DV-120: California Response to Request for Domestic Violence Restraining Order

Fill in the court name and street address (Superior Court of California, County of) and the Case Number.

Enter the Name of Person Asking for Protection and Your Name.

Enter the Address where you can receive court papers: the address where you can receive court papers will be used by the court and by the person asking for a restraining order against you (when the restraining order forms say “the person in”, that can mean you or this person) to send you official court dates, orders, and papers.

Enter the Address, City, State and Zip.

For privacy, you may use another address like a post office box, a Safe at Home address, or another person's address, if you have their permission and can get your mail regularly.

To answer the questions, look at the form DV-100.

Item 4, Information About You (see item 2 on form DV-100): Your name, age, gender, and date of birth are listed. If any of the information is incorrect, use the space to give the correct information.

Check Yes or No: did the person asking for a restraining order against you describe your relationship correctly on form DV-100? If no, write what your relationship is with them.

Other court cases or restraining orders involving you may be listed. If information is incorrect or missing, use the space to give information. Check here if you are including a copy of restraining order or court order that you want the judge to know about.

For each order, check I agree to the order requested or I do not agree to the order requested; explain why you disagree, or describe a different order that you would agree to.

Item 7, Other Protected People: If the judge grants a restraining order, it can include family or household members. See item on form DV-100 to see if the person is asking for other people to be protected by the restraining order.

The orders, in the form's order: Order to Not Abuse, No-Contact Order, Stay-Away Order, Order to Move Out, Other Orders, Protect Animals, Control of Property, Health and Other Insurance, Record Communications, Property Restraint, Pay Debt (Bills) Owed for Property, Pay Expenses Caused by the Abuse, Spousal Support, Batterer Intervention Program, Transfer Wireless Phone Account, Cannot Look for Protected People.

Enter the number of pages attached to this form, if any.

Enter the Date: you declare under penalty of perjury under the laws of the State of California that the information is true and correct.

Your contact information (optional): the court could use this information to contact you; if you don't want the person asking for a restraining order against you to have this information, leave it blank or provide a safe phone number or email address. Enter the Email Address, Telephone and Fax.

Under Your lawyer's information (if you have one), enter the Name, State Bar No. and Firm Name.

Check I am not the parent of the children listed in form DV-105, Request for Child Custody and Visitation Orders.

Check I am the parent of the children listed in form DV-105 and check one: (1) I agree to the orders requested or (2) I do not agree to the orders requested.

Complete form DV-125, Response to Request for Child Custody and Visitation Orders, and attach it to this form.

Check I agree to the order requested, or I do not agree to the order requested, or I agree to pay guideline child support.

Item 23, Lawyer's Fees and Costs: If the person checked item on form DV-100, this means that they have asked the judge to order you to pay lawyer's fees and costs. You may also ask for lawyer's fees and costs.

The judge can order the person asking for a restraining order against you to pay your lawyer's fees and costs. When the forms say “the person in” here, they mean this person. The judge can do so if: (1) The request for restraining order is denied; (2) The judge decides that the request was frivolous or was made only to abuse, intimidate, or cause unneeded delay; and (3) that person can afford to pay.

Check here if you want the person to pay for some or all of your lawyer's fees and costs.

If you were served with form DV-110, Temporary Restraining Order, you must follow the orders in item 5 on form DV-110. You must file a receipt with the court from the law enforcement agency or a licensed gun dealer within 48 hours after you received form DV-110.

Check all that apply: I do not own or have any prohibited items (firearms (guns), prohibited firearm parts, or ammunition), or I have turned in all prohibited items that I have or own to law enforcement or sold/stored them with a licensed gun dealer.

A copy of the receipt showing that I turned in, sold, or stored the prohibited items (check all that apply): is attached, or has already been filed with the court.

Check I ask for an exception to carry a firearm or ammunition for work, then complete (1) to (3): (1) Are you a sworn peace officer? (2) Are there any orders or state or federal laws that prohibit you from having firearms or ammunition? Explain if yes or if you don't know. (3) Explain what your job is and why you need a firearm or ammunition.

You must follow any orders to turn in, sell, or store prohibited items until the judge decides whether to grant you an exception. Before an exception can be granted, you will be required to show the judge that (1) carrying a firearm or ammunition is required for your work and (2) your employer is unable to reassign you to another position where carrying a firearm or ammunition is not necessary.

If you were served with form DV-110, Temporary Restraining Order, you are prohibited from owning, possessing, or buying body armor. You must also relinquish any body armor you have in your possession.

Check all that apply: I do not own or have any body armor; I have relinquished all body armor that I have in my possession; or I was granted an exception, or will ask for an exception, to have body armor.

This exception is granted by a chief of police or sheriff under Penal Code section 31360(c). Attach a copy of the letter granting permission, if you have one.

Explain why you do not agree to any of the orders requested (give specific facts and reasons). Check here if you need more space, attach a sheet of paper and write “DV-120, Additional Reasons I Do Not Agree with the Request” at the top.

30 My Out-of-Pocket Expenses: If the request for restraining order is denied by the judge at the court hearing, I ask the judge to order the person asking for a restraining order against me to pay my out-of-pocket expenses because the temporary restraining order was granted without enough supporting facts. When the forms say “the person in” here, they mean the person asking for a restraining order against you. For each expense enter For, Because and Amount.

Your Lawyer's Signature (if you have one): enter the Date and the Lawyer's name; the lawyer signs on the Lawyer's signature line.

Turn in your completed form with the court.

There is no cost to file this form with the court.

Do not use this form to ask for your own restraining order.