Welcome to FreeDivorce.com.
Christina: This is Christina.
Ed: This is Ed. Today we are going to talk about violation of temporary restraining orders, how to cancel a domestic violence hearing, and how to respond when someone serves you with their application for a domestic violence restraining orders.
Ed: Christina, let’s assume I have applied for a domestic violence restraining orders, the court has granted immediate TROs, I’ve served my paperwork on the other party, and we are waiting for our hearing date. What if the other party violates the TROs while we are waiting for our hearing?
Christina: If the court issues temporary restraining orders and the other party violates those orders, call the police. For example, assume a judge granted a TRO that tells the other party to move out of the family home. Your domestic violence paperwork, including a copy of the TRO, has been served on the other party. The other party refuses to move. If you call the police, they will come to the home and escort the other party out of the house. The police may also arrest the person and charge the person with a crime.
Ed: What if I apply for a domestic violence restraining orders and one of the TROs issued by the judge prohibits my spouse from contacting me. What if I want to contact my spouse?
Christina: You should not engage in conduct that invites a violation of any of the TROs. If the TRO prohibits the other party from contacting you, don’t call the other party. If the TRO tells the other party to stay 100 yards away from you, don’t go over to their house. If the TRO tells the other party to move out of the family home, and they move out, don’t invite them to move back in.
Ed: What if I have applied for a domestic violence restraining order and the court has issued a hearing date, but then I decide I don’t want to go through with the hearing. I just want to drop the whole matter?
Christina: Assume you filed your “Request for Domestic Violence Restraining Order” with the court. The judge read what you wrote in your DV-100 and the judge decided to deny some or all of the temporary restraining orders you requested, at least until the time of the hearing. At that point, you may decide you just want to cancel the hearing. If you want to cancel the hearing, you can fill out a “Waiver of Hearing on Denied Request for Temporary Restraining Order”, which is DV-112. You can find the DV-112 in our Court Forms Database. Fill out the DV-112 and file it with the court. Then, notify the other party that you have canceled the hearing.
If you file domestic violence paperwork with the court, get a hearing date, but never serve the papers on the other party, and you don’t show up for the hearing, the court will drop the matter.
Ed: What if I’m not the person that has applied for restraining orders – what if I get served with paperwork and it’s the other party that has asked the court to issue restraining orders against me – what can I do?
Christina: If you are the party that has been served with domestic violence paperwork, first carefully review all the paperwork. Make a note of the hearing date and time. Look at the DV-110 “Temporary Restraining Order” to see which temporary restraining orders were granted by the court and which were denied. Comply with all of the restraining orders that were granted pending the hearing. Even if you feel the orders were obtained only because the other party made misrepresentations to the court. If you violate any of the temporary restraining orders, you could be arrested and charged with a crime. You will have your chance at the hearing to tell the judge your side of the story. At the hearing, the judge will decide if the temporary restraining orders should end on the day of the hearing or be extended. If the judge decides to extend the orders, they could be in effect for as long as five years. Custody and support orders can last even longer than five years.
Ed: If someone has filed for restraining orders against me, do I need to file any paperwork with the court before the hearing?
Christina: After you have been served with domestic violence papers, you may want to complete a DV-120, which is entitled, “Response to Request for Domestic Violence Restraining Order”. You can find a blank DV-120 in our Court Forms Database that you can fill out and print. For instructions on how to fill out the DV-120, you can read another court form entitled, “How Can I Respond to a Request for Domestic Violence Restraining Order”, which is DV-120-INFO. You can find the DV-120-INFO form in our Court Forms Database.
You may not want to complete the DV-120. Domestic violence can be a crime. If someone is accusing you of committing a crime, you have a right against self-incrimination. If your spouse has filed domestic violence papers claiming you beat him or her up, and you then use the DV-120 to make a detailed statement, under penalty of perjury, to describe what happened, it is possible the DV-120 could be used as evidence by the District Attorney to convict you of a crime. You may want to consult with a criminal law attorney before you complete the DV-120. The problem is, if you don’t give the court your side of the story, the court will only have the other party’s version of the facts and the court will then likely grant the other party all of the orders they requested, which could include child custody orders. You are going to have to weigh your rights against self-incrimination against your need to present your version of the facts to the court so the other party does not get all of the orders they requested.
Ed: Let’s assume I have been served with domestic violence restraining papers, the hearing is coming up, and I have decided to fill out the DV-120 before the hearing so the judge knows my side of the story. What do I do with the DV-120 after I have filled it out?
Christina: If you elect to complete the DV-120 after you have completed the form, make at least two copies. File the DV-120 with the court. There is no filing fee. The court clerk will give you back the two copies with “filed-endorsed” stamps on the copies. Arrange to have one copy served on the other party. The DV-120 can be served to the other party by mail. You can’t mail it yourself because you are a party to the action. Have a friend that is over 18 years old put the copy in the mail to the other party. Then, prepare a “Proof of Service by Mail”, which is DV-250, and have your friend date and sign it. Then, file the DV-250 with the court clerk. You can find the DV-250 in our Court Forms Database.
Ed: If the other party has asked for orders that I pay child support or spousal support or make payments on bills, do I need to fill out and file any other forms with the court before the hearing?
Christina: If the other party asked for any court orders that involve financial matters, then the other side should have served you with their completed Income & Expense Declaration, which is FL-150. In this case, you will need to complete your own FL-150. The judge will need Income & Expense Declarations from both parties in order to make decisions about financial matters. You can find a blank FL-150 in our Court Forms Database.
Ed: What if I get served with domestic violence restraining orders and I decide that I am the party that needs protection. Can I get a domestic violence restraining orders against the other party by asking for restraining orders against the other party when I fill out my DV-120?
Christina: You can’t use the DV-120 to get restraining orders against the other party. If you want to get restraining orders against the other party, you will have to apply for your own restraining orders. In other words, you will have to complete your own “Request for Domestic Violence Restraining Order”, which is DV-100, and the other court forms that go along with the DV-100. If you want to get a domestic violence restraining orders against the other party, watch the earlier videos in this series that will explain all about how to apply for a domestic violence restraining orders.
Ed: Let’s assume I have filled out my DV-120, filed it with the court clerk, and mailed a copy to the other party. What happens next?
Christina: After you have completed your DV-120, filed it, and served it, you need to attend the court hearing. If you don’t attend the hearing, the judge will likely grant the other party all of the orders they requested.
Ed: In the next video, we talk about attending the domestic violence hearing.