FORM DV-125 INSTRUCTIONS

REISSUE NOTICE OF COURT HEARING AND
TEMPORARY RESTRAINING ORDER (DV-125)



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NOTE:
You will need a copy of the English-language Judicial Council form DV-125 to follow these instructions. Also:

 



Filling out the Caption on your form

Leave Blank. The clerk will stamp this area when the form is filed.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF” – write the name of the County where you are filing your case. Click here for location of courts.
Case Number: Write in the case number.

 



Filling out the rest of your form

Reissue Notice of Court Hearing and Temporary Restraining Order

This form tells the court that you need to have the Notice of Court Hearing and Temporary Restraining Order (Form DV-110) extended for a short time until your next court date. There are two reasons why you might need this form. These are:
  1. The Protected Person was not able to serve the Restrained Person in time for the first court hearing,

    • In this case, fill out and file this form at least one day before your scheduled court hearing to get a new court date. If the judge signs this form, you must attach a copy of the signed form to the original Temporary Restraining Order request. Serve both documents on the Restrained Person at least 21 days before your new court date, or as directed (told) on this Reissue Notice of Court Hearing and Temporary Restraining Order form.

  2. The Protected Person thought that the Restrained Person was served properly, but found out at the scheduled court hearing that this did not actually happen.

    • In this case, fill this form out when you get to court for your hearing and ask the judge to sign it. You must then file the form with the court clerk, and attach a copy of the signed form to the Temporary Restraining Order request. Serve both documents on the Restrained Person on or before the date you see written in by the clerk


1.

Write the name of the person who wants protection from the court. This person is called the “Protected Person.” If he or she does not have an attorney, write the P.O. box or mailing address where court papers can be delivered to the Protected Person.

IMPORTANT! If you do not want others to know where you live, be sure to use a different address where you will just get mail.


2.

Write the name of the person that you want the court to restrain (stop from doing something). This person is called the “Restrained Person.” Check the box next to M if the Restrained Person is a man (male), or Check the box next to F if this person is a woman (female). Write how tall the person is on the line next to “Ht.”. Write how much the person weighs on the line next to “Wt.”. Write the Restrained Person’s race, and write the color of his or her hair and eyes, age, and the date he or she was born on the next lines.


3.

  1. Write the hearing date that was listed on the front of your Notice of Court Hearing (Form DV-109) and Temporary Restraining Order (Form DV-110). If you have gotten a Reissue of the Temporary Restraining Order (this form) before, write the date of your last (most recent) reissued order.
  2. Write the number of times that you have had a Reissue of the Temporary Restraining Order granted and signed by a judge. If this is the first time that you are asking for a Reissue Temporary Restraining Order, you should put 0 (zero) in this space. If this is the second time you are requesting a Reissue of a Temporary Restraining Order then you should put 1 in this space. If this is the third time you are requesting a Reissue of a Temporary Restraining Order then you should put 2  in this space. If this is the fourth time you are requesting a Reissue of a Temporary Restraining Order then you should put 3 in this space.

It can be difficult to get the judge to approve another extension on your Temporary Restraining Order if you have gotten 3 or more extensions before.  You should be able to give a good reason for why this is needed in your case.

4.

Tell why you need the judge to have the Temporary Restraining Order (Form DV-110) last longer (be reissued):

  1. Check this box if YOU could not get the Restrained Person served before the date listed on the Temporary Restraining Order.
  2. Check this box if you had to change the date for your first court hearing to go to mediation or other Family Court services.
  3. Check this box if there is another reason why you need the Temporary Restraining Order extended. Write why on this line. 


5.

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


DO NOT WRITE ANYTHING IN THE BOX AT THE BOTTOM OF THIS FORM.

  • If the judge approves and signs this court form, the clerk will write the date for your new court hearing in the box at the bottom of the page (near the arrow pointing to Hearing Date). This is the date when you will have to return to court.