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(Continued from page 1)


FORM DV-120 INSTRUCTIONS

ANSWER TO TEMPORARY RESTRAINING ORDER (DV-120)




At the top of page 2, DV-120

Fill out the caption boxes as follows:
Write your name.
Case Number: Write in the case number. - (the same number as on
page 1)


10.    Property Control:

Check this box if the Protected Person asked for Property Control by marking box 12 on the Request for Order (Form DV-100) (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.

If you disagree with the property controls the protected person asked for, you can tell the court why as instructed in 20 below. You can ask also use that section to tell what property controls you want the judge to order.


11.    Debt Payment:

Check this box if the Protected Person asked for Debt Payments by marking box 14 on the Form DV-100 (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.

If you disagree with the debt payments the protected person asked for, you can tell the court why as instructed in 20 below. You can ask also use that section to tell what debt payments you want the judge to order.


12.    Property Restraint:

Check this box if the Protected Person asked for Property Restraint by marking box 15 on the Form DV-100 (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.

If you disagree with the property restraints the protected person asked for, you can tell the court why as instructed in 20 below. You can ask also use that section to tell what property restraints you want the judge to order.


13.    Attorney Fees and Costs:

Check this box if the Protected Person asked for Attorney Fees by marking box 16 on the Form DV-100 (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.


14.    Payments for Costs and Services:

Check this box if the Protected Person asked for Payments for Costs and Services by marking box 17 on the Form DV-100 (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.


15.    Animals

Check this box if the Protected Person asked for an Animals: Possession and Stay-Away Order by marking box 13 on the Form DV-100 (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.

If you disagree with the animal possession and stay-away order the protected person asked for, you can tell the court why as instructed in 20 below. You can ask also use that section to tell what you want the judge to order.


16.    Batterer Intervention Program:

Check this box if the Protected Person asked for you to attend a Batterer Intervention Program by marking box 18 on the Form DV-100 (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.


17.    Other Orders:

Check this box if the Protected Person asked for Other Orders by marking box 21 on the Form DV-100 (page 3).

Check the box next to “do” or “do not” to tell the judge if you agree or not with what the Protected Person asked for regarding this part of the restraining order.


18.    Turn in Guns or Other Firearms:

You must check this box whether or not you have any guns or firearms.

The law says that no one is allowed to own or have any guns or other firearms if they are restrained by a court order because of domestic violence. This means you cannot own, have, buy, borrow, or be given any guns or firearms while the restraining order is in effect. If you are caught with a gun or firearm, you can go to jail and/or be fined $1,000.00. Check all of the boxes that apply to you.

  1. Check this box if you do not own, control, or have guns or firearms of any kind.
  2. Check whether you “have” or “have not” turned in your guns to the police or to a licensed gun dealer.
  3. Check this box if you have a receipt showing that you have already turned in any guns or firearms that you own, have, or control. Check whether you are attaching a copy of that receipt, or if you have already filed the receipt with the court.

NOTE: You must file a receipt showing that you have turned in all your guns or other firearms with the court no later than 48 hours after you receive (are served) Temporary Restraining Order and Notice of Hearing (Form DV-110).

If you have already filed the receipt with the court, complete and file Proof of Firearms Turned in or Sold (Form DV-800).


19.    I ask the Court to Order Payment of My:

Check this box if you want the court to order the Protected Person to pay legal fees or court costs you have because of this court action.

NOTE: If you check this box you must fill out, serve and file with the court an Income and Expense Declaration (Form FL-150).

  1. Check this box if you want the Protected Person to pay for the attorney fees you have because you had to defend yourself against this restraining order. If you are asking for attorney’s fees, you must fill out, serve the protected person, and file Form FL-150 with the court.
  2. Check this box if you want the Protected Person to pay other expenses you may have because you had to defend yourself against this restraining order. If you check this box, write what expenses you have and how much they cost.

There is room on this form for two items of expense, with their amounts. After “Item” write what you spent money on, and after “Amount: $” write how much you spent.

NOTE: If you need more room to write in your expenses you can use: Additional Page (Form MC-020).


20.    My answer to the statements in DV-100 and other requests:

Check this box if you do not agree with other things the Protected Person asked for in question 22 on Form DV-100.

If you do not agree with what the Protected Person asked for on the Request For Restraining Order (Form DV-100), explain why on a separate page. At the top of that page write “DV-120, Item 19 — More Information”. Then give enough information and detail so that the judge will be able to understand your side of the case as to what happened. Include any evidence that you have showing that what you say is true. If you are asking for a different child custody and visitation plan than the one the Protected Person asked for, be sure to say why your plan will be "best" for your child.


21.

Write the date, then print, and sign your name.  You are promising under penalty of perjury that every thing you have written on this form is true and correct.