1. Read the DVRO Papers before Preparing a Response
DV-100 states the requested protection, DV-109 gives hearing information, and DV-110 lists temporary orders the judge granted. A respondent should distinguish requested relief from orders already in effect.
Identify What the Court Ordered
- Check DV-110 for no-contact, stay-away, residence, custody, or other temporary restrictions.
- Confirm the hearing date and review every document served with the request.
- Do not assume that disputing an allegation suspends an existing temporary order.
Preserve the Relevant Record
- Keep messages, photographs, records, and other material related to the alleged incidents.
- Organize events by date and identify witnesses with firsthand knowledge.
- Do not contact the petitioner to obtain evidence if an order prohibits contact.
Related court-order issues are discussed under protection orders.
2. Understand How the DVRO Request Reaches the Respondent
A petitioner seeking a DVRO files the required forms in Superior Court. A judge may consider temporary relief before the respondent appears. Required papers must then be served under the applicable rules.
Distinguish the Request from the Temporary Order
- DV-100 identifies the orders the petitioner asks the court to make.
- DV-109 provides the hearing information and procedural instructions.
- DV-110 identifies temporary restrictions the judge grants before the hearing.
Take Service and Deadlines Seriously
- Read the served papers rather than relying on another person's description of the case.
- Check the hearing information and court instructions before preparing a response.
- Keep copies of filed and served documents so the procedural record remains clear.
A DVRO may overlap with domestic relations issues involving custody, residence, or other family matters.
3. Prepare the DV-120 Response with Criminal Exposure in Mind
DV-120 lets a respondent state whether the requested orders are opposed and why. A written response is optional, but the hearing can still proceed. Statements in DVRO papers may affect a criminal case.
Keep the Response Focused
- Address the specific allegations and requested orders instead of unrelated relationship disputes.
- Identify documents and witnesses that directly relate to the facts the court will consider.
- Follow the applicable service procedure for the filed response rather than serving it personally.
Consider Related Criminal Proceedings
- Review whether a written factual statement could affect a pending or possible criminal case.
- Do not assume a civil DVRO proceeding and a criminal prosecution follow the same rules.
- Consider overlapping allegations before submitting statements that may be used elsewhere.
When the same alleged conduct leads to criminal accusations, separate domestic violence charges may require additional analysis.
4. Prepare for the Hearing and a Possible DV-130 Order
At the hearing, each side may present relevant evidence. The judge may deny the request or issue a longer-term order. DV-130 states any restrictions ordered after the hearing.
Present the Disputed Facts Clearly
- Organize testimony and exhibits around the allegations the court must decide.
- Be prepared to address conflicting accounts and the reliability of supporting evidence.
- Follow the court's procedures for witnesses, exhibits, objections, and questioning.
Read Every Term of the Final Order
- Check contact, stay-away, residence, custody, and other provisions that apply.
- Do not rely on informal permission from the protected person to disregard an order.
- Confirm the expiration date and any additional requirements stated in the order.
Some allegations may overlap with a stalking and harassment case.
5. Follow Firearm Rules and Avoid an Order Violation
A DVRO can trigger firearm restrictions while it remains in effect. Family Code § 6389 governs firearm and ammunition prohibitions and relinquishment requirements. Violations may create separate criminal exposure.
Check Firearm and Ammunition Requirements
- A person subject to a qualifying order may not possess, purchase, or receive firearms or ammunition while the prohibition applies.
- Family Code § 6389 requires relinquishment after service and proof of compliance within statutory deadlines.
- Violating the firearm prohibition is punishable under Penal Code § 29825.
Treat the Written Order As Controlling
- Follow its terms unless the court changes, terminates, or allows the order to expire.
- Penal Code § 273.6 may apply to an intentional and knowing violation of a qualifying protective order.
- Use the court process if a restriction needs to change rather than privately disregarding it.
6. Use the Court Process to Change or End an Order
Changed circumstances do not alter an order by themselves. Either side may ask the court to change or end an active DVRO using Form DV-300 and the required court process.
Request a Change through the Court
- Identify the provisions the respondent wants changed or terminated.
- Explain the reasons for the requested change in the appropriate filing.
- Continue following the existing order unless the court changes or ends it.
Check for Separate Criminal Court Orders
- Determine whether another protective order exists in a related criminal proceeding.
- Do not assume that changing a DVRO changes a separate criminal protective order.
- Review all active orders before deciding what contact or conduct is permitted.
7. Frequently Asked Questions
Can a DVRO affect child custody without a criminal conviction?
Yes. A DVRO proceeding can include custody and visitation orders without a criminal conviction. The court considers the requested relief and evidence presented.
Does a respondent have to file Form DV-120?
A written DV-120 response is optional under current Judicial Council guidance. Not filing one does not cancel the hearing or suspend temporary orders already issued by the court.
What happens if the respondent does not attend the DVRO hearing?
The case does not necessarily end. The court may proceed without the respondent and decide the request from the papers and evidence before it.
How long can a restraining order after hearing last?
A DVRO after hearing can last up to five years. Check DV-130 for the expiration date and follow the order unless the court changes or ends it.
8. Review a DVRO Response with SJKP
A DVRO can raise procedural, evidentiary, and criminal issues at the same time. SJKP's attorneys can review the served papers, existing orders, evidence, and related proceedings to identify available response options. Contact SJKP before the hearing.
29 Sep, 2026
