Welcome to FreeDivorce.com.
Christina: This is Christina.
Ed: This is Ed. This is our second video that discusses the various court forms you need to fill out in order to start your application for a domestic violence restraining orders. We talked about the DV-100 in the previous video. Now, we are going to talk about the other court forms you will need.
Ed: As we mentioned in our last video, the very first part of the DV-100 tells you that you also have to submit a form called, “CLETS-001”. Christina, what is the CLETS-001 form?
Christina: If you submit a DV-100 to the court, you must also complete and submit to the court a CLETS-001. This is a one-page confidential information form. The purpose of the form is to give law enforcement agencies information they can use to enforce any restraining orders. You can find the CLETS-001 form in our Court Forms Database. Pull up the form from our database and fill in as much of the information as you can. Although this form is a domestic violence form, it does not start with the letters, “DV”. It starts with the letters, “CLETS”.
Ed: In addition to filling out the DV-100 and the CLETS-001 forms, do I also need to fill out the DV-110 form?
Christina: You want the judge to read your DV-100 on the day you submit it to the court and you want the judge to decide to immediately issue Temporary Restraining Orders, which are also called TROs. If the judge reads your paperwork and decides to issue immediate TROs, those Temporary Restraining Orders will go into effect immediately and they will stay in effect until the hearing takes place on your DV-100. The TROs, if granted, need to be set forth on a Judicial Council form. The Judicial Council form is called, “Temporary Restraining Order”, and goes by the number DV-110. You should complete the DV-110 and submit it to the court along with your DV-100 and your CLETS-001.
Ed: Is the DV-110 contained in our Court Forms Database?
Christina: Yes. When you fill out the DV-110, you want it to match your DV-100. In other words, whatever restraining orders you requested in your DV-100, you are going to check the boxes for the same restraining orders on your DV-110. If you asked for Personal Conduct Orders on your DV-100, then check the boxes for a Personal Conduct Order on your DV-110. However, don’t check any of the three boxes located next to each TRO order that read, “Not requested”; “Denied until the hearing”; or “Granted as follows”. Those boxes are for the judge to check after the judge has read your paperwork.
Ed: When the judge reads my DV-100, won’t the judge grant all the TROs I requested?
Christina: When you fill out and file the DV-100 and the DV-110, you hope the judge will read your paperwork and decide to grant all of the temporary restraining orders you have requested. However, the judge may not grant some or all of the temporary restraining orders you requested. You will see on the DV-110 that there are three boxes after each TRO. One box reads, “Not requested”. A second box reads, “Denied until the hearing”. A third box reads, “Granted as follows”. After the judge reads your DV-100, the judge will decide which TROs should be granted and which should be denied until the hearing. The judge will then check the appropriate boxes after each TRO on the DV-110. Some judges, if they deny your TROs, may also cross out the TROs and stamp “denied” over those TROs that were denied. After the judge decides which TROs should be granted or denied, the judge will date and sign the DV-110 on page 4.
Ed: If the judge reads my DV-100 and denies some or all of my requested TROs, that means I have lost my case?
Christina: No. If the judge denies some or all of your requested TROs, this does not mean you have lost your request for those restraining orders. It simply means the judge did not feel it was necessary to issue those restraining orders on an immediate basis. The judge felt the situation wasn’t an emergency and matters can wait until the time of the hearing. At the time of the hearing, the judge, after hearing from both parties, may decide to grant all of the restraining orders you requested.
Ed: Will the judge issue immediate TROs for child support and spousal support before any hearing takes place?
Christina: No. If you look at the DV-110, you will see that it is not structured for a judge to issue a TRO for child support or spousal support. Child support and spousal support orders are not granted on an emergency basis. You will have to wait until the hearing for the judge to make a support order.
Ed: Do I fill out section #4 on page 1 of the DV-110?
Christina: No. Don’t fill out section #4 on page 1 under, “Court Hearing”. The court will fill in the date and time of the hearing, at which time any TROs will expire.
Ed: In addition to filling out the DV-100, the CLETS-001, and the DV-110, do I also have to fill out the DV-109?
Christina: In addition to your DV-100, CLETS-001; and DV-110, you will need a form called, “Notice of Court Hearing”, which is DV-109. You can find this form in our Court Forms Database. You only fill out items #1 and #2 on the DV-109. The court will fill out the rest of the form.
Ed: Are there any other forms I will need to fill out?
Christina: As mentioned in the last video, if you are asking for financial orders in your DV-100, such as child support, spousal support, debt payment, etc., you will need to complete and file your Income & Expense Declaration, which is FL-150. As previously mentioned, if you are asking the court to issue child custody orders, you will need to include a “Request for Child Custody and Visitation Orders”, which is DV-105. If you want the court to issue a TRO that includes child custody orders, then you will also need to complete and submit to the court a “Child Custody and Visitation Order”, which is DV-140. Again, all of these forms can be found in our Court Forms Database.
Ed: I just want to remind everyone that there are 58 counties in California. There are local court rules, procedures, and forms that vary from county to county. The Judicial Council forms we have discussed apply to all counties, but your county may have a unique local form or a unique local procedure that applies when someone requests domestic violence.
Christina: In the next video, we will discuss how to file your paperwork with the court and how to serve you paperwork on the other party.