Form Dv 130 PDF Details

Understanding the complexities of the DV-130 form, officially known as the "Restraining Order After Hearing (Order of Protection)", is crucial for individuals seeking protection from domestic violence. This comprehensive legal document serves as a final restraining order, issued by the court after a hearing, providing a range of protections for the petitioner and any designated family or household members. It includes detailed personal information about the protected person and the restrained individual, guidelines on personal conduct prohibitions, stay-away orders, and even specifics on child custody, visitation, and support if applicable. Moreover, it addresses property control, debt payment responsibilities, and outlines restrictions regarding firearms. The DV-130 also serves as a critical tool in enforcing the Violence Against Women Act (VAWA) across the United States, ensuring nationwide recognition and enforcement of the orders contained within. Its instructions are clear on the legal consequences for non-compliance, emphasizing its role not just as a protective measure, but as a significant deterrent against further abuse. As a legal document prepared in the aftermath of a court hearing, it reflects the judicial system's commitment to safeguarding individuals from domestic violence, providing a structured and enforceable framework for their protection.

QuestionAnswer
Form NameForm Dv 130
Form Length6 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 30 sec
Other namesDV-130, dv130, California, dv 130

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DV-130

Restraining Order After Hearing

(Order of Protection)

 

 

1Name of Protected Person:

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

Name:

 

State Bar No.:

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:

 

 

 

 

 

 

 

 

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

2Name of Restrained Person:

Description of restrained person:

Fill in case number:

Case Number:

Sex:

 

M

F Height:

 

Weight:

 

 

Hair Color:

 

 

 

Eye Color:

 

 

Race:

 

 

 

 

 

 

 

 

Age:

 

Date of Birth:

 

 

Mailing Address (if known):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

 

 

 

State:

 

 

 

Zip:

 

 

Relationship to protected person:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3 Additional Protected Persons

In addition to the person named in 1 , the following persons are protected by orders as indicated in item

6

and 7 (family or household members):

 

 

 

 

 

 

 

Full name

 

Relationship to person in 1

Sex

 

Age

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Check here if there are additional protected persons. List them on an attached sheet of paper and write, “DV-130, Additional Protected Persons” as a title.

4Expiration Date

The orders, except as noted below, end on

(date):

 

at (time):

a.m. p.m. or

midnight

• If no date is written, the restraining order ends three years after the date of the hearing in item 5 (a).

•If no time is written, the restraining order ends at midnight on the expiration date.

•Note: Custody, visitation, child support, and spousal support orders remain in effect after the restraining order ends. Custody, visitation and child support orders usually end when the child is 18.

•The court orders are on pages 2, 3, 4 and 5 and attachment pages (if any).

This order complies with VAWA and shall be enforced throughout the United States. See page 5.

This is a Court Order.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2012, Mandatory Form Family Code, § 6200 et seq.

Approved by DOJ

Restraining Order After Hearing (CLETS—OAH)

DV-130, Page 1 of 6

(Order of Protection)

 

(Domestic Violence Prevention)

 

Case Number:

5Hearings

a.

The hearing was on (date):

 

with (name of judicial officer):

 

 

 

 

 

 

 

 

b.

These people were at the hearing (check all that apply):

 

 

 

 

 

The person in

1

The lawyer for the person in

1

(name):

 

 

The person in

2

The lawyer for the person in

2

(name):

 

c. The people in 1 and 2 at (time):

must return to court on (date):

a.m.

p.m.

to review (specify issues):

 

 

 

 

To the person in 2

6

The court has granted the orders checked below. Item 9 is also an order. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both.

Personal Conduct Orders

a. The person in 2 must not do the following things to the protected people in 1 and 3 :

Harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, or block movements.

Contact, either directly or indirectly, by any means, including, but not limited to, by telephone, mail, e-mail or other electronic means.

Take any action, directly or through others, to obtain the addresses or locations of any protected persons. (If this item is not checked, the court has found good cause not to make this order.)

b.Peaceful written contact through a lawyer or process server or another person as needed to serve legal paper is allowed and does not violate this order.

c.

Exceptions: Brief and peaceful contact with the person in 1 , and peaceful contact with children in 3 ,

 

as required for court-ordered visitation of children, is allowed unless a criminal protective order says

 

otherwise.

7

Stay-Away Order

a. The person in 2

must stay at least (specify):

 

 

The person in

1

 

 

 

 

 

 

The persons in

3

 

 

 

Home of person in

1

 

 

The job or workplace of person in 1

 

 

Vehicle of person in

1

yards away from: School of person in 1

The children’s school or child care Other (specify):

8

b.

Exceptions: Brief and peaceful contact with the person in 1, and peaceful contact with children in 3,

 

as required for court-ordered visitation of children, is allowed unless a criminal protective order says

 

otherwise.

Move-Out Order

The person in 2 must move out immediately from (address):

This is a Court Order.

Revised January 1, 2012

Restraining Order After Hearing (CLETS—OAH)

DV-130, Page 2 of 6

(Order of Protection)

 

(Domestic Violence Prevention)

Case Number:

9No Guns or Other Firearms or Ammunition

10

11

a.The person in 2 cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition.

b.The person in 2 must:

•Sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms within his or her immediate possession or control. This must be done within 24 hours of being served with this order.

•File a receipt with the court within 48 hours of receiving this order that proves guns have been turned in or sold. (Form DV-800, Proof of Firearms Turned In or Sold, may be used for the receipt.)

c. The court has received information that the person in 2 owns or possesses a firearm.

Record Unlawful Communications

The person in 1 has the right to record communications made by the person in 2 that violate the judge’s orders.

Animals: Possession and Stay-Away

The person in 1 is given the sole possession, care, and control of the animals listed below. The person in 2 must stay at least ______ yards away from and not take, sell, transfer, encumber, conceal, molest, attack, strike,

threaten, harm, or otherwise dispose of the following animals:

12

Child Custody and Visitation

Child custody and visitation are ordered on the attached Form DV-140, Child Custody and Visitation Order or (specify other form):

13 Child Support

Child support is ordered on the attached Form FL-342, Child Support Information and Order Attachment or (specify other form):

14 Property Control

Only the person in 1 can use, control, and possess the following property:

15 Debt Payment

The person in

2 must make these payments until this order ends:

 

 

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Check here if more payments ordered. Attach a sheet of paper and write, “DV-130, Debt Payments” as a title.

16 Property Restraint

The

person in 1

person in 2 must not transfer, borrow against, sell, hide, or get rid of or destroy

any property, including animals, except in the usual course of business or for necessities of life. In addition, the person must notify the other of any new or big expenses and explain them to the court. (The person in 2 cannot contact the person in 1 if the court has made a “Personal Conduct”order.)

Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order.

This is a Court Order.

Revised January 1, 2012

Restraining Order After Hearing (CLETS—OAH)

DV-130, Page 3 of 6

(Order of Protection)

 

(Domestic Violence Prevention)

Case Number:

17

Spousal Support

18

19

20

21

Spousal support is ordered on the attached Form FL-343, Spousal, Partner, or Family Support Order Attachment or (specify other form):

Lawyer’s Fees and Costs

The person in

2 must pay the following lawyer’s fees and costs:

 

 

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Payments for Costs and Services

The person in

2 must pay the following:

 

 

 

 

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Pay to:

 

 

For:

 

Amount: $

 

Due date:

Check here if more payments ordered. Attach a sheet of paper and write,“DV-130, Payments for Costs and Services” as a title.

Batterer Intervention Program

The person in 2 must go to and pay for a 52-week batterer intervention program and show written proof of completion to the court. This program must be approved by the probation department.

Other Orders

Other orders (specify):

22No Fee to Serve (Notify) Restrained Person

If the sheriff or marshal serves this order, he or she will do it for free.

23Service

a.

b.

The people in

1

and 2 were at the hearing or agreed in writing to this order. No other proof of service is

needed.

 

 

The person in

1

was at the hearing. The person in 2 was not.

(1) Proof of service of Form DV-109 and Form DV-110 (if issued) was presented to the court. The judge’s orders in this form are the same as in Form DV-110 except for the end date. The person in 2 must be served. This order can be served by mail.

(2) Proof of service of Form DV-109 and Form DV-110 (if issued) was presented to the court. The judge’s orders in this form are different from the orders in Form DV-110, or Form DV-110 was not

issued. Someone—not the people in 1 or 3 —must personally “serve” a copy of this order to the person in 2 .

24

Criminal Protective Order

a.

 

Form CR-160, Criminal Protective Order—Domestic Violence, is in effect.

 

 

Case Number:

 

County:

 

Expiration Date:

 

 

 

(If more orders, list them on extra sheet of paper and write, “DV-130, Other Criminal Protective

 

 

Orders” as a title.)

 

 

 

 

b.

 

No information has been provided to the judge about a criminal protective order.

 

This is a Court Order.

Revised January 1, 2012

Restraining Order After Hearing (CLETS—OAH)

DV-130, Page 4 of 6

(Order of Protection)

 

(Domestic Violence Prevention)

Case Number:

25 Attached pages are orders.

•Number of pages attached to this six-page form:

•All of the attached pages are part of this order.

•Attachments include (check all that apply):

DV-140 DV-145 DV-150 FL-342 FL-343

Other (specify):

Date:

Judge (or Judicial Officer)

Certificate of Compliance With VAWA

This restraining (protective) order meets all “full faith and credit” requirements of the Violence Against Women Act, 18 U.S.C. § 2265 (1994) (VAWA) upon notice of the restrained person. This court has jurisdiction over the parties and the subject matter; the restrained person has been or will be afforded notice and a timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in each jurisdiction throughout the 50 states of the United States, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction.

Warnings and Notices to the Restrained Person in 2

If you do not obey this order, you can be arrested and charged with a crime.

•If you do not obey this order, you can go to jail or prison and/or pay a fine.

•It is a felony to take or hide a child in violation of this order.

•If you travel to another state or to tribal lands or make the protected person do so, with the intention of disobeying this order, you can be charged with a federal crime.

You cannot have guns, firearms, and/or ammunition.

You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, and/or ammunition while the order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control. The judge will ask you for proof that you did so. If you do not obey this order, you can be charged with a crime. Federal law says you cannot have guns or ammunition while the order is in effect.

Instructions for Law Enforcement

Start Date and End Date of Orders

The orders start on the earlier of the following dates:

• The hearing date in item 5 (a) on page 2 or

•The date next to the judge’s signature on this page.

The orders end on the expiration date in item 4 on page 1. If no date is listed, they end three years from the hearing date.

This is a Court Order.

Revised January 1, 2012

Restraining Order After Hearing (CLETS—OAH)

DV-130, Page 5 of 6

(Order of Protection)

 

(Domestic Violence Prevention)

Case Number:

Arrest Required If Order Is Violated

If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order, the officer must arrest the restrained person. (Penal Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6.

Notice/Proof of Service

Law enforcement must first determine if the restrained person had notice of the orders. If notice cannot be verified, the restrained person must be advised of the terms of the orders, If the restrained person then fails to obey the orders, the officer must enforce them. (Family Code, § 6383.)

Consider the restrained person “served” (noticed) if:

•The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or

•The restrained person was at the restraining order hearing or was informed of the order by an officer. (Fam. Code, § 6383; Pen. Code, § 836(c)(2).) An officer can obtain information about the contents of the order in the Domestic Violence Restraining Orders System (DVROS). (Fam. Code, § 6381(b)(c).)

If the Protected Person Contacts the Restrained Person

Even if the protected person invites or consents to contact with the restrained person, the orders remain in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, §13710(b).)

Child Custody and Visitation

• The custody and visitation orders are on Form DV-140, items 3 and 4.. They are sometimes also written on additional pages or referenced in DV-140 or other orders that are not part of the restraining order.

•Forms DV-100 and DV-105 are not orders. Do not enforce them.

Enforcing the Restraining Order in California

Any law enforcement officer in California who receives, sees, or verifies the orders on a paper copy, the California Law Enforcement Telecommunications System (CLETS), or in an NCIC Protection Order File must enforce the orders.

Conflicting Orders

A protective order issued in a criminal case on Form CR-160 takes precedence in enforcement over any conflicting civil court order. (Pen. Code, § 136.2(e)(2).) Any nonconflicting terms of the civil restraining order remain in full force. An emergency protective order (Form EPO-001) that is in effect between the same parties and is more restrictive than other restraining orders takes precedence over all other restraining orders. (Pen. Code, § 136.2.)

(Clerk will fill out this part.)

—Clerk’s Certificate—

Clerk’s Certificate

I certify that this Restraining Order After Hearing (Order of Protection) is a true and

[seal]

correct copy of the original on file in the court.

 

 

Date:

 

 

Clerk, by

 

, Deputy

 

 

 

 

 

 

 

 

 

This is a Court Order.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised January 1, 2012

Restraining Order After Hearing (CLETS-OAH)

DV-130, Page 6 of 6

(Order of Protection)

 

(Domestic Violence Prevention)

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This document will need particular info to be filled out, therefore make sure you take some time to provide what is required:

1. You need to complete the dv 130 properly, so be attentive while filling out the areas that contain these blanks:

Writing segment 1 in DV-140

2. The next part is usually to complete these particular fields: Sex Race Mailing Address if known, Additional Protected Persons, State, Zip, In addition to the person named in, Full name, Relationship to person in, Sex, Age, Check here if there are additional, Expiration Date The orders except, date, at time, pm or, and midnight.

Best ways to complete DV-140 step 2

3. In this specific stage, examine Case Number, Hearings, The hearing was on date with name, The person in, The person in, The lawyer for the person in name, The lawyer for the person in name, The people in and must return to, To the person in, The court has granted the orders, and Personal Conduct Orders a. All these will have to be filled out with highest accuracy.

Stage # 3 in completing DV-140

4. Filling in Personal Conduct Orders a, The person in must not do the, Harass attack strike threaten, Peaceful written contact through a, Exceptions Brief and peaceful, StayAway Order a, The person in must stay at least, The person in The persons in Home, School of person in The childrens, Exceptions Brief and peaceful, and MoveOut Order The person in must is key in this next stage - be sure to spend some time and fill in each and every empty field!

DV-140 conclusion process described (step 4)

Many people often make errors while filling in Harass attack strike threaten in this section. Ensure you re-examine what you type in here.

5. Finally, this final segment is precisely what you should wrap up prior to finalizing the PDF. The blank fields in question include the following: MoveOut Order The person in must, This is a Court Order, Revised January, Restraining Order After Hearing, Order of Protection, Domestic Violence Prevention, and DV Page of.

Part # 5 in filling out DV-140

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