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Domestic Violence Restraining Order After Hearing Packet Cover ...

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Superior Court of the State of California<br />

County of Kings<br />

<strong>Domestic</strong> <strong>Violence</strong> <strong>Restraining</strong> <strong>Order</strong><br />

<strong>After</strong> <strong>Hearing</strong> forms<br />

There is no fee for the packet.<br />

Once my hearing is held, complete the following forms to make the order permanent:<br />

Form name and number:<br />

Last revised on:<br />

1. <strong>Restraining</strong> <strong>Order</strong> <strong>After</strong> <strong>Hearing</strong> (CLETS) (DV 130)<br />

01-01-10<br />

If applicable, complete and attach the following forms to DV 130:<br />

a. Child Custody and Visitation <strong>Order</strong> (DV 140)<br />

07-01-03<br />

If applicable, attach these forms to DV 140:<br />

i. <strong>Order</strong>: No Travel with Children (DV 145)<br />

07-01-03<br />

ii. Supervised Visitation <strong>Order</strong> (DV 150)<br />

07-01-03<br />

07-01-08<br />

d. Child Support <strong>Order</strong>-<strong>Order</strong> of Protection (DV 160)<br />

e. Spousal, Partner, or Family Support <strong>Order</strong> Attachment (FL 343)<br />

01-01-05<br />

f. Other <strong>Order</strong>s (DV 170)<br />

07-01-09<br />

Once the <strong>Order</strong> <strong>After</strong> <strong>Hearing</strong> has been signed,<br />

you must have the <strong>Order</strong> served.<br />

Once the <strong>Restraining</strong> <strong>Order</strong> <strong>After</strong> <strong>Hearing</strong> (CLETS) (DV 130) has been signed, by the<br />

Commissioner/Judge, you must have someone serve the “person to be<br />

restrained” with a copy. This is done by mail.<br />

Who can serve the documents?<br />

<br />

<br />

<br />

The server must be 18 or older and not be involved in your case.<br />

The sheriff’s office of the county where the respondent resides.<br />

If you are requesting the sheriff’s office to perform service and not charge<br />

a fee, you must ask the clerk for a certified copy of the <strong>Order</strong> on Waiver of<br />

Fees then provide this to the sheriff’s office.<br />

A process server. A list can be retrieved at the Clerk’s office.<br />

The following form is completed and signed by the server who mailed the documents to<br />

the “person to be restrained”:<br />

1. Proof of Service (by mail) (DV 250)<br />

01.01.10<br />

<strong>Domestic</strong> <strong>Violence</strong> ROAH coversheet rev. 4-5-10 / forms last revised on 07-01-09 Page 1 of 2


Notice/Proof of Service:<br />

Law enforcement must first determine if the restrained person had notice of the<br />

orders. If notice cannot be verified, the restrained person must be advised of the<br />

terms of the orders. If the restrained person then fails to obey the orders, the<br />

officer must enforce them. (Family Code, § 6383.)<br />

Consider the restrained person “served” (noticed) if:<br />

The officer sees a copy of the Proof of Service or confirms that the Proof of<br />

Service is on file; or<br />

The restrained person was at the restraining order hearing or was informed<br />

of the order by an officer. (Fam. Code, § 6383; Pen. Code, § 836(c)(2).)<br />

An officer can obtain information about the contents of the order in the<br />

<strong>Domestic</strong> <strong>Violence</strong> <strong>Restraining</strong> <strong>Order</strong>s System (DVROS). (Fam. Code, §<br />

6381(b)(c).)<br />

If the Protected Person Contacts the Restrained Person:<br />

Even if the protected person invites or consents to contact with the restrained<br />

person, the orders remain in effect and must be enforced. The protected person<br />

cannot be arrested for inviting or consenting to contact with the retrained<br />

person. The orders can be changed only by another court order. (Pen. Code, §<br />

13710(b).)<br />

Enforcing the <strong>Restraining</strong> <strong>Order</strong> in California:<br />

Any law enforcement officer in California who receives, sees, or verifies the<br />

orders on a paper copy, the California Law Enforcement Telecommunications<br />

System (CLETS), or in an NCIC Protection <strong>Order</strong> File must enforce the orders.<br />

<strong>Domestic</strong> <strong>Violence</strong> ROAH coversheet rev. 4-5-10 / forms last revised on 07-01-09 Page 2 of 2

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