Being served with a DV-110 Temporary Restraining Order (TRO) in California is a serious matter that demands immediate attention and a thoughtful response. This legal document aims to protect the alleged victim by enforcing specific restrictions on the accused party.
Understanding the implications of a DV-110 and taking appropriate steps is crucial if you've been charged with a domestic violence crime. This understanding can significantly influence the outcome of your case.
Even if no charges are ultimately filed against you, taking the right steps in response to a DV-110 can impact whether (or for how long) the restraining order stays in effect.
Simply put, a domestic violence restraining order is being ordered against you, which is a court order that can help protect people who have been allegedly abused by someone they have been intimate with or are closely related to.
The Form DV-100 has all the orders that the person has asked the judge to order.
The Form DV-109 (court hearing date) is listed on this form. If you do not agree to the requested orders, you should attend the court hearing. If you do not attend, the judge can make orders against you without hearing from you.
If you were served with form DV-110, it means that the judge granted a temporary restraining order against you. You must follow the orders.
A restraining order can include orders for your children, including listing them as protected persons. It can also include child custody and visitation orders and orders to limit your ability to travel with your children.
If the judge grants a temporary restraining order (form DV-110), it will last until the hearing date. At your court hearing, the judge will decide whether to extend the order or cancel it.
It's important to note that the judge can extend the order for up to five years. Custody, visitation, child support, and spousal support orders can last longer than five years and do not end when the restraining order ends.
What is a DV-110?
The DV-110 form, titled "Temporary Restraining Order," is typically issued after someone, often a family member, spouse, cohabitant, or partner-files a request with the court using form DV-100, alleging domestic abuse. The court can issue this order without a full hearing based on the evidence in the petition.
Once issued, the order remains in effect until the court holds a formal hearing to decide whether to grant a long-term restraining order, called a DV-130.
A DV-110 may include several restrictive measures aimed at ensuring the safety of the alleged victim. Some common provisions of the order include:
- No Contact Requirement: This policy prohibits any form of communication with the protected party, including in-person contact, phone calls, texts, emails, or social media interactions.
- Stay-Away Orders: Requires you to stay a certain distance (usually 100 yards) from the protected party's home, workplace, school, or other specified locations.
- Firearms Restriction: Orders you to surrender any firearms you own to law enforcement or sell them to a licensed dealer. You must immediately turn in, sell, or store any prohibited items you have or own. Prohibited items include firearms, including any handgun, rifle, shotgun, and assault weapon. Firearm parts, meaning receivers, frames, and any item that may be used as or easily turned into a receiver or frame. Ammunition, including bullets, shells, cartridges, and clips. You must then prove to the court that you've complied with the orders. Bring form DV-800/JV-270, Receipt for Firearms, Firearm Parts, and Ammunition, to a gun dealer or law enforcement when you turn in your items. After it's complete, file it with the court.
- Exclusion from the Family Home: You may be ordered to move out of your shared residence with the protected party, regardless of whether you are the legal owner or leaseholder.
- Child Custody Restrictions: If children are involved, the order may grant temporary custody to the protected party and restrict your visitation rights.
What are the Legal Consequences of Violating a DV-110?
Violating the terms of a DV-110 is a criminal offense in California. Noncompliance can lead to arrest, contempt of court charges, and additional penalties that may affect custody arrangements, employment opportunities, and reputation. This highlights the gravity of the situation and the potential severe consequences of noncompliance.
Therefore, adhering strictly to the order's requirements is imperative. Understanding the gravity of the situation can prevent unintentional violations and safeguard your rights throughout the legal process.
It is important to understand that if you have been arrested for domestic violence, anything you say or write during your family law domestic violence restraining order can be used against you during your criminal matter.
It is, therefore, critical that you secure the advice of a criminal defense attorney prior to responding to the family law matter.
If it is appropriate in your case, you then prepare, serve, and file a Form DV-120 Response, meaning to let the judge and the other side know whether you agree or disagree with the request for a restraining order and why.
This is your opportunity to explain why the allegations against you are either false, misrepresented, or did not happen the way it is described in form DV-100. It is best to be as detailed as possible when explaining your version of events.
If you have allegations of domestic violence against the other side, it may be worthwhile to file your own Domestic Violence Restraining Order Request. The court can consider the mutuality of the allegations, but it must be separately pleaded.
What Are the Steps to Take if Served with a DV-110?
If you are served with a DV-110, it is crucial to handle the situation with care and diligence. Here are the steps you should take.
Obey the Order Immediately
The first and most critical step is to obey all terms of the DV-110 as soon as you are served. Even if you disagree with the allegations or feel the order is unfair, you must comply with its restrictions until the court holds a hearing to review the case.
Violating any provision, even unintentionally, could result in immediate arrest and additional legal challenges that could weaken your case in court. This underscores the seriousness of the situation and the need for strict compliance.
Read and Understand the Order
Once you have been served, it's crucial to carefully read through the DV-110 to understand all of the restrictions placed upon you fully. Each case is unique, and the specific terms of your restraining order may vary based on the circumstances presented to the court. This understanding will prepare you for the upcoming legal process.
Pay close attention to:
- Hearing Date: The DV-110 will specify the date of your court hearing, where the judge will decide whether to issue a more permanent restraining order. Mark this date on your calendar and ensure you are available.
- Terms of the Order: Make sure you understand exactly what you can and cannot do. If any part of the order is unclear, consult an attorney for clarification.
Hire an Experienced Attorney
If you have been served with a DV-110, it is highly advisable to hire a lawyer experienced in domestic violence cases. An attorney can provide crucial legal guidance, help you prepare for the upcoming hearing, represent you at the hearing, and protect your rights throughout the process.
Prepare for the Hearing
The DV-110 is temporary and typically followed by a court hearing where you can contest the allegations. Preparation is key: work with your attorney to develop a strong case, anticipate questions, and rehearse your testimony. Begin collecting any evidence that supports your case.
This may include text messages, emails, witness statements, or any other documentation that can counter the allegations made against you. Organizing this information efficiently will be beneficial when presenting your case in court.
At your court hearing, the judge will decide whether to grant the protected party a long-term restraining order that can last up to five years. It is important to bring any evidence or witnesses that you may have. If you are representing yourself, it may help to plan out and make notes about what you want to say to the judge.
If needed, you can use your notes for your court hearing. Read over the court papers in your case and write out anything else you want the judge to know. Focus on the facts and details that support your side of the story. If an attorney represents you, your attorney will prepare for the hearing with you.
Attend the Hearing Punctually
Missing the hearing can result in an unfavorable judgment by default. Ensure you arrive on time, dress appropriately, and are ready to present your case.
Your presence demonstrates respect for the court and commitment to resolving the matter. The hearing also presents your opportunity to contest the temporary restraining order with evidence and witnesses (preferably with help from your attorney) in the hope that the judge will not convert it to a long-term order.
Comply with Court Orders After the Hearing
If the judge decides to issue a long-term restraining order (DV-130), make sure you fully understand and comply with the final court orders. Failure to follow the court's ruling can lead to serious legal consequences, including potential criminal charges.
For additional information, contact our California criminal defense lawyers based in Los Angeles.
Our certified specialists are available 24/7 to take your call and offer a free, immediate response. The Eisner Gorin law firm offers paid office consultations to compensate for time spent on criminal defense strategy fairly. The office consultation retainer will depend on the time spent and the seriousness of the allegations.
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