Form DV-130 "Restraining Order After Hearing (Clets-Oah)" - California

What Is Form DV-130?

This is a legal form that was released by the California Judicial Branch - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2016;
  • The latest edition provided by the California Judicial Branch;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form DV-130 by clicking the link below or browse more documents and templates provided by the California Judicial Branch.

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Download Form DV-130 "Restraining Order After Hearing (Clets-Oah)" - California

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Restraining Order After Hearing
DV-130
Clerk stamps date here when form is filed.
(Order of Protection)
Original Order
Amended Order
Name of Protected Person:
1
Your lawyer in this case (if you have one):
Name:
State Bar No.:
Firm Name:
Address (If you have a lawyer for this case, give your lawyer’s
information. If you do not have a lawyer and want to keep your home
Fill in court name and street address:
address private, give a different mailing address instead. You do not have
Superior Court of California, County of
to give your telephone, fax, or e-mail.):
Address:
City:
State:
Zip:
Fax:
Telephone:
E-Mail Address:
Clerk fills in case number when form is filed.
Name of Restrained Person:
2
Case Number:
Description of restrained person:
M
F
Sex:
Height:
Weight:
Hair Color:
Eye Color:
Race:
Age:
Date of Birth:
Mailing Address (if known):
City:
State:
Zip:
Relationship to protected person:
Additional Protected Persons
3
In addition to the person named in
1
, the following persons are protected by orders as indicated in items
6
7
and
(family or household members):
Full name
Relationship to person in
1
Sex
Age
Check here if there are additional protected persons. List them on an attached sheet of paper and write,
“DV-130, Additional Protected Persons,” as a title.
Expiration Date
4
The orders, except as noted below, end on
a.m.
midnight
p.m. or
(date):
at (time):
If no date is written, the restraining order ends three years after the date of the hearing in item
5
(a).
If no time is written, the restraining order ends at midnight on the expiration date.
Note: Custody, visitation, child support, and spousal support orders remain in effect after the restraining order
ends. Custody, visitation, and child support orders usually end when the child is 18.
The court orders are on pages 2, 3, 4, and 5 and attachment pages (if any).
This order complies with VAWA and shall be enforced throughout the United States. See page 5.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Restraining Order After Hearing (CLETS—OAH)
DV-130,
Page 1 of 7
Revised July 1, 2016, Mandatory Form
(Order of Protection)
Family Code, § 6200 et seq. Approved by DOJ
(Domestic Violence Prevention)
Restraining Order After Hearing
DV-130
Clerk stamps date here when form is filed.
(Order of Protection)
Original Order
Amended Order
Name of Protected Person:
1
Your lawyer in this case (if you have one):
Name:
State Bar No.:
Firm Name:
Address (If you have a lawyer for this case, give your lawyer’s
information. If you do not have a lawyer and want to keep your home
Fill in court name and street address:
address private, give a different mailing address instead. You do not have
Superior Court of California, County of
to give your telephone, fax, or e-mail.):
Address:
City:
State:
Zip:
Fax:
Telephone:
E-Mail Address:
Clerk fills in case number when form is filed.
Name of Restrained Person:
2
Case Number:
Description of restrained person:
M
F
Sex:
Height:
Weight:
Hair Color:
Eye Color:
Race:
Age:
Date of Birth:
Mailing Address (if known):
City:
State:
Zip:
Relationship to protected person:
Additional Protected Persons
3
In addition to the person named in
1
, the following persons are protected by orders as indicated in items
6
7
and
(family or household members):
Full name
Relationship to person in
1
Sex
Age
Check here if there are additional protected persons. List them on an attached sheet of paper and write,
“DV-130, Additional Protected Persons,” as a title.
Expiration Date
4
The orders, except as noted below, end on
a.m.
midnight
p.m. or
(date):
at (time):
If no date is written, the restraining order ends three years after the date of the hearing in item
5
(a).
If no time is written, the restraining order ends at midnight on the expiration date.
Note: Custody, visitation, child support, and spousal support orders remain in effect after the restraining order
ends. Custody, visitation, and child support orders usually end when the child is 18.
The court orders are on pages 2, 3, 4, and 5 and attachment pages (if any).
This order complies with VAWA and shall be enforced throughout the United States. See page 5.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Restraining Order After Hearing (CLETS—OAH)
DV-130,
Page 1 of 7
Revised July 1, 2016, Mandatory Form
(Order of Protection)
Family Code, § 6200 et seq. Approved by DOJ
(Domestic Violence Prevention)
Case Number:
Hearings
5
a.
The hearing was on (date):
with (name of judicial officer):
b.
These people were at the hearing (check all that apply):
The person in
The lawyer for the person in
(name):
1
1
2
2
The person in
The lawyer for the person in
(name):
of the court on
(date):
c.
The people in
1
and
must return to Dept.
2
at (time):
a.m.
p.m.
to review (specify issues):
To the person in
:
2
The court has granted the orders checked below. Item
is also an order. If you do not obey
9
these orders, you can be arrested and charged with a crime. You may be sent to jail for up to one
year, pay a fine of up to $1,000, or both.
6
Personal Conduct Orders
1
a.
The person in
2
must not do the following things to the protected people in
and
3
:
Harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal
property, disturb the peace, keep under surveillance, impersonate (on the Internet, electronically or
otherwise), or block movements.
Contact, either directly or indirectly, by any means, including, but not limited to, by telephone, mail,
e-mail, or other electronic means.
Take any action, directly or through others, to obtain the addresses or locations of any protected persons.
(If this item is not checked, the court has found good cause not to make this order.)
b.
Peaceful written contact through a lawyer or process server or another person for service of legal papers
related to a court case is allowed and does not violate this order.
c.
Exceptions: Brief and peaceful contact with the person in
, and peaceful contact with children in
, as
1
3
required for court-ordered visitation of children, is allowed unless a criminal protective order says
otherwise.
7
Stay-Away Order
a.
yards away from (check all that apply):
The person in
2
must stay at least (specify):
The person in
1
School of person in
1
Home of person in
The persons in
3
1
The job or workplace of person in
1
The child(ren)’s school or child care
Vehicle of person in
Other (specify):
1
b.
Exceptions: Brief and peaceful contact with the person in
1
, and peaceful contact with children in
3
,
as required for court-ordered visitation of children, is allowed unless a criminal protective order says
otherwise.
8
Move-Out Order
2
The person in
must move out immediately from (address):
9
No Guns or Other Firearms or Ammunition
a.
The person in
cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way
2
get guns, other firearms, or ammunition.
This is a Court Order.
Restraining Order After Hearing (CLETS—OAH)
DV-130,
Revised July 1, 2016
Page 2 of 7
(Order of Protection)
(Domestic Violence Prevention)
Case Number:
b. The person in
2
must:
9
Sell to, or store with, a licensed gun dealer, or turn in to a law enforcement agency, any guns or other
firearms within his or her immediate possession or control. Do so within 24 hours of being served with
this order.
Within 48 hours of receiving this order, file with the court a receipt that proves guns have been turned in,
sold, or stored.
(Form
DV-800, Proof of Firearms Turned In, Sold, or Stored, may be used for the
receipt.) Bring a court filed copy to the hearing.
c.
2
The court has received information that the person in
owns or possesses a firearm.
The court has made the necessary findings and applies the firearm relinquishment exemption under
d.
2
Family Code section 6389(h). Under California law, the person in
is not required to relinquish this
firearm (specify make, model, and serial number of firearm):
The firearm must be in his or her physical possession only during scheduled work hours and during
travel to and from his or her place of employment. Even if exempt under California law, the person in
2
may be subject to federal prosecution for possessing or controlling a firearm.
10
Record Unlawful Communications
The person in
1
has the right to record communications made by the person in
2
that violate the judge’s orders.
11
Care of Animals
2
The person in
1
is given the sole possession, care, and control of the animals listed below. The person in
must stay at least
yards away from and not take, sell, transfer, encumber, conceal, molest, attack, strike,
threaten, harm, or otherwise dispose of the following animals:
12
Child Custody and Visitation
Child custody and visitation are ordered on the attached Form DV-140, Child Custody and Visitation Order
or (specify other form):
Child Support
13
Child support is ordered on the attached Form FL-342, Child Support Information and Order Attachment
or (specify other form):
Property Control
14
1
Only the person in
can use, control, and possess the following property:
Debt Payment
15
2
The person in
must make these payments until this order ends:
Pay to:
For:
Amount: $
Due date:
Pay to:
For:
Amount: $
Due date:
Pay to:
For:
Amount: $
Due date:
Check here if more payments are ordered. List them on an attached sheet of paper and write “DV-130,
Debt Payments” as a title.
Property Restraint
16
The
person in
1
person in
2
must not transfer, borrow against, sell, hide, or get rid of or destroy
any property, including animals, except in the usual course of business or for necessities of life. In addition, the
2
person must notify the other of any new or big expenses and explain them to the court. (The person in
cannot contact the person in
1
if the court has made a“No-Contact”order.)
Peaceful written contact through a lawyer or a process server or other person for service of legal papers related
to a court case is allowed and does not violate this order.
This is a Court Order.
Revised July 1, 2016
Restraining Order After Hearing (CLETS—OAH)
DV-130,
Page 3 of 7
(Order of Protection)
(Domestic Violence Prevention)
Case Number:
17
Spousal Support
Spousal support is ordered on the attached Form FL-343, Spousal, Partner, or Family Support Order
Attachment or (specify other form):
Rights to Mobile Device and Wireless Phone Account
18
a.
Property Control of Mobile Device and Wireless Phone Account
Only the person in
can use, control, and possess the following property:
1
Mobile device (describe)
and account (phone number):
Mobile device (describe)
and account (phone number):
Check here if you need more space. Attach a sheet of paper and write "DV-130 Rights to Mobile Device and
Wireless Phone Account" as a title.
b.
Debt Payment
The person in
2
must make these payments until this order ends:
Pay to (wireless service provider):
Amount: $
Due date:
c.
Transfer of Wireless Phone Account
The court has made an order transferring one or more wireless service accounts from the person in
2
to the
1
person in
. These orders are contained in a separate order (Form DV-900).
Insurance
19
The person in
1
the person in
is ordered NOT to cash, borrow against, cancel, transfer, dispose
2
of, or change the beneficiaries of any insurance or coverage held for the benefit of the parties, or their child(ren),
if any, for whom support may be ordered, or both.
20
Lawyer's Fees and Costs
The person in
2
must pay the following lawyer’s fees and costs:
Pay to:
For:
Amount: $
Due date:
Pay to:
For:
Amount: $
Due date:
Payments for Costs and Services
21
The person in
2
must pay the following:
Pay to:
For:
Amount: $
Due date:
Pay to:
For:
Amount: $
Due date:
Pay to:
For:
Amount: $
Due date:
Check here if more payments are ordered. List them on an attached sheet of paper and write “DV-130,
Payments for Costs and Services” as a title.
Batterer Intervention Program
22
The person in
must go to and pay for a 52-week batterer intervention program and show written proof of
2
completion to the court. This program must be approved by the probation department under Penal Code
§ 1203.097. The person in
2
must enroll by (date):
or if no date is listed, must enroll within
30 days after the order is made. The person in
must complete, file and serve Form 805, Proof of Enrollment
2
for Batterer Intervention Program.
Other Orders
23
Other orders (specify):
No Fee to Serve (Notify) Restrained Person
24
If the sheriff or marshal serves this order, he or she will do it for free.
This is a Court Order.
Restraining Order After Hearing (CLETS—OAH)
Revised July 1, 2016
DV-130,
Page 4 of 7
(Order of Protection)
(Domestic Violence Prevention)
Case Number:
25
Service
a.
The people in
1
and
2
were at the hearing or agreed in writing to this order. No other proof of service is
needed.
2
The person in
1
was at the hearing on the request for original orders. The person in
was not present.
b.
Proof of service of Form DV-109 and Form DV-110 (if issued) was presented to the court. The
(1)
judge’s orders in this form are the same as in Form DV-110 except for the end date. The person in
2
must be served. This order can be served by mail.
Proof of service of Form DV-109 and Form DV-110 (if issued) was presented to the court. The
(2)
judge’s orders in this form are different from the orders in Form DV-110, or Form DV-110 was not
2
issued. The person in
must be personally “served” (given) a copy of this order.
c.
Proof of service of Form FL-300 to modify the orders in Form DV-130 was presented to the court.
The people in
and
were at the hearing or agreed in writing to this order. No other proof of
(1)
1
2
service is needed.
1
The person in
was not at the hearing and must be personally “served” (given) a copy
2
(2)
of this amended order.
Criminal Protective Order
26
a.
Form CR-160, Criminal Protective Order—Domestic Violence, is in effect.
Case Number:
Expiration Date:
County:
b.
Other Criminal Protective Order in effect (specify):
Case Number:
County:
Expiration Date:
(List other orders on an attached sheet of paper. Write “DV-130, Other Criminal Protective Orders” as a title.)
c.
No information has been provided to the judge about a criminal protective order.
Attached pages are orders.
27
• Number of pages attached to this seven-page form:
All of the attached pages are part of this order.
Attachments include (check all that apply):
DV-140
DV-145
DV-150
FL-342
FL-343
DV-900
Other (specify):
Date:
Judge (or Judicial Officer)
Certificate of Compliance With VAWA
This restraining (protective) order meets all “full faith and credit” requirements of the Violence Against Women Act,
18 U.S.C. § 2265 (1994) (VAWA) upon notice of the restrained person. This court has jurisdiction over the parties
and the subject matter; the restrained person has been or will be afforded notice and a timely opportunity to be heard
as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in each jurisdiction
throughout the 50 states of the United States, the District of Columbia, all tribal lands, and all U.S. territories,
commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction.
This is a Court Order.
Revised July 1, 2016
DV-130,
Page 5 of 7
Restraining Order After Hearing (CLETS—OAH)
(Order of Protection)
(Domestic Violence Prevention)
Page of 7