FORM DV-120 INSTRUCTIONS

ANSWER TO TEMPORARY RESTRAINING ORDER (DV-120)


NOTE:
You will need a copy of the English-language Judicial Council form DV-120 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: A court clerk will fill in your case number.
Hearing Date: Write the date, time, department and room number where your court hearing will be held. (You
will find this on DV-110.)



Filling out the rest of your form

Answer to Temporary Restraining Order

This form lets the Restrained Person tell the judge his or her side of the story. If you do not agree with what the Protected Person asked for on the Request for Order (Form DV-100), you must fill out and file this form at least 5 days before your court hearing (or by the number of days shown in item 19b. of that form.) Carefully read the Form DV-100 that the Protected Person filed before you answer the questions below.


1.

Write the name of the person who asked for the restraining order (Protected Person).


2.

Write your name, address, and phone number (unless you have an attorney — in that case, write your attorney’s name and address).

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


3.    Personal Conduct Orders:


Check this box if the Protected Person asked for Personal Conduct Orders by marking the box in 6 on Form DV-100 (page 2).

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.


4.    Stay-Away Order:

Check this box if the Protected Person asked for a Personal Stay-Away Order by marking the box in 7 on Form DV-100 (page 2).

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.


5.    Move-Out Order:

Check this box if the Protected Person asked for a Move-Out Order by marking the box in 8 on Form DV-100 (page 2).

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


6.    Child Custody:

Check this box if the Protected Person asked for Child Custody Orders by marking box 5 on Form DV-105 (page 1).

  1. 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 “do” agree with the order for child custody that the Protected Person asked for on Form DV-105, you can skip b. and c. and go on to the next question.

  2. Check this box if you do not think that you are the parent of the child or children that the Protected Person listed in 5 of Form DV-105.
  3. Check this box if you want a different child custody arrangement than the one the Protected Person listed in 5 of Form DV-105. Write what you think the court should order. Be sure to include information about who should make decisions about the child (legal custody) and where the child should live (physical custody).
  4. Check the box to show whether you “do” or “do not” agree to what the Protected Person asked for regarding this part of the restraining order.


7.    Visitation:

Check this box if the Protected Person asked for Child Visitation Orders by marking box 9 on Form DV-100 (page 2).

  1. 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 “do” agree with the order for visitation that the Protected Person asked for on Form DV-105, you can skip b. and go on to the next question.
  2. Check this box if you want a different visitation arrangement than the one the Protected Person listed on Form DV-105. Write what you think the court should order.


8.    Child Support:


Check this box if the Protected Person asked for Child Support Orders by marking box 9 on Form DV-100 (page 2).

  1. 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 “do” agree with the child support order that the Protected Person asked for on Form DV-105, you can skip b. and go on to the next question.
  2. Check this box if you do not agree with the order requested by the Protected Party, but you do agree to pay child support at the amount set by the California Guideline for child support. If you check this box, the Family Law Facilitator can help you figure out how much you would pay under the California guidelines. Contact the Family Law Facilitator at the court where the hearing will be held.
NOTE: If you check this box you must fill out, serve and file with the court an Income and Expense Declaration (Form FL-150) or a Financial Statement (Simplified) (Form FL-155). (Read page 2 of the FL-155 form to see if you can use it.)


9.    Spousal Support:

Check this box if the Protected Person asked for Spousal Support Orders by marking box 11 on Form DV-100 (page 2).

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


DV-120 continued on page 2