

(date):

 

 

 

 

 

 

 

 

(3)

 

You must have the restrained

(3) You must have the protected

 

 

party served with a copy of

 

party served with a copy of

 

 

this order. This can be done

 

this order. This can be done

 

 

by mail. You must serve by

 

by mail. You must serve by

 

 

(date):

 

 

(date):

 

 

(4)

 

 

 

 

 

 

(4)

 

Other:

 

The court gives you

 

 

 

permission to serve the

 

 

 

 

 

 

 

 

restrained party as listed on

 

 

 

 

 

 

 

 

the attached form DV-117.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(5)

 

Other:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c.

(1)

(2)

(3)

Court

Further notice is not required.

The court will mail a copy of this order to all parties by (date):

.

Other:

This is a Court Order.

Revised January 1, 2020

Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TRO)

DV-116, Page 2 of 3

(Domestic Violence Prevention)

Case Number:

7No Fee to Serve

The sheriff or marshal will serve this order for free.

Bring a copy of all the papers that need to be served to the sheriff or marshal.

8

Other Orders

Date:

Judicial Officer

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.htm for Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civ. Code, § 54.8.)

Instructions to Clerk

If the hearing is rescheduled and the court extended, modified, or terminated a temporary restraining order, then the court must enter this order into CLETS or send this order to law enforcement to enter into CLETS. This must be done within one business day from the day the order is made.

Clerk’s Certificate

[seal]

—Clerk's Certificate—

I certify that this Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TRO) (form DV-116) is a true and correct copy of the original on file in the court.

Date:

 

Clerk, by:

 

, Deputy

This is a Court Order.

Revised January 1, 2020

Order on Request to Continue Hearing

 

 

(Temporary Restraining Order) (CLETS-TRO)

 

 

(Domestic Violence Prevention)

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

Save this form

 

 

 

 

 

 

 

 

DV-116, Page 3 of 3

Clear this form

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Concentrate when filling out this document. Ensure all mandatory fields are filled out correctly.

1. It is advisable to complete the dv 116 domestic form properly, therefore be attentive when filling in the sections including these specific blank fields:

Stage no. 1 in filling in california 116 form

2. After the previous section is filled out, proceed to enter the suitable details in these - Temporary Restraining Order, There is no Temporary Restraining, A TRO was not previously granted, The court terminates cancels the, A Temporary Restraining Order TRO, The court extends the TRO, date, If no expiration date is listed, The court changes the TRO, Warning and Notice to the, If b is checked a domestic, restraining order has been issued, until they expire, Other, and specify.

california 116 form conclusion process described (part 2)

3. Your next stage is generally easy - complete all the form fields in Case Number, Reason Court Date Is Rescheduled, There is good cause to reschedule, The protected party has not served, Other, This is the first time that the, The court reschedules the court, Serving Giving Order to Other Party, The request to reschedule was made, Protected party, Restrained party, and Court in order to complete the current step.

Step number 3 for submitting california 116 form

4. This next section requires some additional information. Ensure you complete all the necessary fields - Protected party, Restrained party, Court, You do not have to serve the, You must have the restrained party, date, You must have the restrained party, Further notice is not required, You do not have to serve the, You must have the protected party, The court will mail a copy of this, You must have the protected party, Other, The court gives you permission to, and Other - to proceed further in your process!

Guidelines on how to fill out california 116 form stage 4

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5. Last of all, this last subsection is what you should wrap up prior to closing the PDF. The blanks here are the next: This is a Court Order, Revised January, Order on Request to Continue, DV Page of, Temporary Restraining Order, and Domestic Violence Prevention.

Part number 5 for filling in california 116 form

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