Let's examine the details of a DV-110 temporary restraining order (TRO) in California. Understanding what a TRO is, how long it lasts, and how to respond to it is crucial for your legal journey.
Suppose someone has asked for a domestic violence restraining order against you, which is a court order that can help protect people who were allegedly abused by someone they have been intimate with or are closely related to.
Form DV-100 has all the orders that the person has asked the judge to order. Form DV-109 lists your court hearing date. You must attend the court hearings if you do not agree to the orders requested.
Failure to attend the court hearing can lead to the judge approving orders without your input. If you've been served with Form DV-110, it means the judge has granted a temporary restraining order (TRO) against you, and you must adhere to the orders.
A restraining order can include orders for you to not contact or harm the protected person, including children or others listed as protected people.
It can also include a stay-away order and all protected people and places. You must not have any firearms or ammunition. You might also be required to move out of the place that you share with the protected person.
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 in form DV-110, it will last until the hearing date, when the judge will decide whether to extend the order or cancel it. The judge could extend the order for up to five years.
Custody, visitation, child support, and spousal support orders could last longer than five years and do not end when the restraining order ends.
What Exactly is a DV-110?
The DV-110 form, also known as the "Temporary Restraining Order," is a significant document in the process of responding to a restraining order. It is typically issued when a family member, spouse, cohabitant, or partner files a request with the court using form DV-100 to allege domestic abuse.
The court will typically issue this order without a full hearing based on the evidence in the petition. After it's issued, the order will remain in effect until the court holds a formal hearing to determine whether to grant a DV-130 long-term restraining order. A DV-110 will often have several restrictive measures to ensure the safety of the alleged victim, such as the following:
- There is a no-contact requirement that prohibits any form of communication with the protected party, including phone calls, texts, etc.
- It might include stay-away orders requiring you to remain a certain distance, typically 100 yards, from the protected party's home, workplace, etc.
- A TRO will include a firearms restriction that orders you to surrender any firearms you own to law enforcement or sell them to a licensed dealer.
- You might be ordered to move out of your shared residence with the protected party, regardless of whether you are the legal owner.
- If children are involved, the TRO might grant temporary custody to the protected party and restrict your visitation rights.
On the issue of firearms and guns, you must immediately turn in, sell, or store any prohibited items you have or own. Prohibited items include firearms, handguns, rifles, shotguns, assault weapons, firearm parts, frames, etc.
It also includes ammunition, including bullets, shells, cartridges, and clips. You must then prove to the court that you've complied with the orders. You need to bring form DV-800/JV-270, a Receipt for Firearms, Firearm Parts, and Ammunition to a gun dealer or law enforcement when you turn in your items. After completed, you should file it with the court.
How Should You Respond to a TRO?
If you were arrested for domestic violence, anything you say or write during the period of your restraining order could be used against you in the criminal case.
Thus, you need to follow the terms of the TRO and then retain a criminal defense attorney prior to responding to it.
If appropriate, you will prepare, serve, and file a Response (Form DV-120). To "respond" means letting the judge and your accuser know whether you agree or disagree with the request for a restraining order and why.
This is your chance to explain why the allegations against you are false, misrepresented, or didn't happen as described in form DV-100.
Suppose you were the victim of domestic violence by your accuser. In that case, you might consider filing your own domestic violence restraining order request. If you were served with a DV-110 in Los Angeles, it requires immediate attention and a thoughtful response.
Understanding the implications of a DV-110 and taking appropriate steps is critical if you are charged with a domestic violence crime. It can significantly influence the outcome of your case.
Even in a situation where the prosecutor does not ultimately file charges against you, taking the proper steps in response to a DV-110 can impact whether the restraining order stays in effect.
Violating the terms of a DV-110 is a crime in California. You could be arrested and face contempt of court which carries additional penalties. It might also affect child custody arrangements.
Steps to Take if Served with a DV-110
If you are served with a DV-110 temporary restraining order for domestic violence, you should take the following steps:
- Upon being served with a DV-110 temporary restraining order, it is crucial to obey all its terms immediately, even if you disagree with the allegations. Violating any provision can lead to immediate arrest and additional legal challenges.
- After you are served, you should carefully read through the DV-110 to fully understand all of the restrictions placed upon you. It might have specific terms based on various circumstances.
- The DV-110 will list the date of your court hearing, where the judge will decide whether to issue a more permanent restraining order.
- It's crucial to hire a lawyer experienced in domestic violence cases who can provide legal guidance, help you prepare for the hearing, and protect your rights throughout the process.
- The DV-110 is temporary and is followed by a court hearing. You need to work with your attorney to develop a strong case and collect evidence that supports your case.
What Happens at the Court Hearing?
The judge will decide whether to grant the protected party a long-term restraining order that can last up to five years. You need to bring evidence and any witnesses that you may have.
You should read over the court papers and write out anything you want the judge to know and focus on the facts and details that support your story. If you do not attend the hearing, you will likely face an unfavorable judgment by default. You need to arrive on time and be ready to present your case.
Your presence shows respect for the court and commitment to resolving the matter. The hearing gives you a chance to contest the temporary restraining order with evidence and witnesses, with the goal that the judge will not convert the TRO to a long-term order.
If the judge decides to issue a long-term restraining order (DV-130), you must comply with the final court order. Failure to follow the terms can lead to charges of violating a restraining order defined under Penal Code 273.6 PC. For additional information, contact our California criminal defense lawyers, Cron, Israels & Stark, based in Los Angeles.
Related Content:
