FORM DV-130 INSTRUCTIONS

RESTRAINING ORDER AFTER HEARING
(ORDER OF PROTECTION) (DV-130)



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NOTE:
You will need a copy of the English-language Judicial Council form DV-130 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

Restraining Order After Hearing (Order of Protection)

This is the form that must be filled out after your court hearing to show what the judge has ordered.


1.

Write the name of the person who asked for a protection order 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 are the Protected Person and 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 names and ages of any other people who live with you all the time who also need to be protected from the Restrained Person. You can only list names of people who live with you all the time.

3.

Write the name of the person that the court order says will be restrained (stopped 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 “Height.”. Write how much the person weighs on the line next to “Weight.”. 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. Write the person’s relationship to the Protected Person. For example, the Restrained Person could be the husband or wife, boyfriend or girlfriend, father-in-law, aunt or fiancée of the Protected Person.

4.
Fill in the information asked for in this box.

Write the date and time of the court hearing when the judge issued (approved) the Restraining Order you asked for.

Write the date and time when the Restraining Order will end (expire). If the judge didn’t give you a date when the Restraining Order will end, the court order will end at midnight three years from the date that the Order was made.

5.

Check this box if the judge has set another court date to review your case. Write the date, time and place of the hearing and list the issues that the judge wants to consider at that hearing.

At the top of page 2, DV-130

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


6.    Personal Conduct Orders:
Check this box to tell the Restrained Person which of their actions the court is ordering them not to do to persons who are protected (those listed in 1 and 2, “the Protected Person” and “Other Protected Persons”).

  1. Check this box if the Restrained Person is ordered not to: harass, attack, strike, threaten, assault, hit, follow stalk, molest, destroy personal property, disturb the peace of, keep under surveillance or block the movement of the Protected Person listed in 1 or do these actions to the other protected persons listed in 2 .
  2. Check this box if the Restrained Person is ordered not to contact the Protected Person or the Other Protected Persons (directly or indirectly) by telephone, mail, or e-mail.
    1. Check this box if the Restrained Person is allowed some peaceful contact
  3. Check this box if the Restrained Person is ordered not to take any action, directly or through others, to get addresses or locations of any Protected Person or their family members, caretakers, or guardians.
    The Restrained Person is allowed to peacefully serve legal papers through a process server or another person on the Protected Person.
  4. Check this box if there is a Criminal Protective Order (Form CR-160) in effect. If there is, write the case number, county in which the Protective Order was issued, and the expiration date. (If there are other Orders, list them in item 17 on page 3 of this form.)

7.    Stay Away Order:
Check this box if the judge ordered the Restrained Person to stay a certain distance away from the Protected Person, children, or other protected people.

  1. Write how many yards the Restrained Person must stay away from the Protected Person listed in 1
    1. Check this box if the judge ordered the Restrained Person to stay away from the Protected Person’s home, vehicle or school.
    2. Check this box if the judge ordered the Restrained Person to stay away from the Protected Person’s job or workplace.
    3. Check this box if the judge ordered the Restrained Person to stay away from the Other Protected Persons listed in 2
    4. Check this box if the judge ordered the Restrained Person to stay away from the child’s school or place of child care.
    5. Check this box if the judge ordered the Restrained Person to stay away from any other places. (Write the places here.)
  2. Check this box if you and the Restrained Person are joint parents of children and the judge will allow some peaceful contact between you and your children and the Restrained Person to follow a court ordered visitation schedule.

8.    Move-Out Order:
Check this box if the Restrained Person must move out of a shared residence. Write that address here.

9.    Child Custody and Visitation:

Check this box if the judge ordered child custody and visitation either on Form DV-140 or on some other form. If another form was used to order custody and visitation, write the name of the form here. You must attach either a Child Custody and Visitation Order (Form DV-140) or the other Restraining Order After Hearing (Form DV-130) (this form).

10.    Child Support:

Check this box if the judge ordered child support either on Form DV-160 or on some other form. If another form was used to order child support, write the name of the form here. You must attach either a Child Support Order (Form DV-160) or the other child support order to DV-130 (this form).

11.    Spousal Support

Check this box if the judge ordered spousal support either on Form FL-343 or on some other form. If another form was used to order spousal support, write the name of the form here. You must attach either a Spousal, Partner, or Family Support Order Attachment (Form FL-343) or the other form to DV-130 (this form).

12.    Animals: Possession and Stay-Away Order

Check this box if the judge ordered that you are the only one who can own, care for, and control the animal(s) you list.

Write the number of yards that the Restrained Person has been ordered to stay away from the animal(s). The Restrained Person cannot take, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm, or deal in any other way with the animal(s) you list. Write the name of the animal, with a short description. For example: “Tom, pet Persian cat,” or “Suzy, pet poodle.”

13.

This item tells the Restrained Person that he or she must sell to a licensed gun dealer or turn in to police any guns or firearms that he or she owns or controls. He or she must prove to the court that this has been done.

c. Check this box if the judge knows that the Restrained Person has or owns any guns.

At the top of page 3, DV-130

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


14.    Record Unlawful Communications:
Check this box if the Protected Person is allowed to record communications made by the Restrained Person that disobey this court order.

15.    Batterer Intervention Program:

Check this box if the Restrained Person must go to and pay for a 52-week batterer’s intervention program that has been approved by the county Probation Department.

16.    No Fee to Notify Restrained Person:

You may have the sheriff or marshal serve (give a copy of your court papers to the person to be restrained) for you.

17.    Other orders:

Check this box if the judge made other orders such as who is going to control what property, to pay for your debts, to pay for attorney’s fees, to restore or pay for something (restitution), and/or any other order the judge made either on Form DV-170 or some other form. If another form was used, write the name of the form here. You must attach either Other Orders (Form DV-170) or the other form to DV-130 (this form).

18.    Service:

  1. Check this box if both the Protected Person and the Restrained Person were at the court hearing, or agreed in writing to this order, so no other proof of service is needed.
  2. Check this box if only the Protected Person was at the court hearing but the Restrained Person was not.  If the Proof of Service of Notice of Court Hearing (Form DV-109) and of Temporary Restraining Order (Form DV-110) were presented to the court and:

    1. Check this box if the judge’s orders on this form are exactly the same as those on Form DV-110.

      This means the Restrained Person may be served by mail or by personal service through the sheriff, marshal, professional process service or another adult not protected by the order (that is someone other than you.)

    2. Check this box if the judge’s orders on this form are different from those listed on Form DV-110.

This means that an adult who is NOT part of the court case must personally serve this form on the Restrained Person.


19.    Attached Pages Are Orders:

  • Write the number of pages that are attached to this court form.
  • Note that all of the attached pages are part of this order.
  • Check each of the boxes that apply to your case.
Check DV-140 if the court ordered child custody and visitation;

Check DV-145 if the court ordered that the Restrained Person cannot take the child/children anywhere;

Check DV-150 if the court ordered supervised visitation;

Check DV-160 if the court ordered child support;

Check DV-170 if the court made other orders related to property control, debt, attorneys fees, restitution;

Check FL-343 if the court ordered spousal support;

Check “Other” if the court made any other orders, not already included in this form. Write them here.

The judge signs and dates the order on the blank lines.


At the top of page 4, DV-130

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

This page has instructions for law enforcement


At the top of page 5, DV-130

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

This page has warnings and Notices to the Restrained Person. They tell the Restrained Person what will happen if they don’t do what the judge ordered.


Leave the end of the form blank.

A court clerk dates and signs the “Clerk’s Certificate.”