Form DV-400 "Findings and Order to Terminate Restraining Order After Hearing" - California

What Is Form DV-400?

This is a legal form that was released by the California Superior Court - 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 Superior Court;
  • 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-400 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form DV-400 "Findings and Order to Terminate Restraining Order After Hearing" - California

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Findings and Order to Terminate
Clerk stamps date here when form is filed.
DV-400
Restraining Order After Hearing
Complete only items 1 and 2. The remaining items are for court use.
1
Name of Protected Party:
Name of Restrained Party:
2
Court Findings
3
(Fam. Code, § 6345 (a) & (d))
a.
The Protected Party filed the request to terminate the restraining
orders in Restraining Order After Hearing (form DV-130). A proof
of service (by mail or personal service) of the request on the
Fill in court name and street address:
Restrained Party is filed with the court.
Superior Court of California, County of
b.
The Restrained Party filed the request to terminate restraining
orders. The filed proof of service shows that the Protected Party
received notice of the Request by:
1.
Personal service.
2.
Service on the Secretary of State (the Protected Person is
registered in the Safe at Home Program).
Court fills in case number when form is filed.
3.
An alternative, court-ordered method of service that gives
Case Number:
actual notice of the request and the hearing.
c.
The Restrained Party filed the request to terminate the restraining
orders in form DV-130. The Protected Party was physically present
in court on the hearing date, waived his or her right to notice, and
does not challenge the sufficiency of the notice.
d.
The Protected Party was physically present at the hearing and
verified his or her identity.
e.
The Protected Party and the Restrained Party submitted a
written stipulation (agreement) to terminate the restraining orders
in Restraining Order After Hearing (form DV-130).
Other
(specify):
f.
4
Court Orders
The protective orders in Restraining Order After Hearing (form DV-130) that were issued or modified on
(date):
are terminated. This order is effective when made.
a.
Child custody, visitation (parenting time), and child support orders in Restraining Order After Hearing (form
DV-130)
1.
Remain in effect.
2.
Have been modified on
(date):
3.
Are also terminated.
b.
Spousal or domestic partner support orders in Restraining Order After Hearing (form DV-130)
1.
Remain in effect.
2.
Have been modified on
(date):
3.
Are also terminated.
c.
Unless modified or terminated by court order, any existing orders for child custody, child visitation (parenting
time), child support, and spousal or partner support made in a Domestic Violence Prevention Act case after a
noticed hearing survive the termination of the protective order, and remain in effect. Family Code sections 6340(a),
6345(b).
d.
This order does not modify or terminate any existing criminal, juvenile, or probate court orders.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Findings and Order to Terminate
DV-400,
Page 1 of 2
New July 1, 2016, Mandatory Form
Family Code, § 6345, Approved by DOJ
Restraining Order After Hearing
(CLETS
CANCEL)
(Domestic Violence Prevention)
Findings and Order to Terminate
Clerk stamps date here when form is filed.
DV-400
Restraining Order After Hearing
Complete only items 1 and 2. The remaining items are for court use.
1
Name of Protected Party:
Name of Restrained Party:
2
Court Findings
3
(Fam. Code, § 6345 (a) & (d))
a.
The Protected Party filed the request to terminate the restraining
orders in Restraining Order After Hearing (form DV-130). A proof
of service (by mail or personal service) of the request on the
Fill in court name and street address:
Restrained Party is filed with the court.
Superior Court of California, County of
b.
The Restrained Party filed the request to terminate restraining
orders. The filed proof of service shows that the Protected Party
received notice of the Request by:
1.
Personal service.
2.
Service on the Secretary of State (the Protected Person is
registered in the Safe at Home Program).
Court fills in case number when form is filed.
3.
An alternative, court-ordered method of service that gives
Case Number:
actual notice of the request and the hearing.
c.
The Restrained Party filed the request to terminate the restraining
orders in form DV-130. The Protected Party was physically present
in court on the hearing date, waived his or her right to notice, and
does not challenge the sufficiency of the notice.
d.
The Protected Party was physically present at the hearing and
verified his or her identity.
e.
The Protected Party and the Restrained Party submitted a
written stipulation (agreement) to terminate the restraining orders
in Restraining Order After Hearing (form DV-130).
Other
(specify):
f.
4
Court Orders
The protective orders in Restraining Order After Hearing (form DV-130) that were issued or modified on
(date):
are terminated. This order is effective when made.
a.
Child custody, visitation (parenting time), and child support orders in Restraining Order After Hearing (form
DV-130)
1.
Remain in effect.
2.
Have been modified on
(date):
3.
Are also terminated.
b.
Spousal or domestic partner support orders in Restraining Order After Hearing (form DV-130)
1.
Remain in effect.
2.
Have been modified on
(date):
3.
Are also terminated.
c.
Unless modified or terminated by court order, any existing orders for child custody, child visitation (parenting
time), child support, and spousal or partner support made in a Domestic Violence Prevention Act case after a
noticed hearing survive the termination of the protective order, and remain in effect. Family Code sections 6340(a),
6345(b).
d.
This order does not modify or terminate any existing criminal, juvenile, or probate court orders.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Findings and Order to Terminate
DV-400,
Page 1 of 2
New July 1, 2016, Mandatory Form
Family Code, § 6345, Approved by DOJ
Restraining Order After Hearing
(CLETS
CANCEL)
(Domestic Violence Prevention)
Case Number:
5
Hearings
a.
The hearing was on (date):
with (name of judicial officer):
b. These people were at the hearing (check all that apply):
The Protected Party
Protected Party’s lawyer
(name):
The Restrained Party
Restrained Party’s lawyer
(name):
Other
(name):
Lawyer
(name):
Other
(name):
Lawyer
(name):
6
CLETS Entry
The court or its designee will transmit this form within one business day to law enforcement personnel for entry into
the California Restraining and Protective Orders System via CLETS.
Service of this Order
7
a.
The Protected Party and the Restrained Party were at the hearing or agreed in writing to this order.
No other proof of service is needed.
b.
The Protected Party (party who asked for the order) was at the hearing. The Restrained Party was not.
Someone 18 or over—not anyone else protected or restrained by the restraining order—must personally
“serve” the Restrained Party with a filed copy of this order.
c.
The Restrained Party (party who asked for the order) was at the hearing. The Protected Party was not.
Someone 18 or over—not anyone else protected or restrained by the restraining order—must personally
“serve” the Protected Party with a filed copy of this order.
d.
Other
(specify):
Date:
Judge (or Judicial Officer)
(Clerk will fill out this part.)
—Clerk's Certificate—
I certify that this Findings and Order to Terminate Restraining Order After Hearing is a
Clerk’s Certificate
true and correct copy of the original on file in the court.
[seal]
Date:
Clerk, by
, Deputy
This is a Court Order.
Findings and Order to Terminate
DV-400,
New July 1, 2016
Page 2 of 2
Restraining Order After Hearing
(CLETS
CANCEL)
(Domestic Violence Prevention)
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