What forms do I need for a California DVRO involving children?

A California domestic violence restraining-order request involving children commonly starts with Form DV-100, Request for Domestic Violence Restraining Order, and Form DV-105, Request for Child Custody and Visitation Orders. Depending on what the judge orders and whether a hearing is set, the packet may also include DV-109, DV-110, DV-130, DV-140, and related attachments. The Judicial Council revises forms and instructions, so confirm the current packet at California Courts’ DVRO page before filing.

If anyone is in immediate danger, call emergency services or contact a qualified domestic-violence advocate. Completing a form is not itself a protective order; protection begins only when a judge issues an order.

Core forms

Form General purpose
DV-100 Requests a domestic violence restraining order and describes the people, conduct, and protections sought.
DV-105 Requests child custody and visitation orders in the DVRO case.
DV-109 Provides notice of the hearing and related response information after the request is processed.
DV-110 Records temporary restraining-order terms when temporary relief is granted before the hearing.
DV-130 Records the restraining order after hearing and the terms ordered by the judge.
DV-140 May state custody and visitation orders issued after a hearing, when the court uses that attachment.

The exact forms and attachments depend on the relief requested, the court’s action, and whether another family or criminal protective-order case exists. A clerk or self-help center can explain filing mechanics but cannot choose allegations, evidence, or strategy for you.

Completing DV-100

Identify each person who requests protection, each person against whom protection is sought, and any child for whom protection is requested. Describe the relevant conduct with dates, locations, participants, and specific facts. Explain why the requested protections are needed now. If a child witnessed conduct, was directly affected, or is included in the request, state what happened without speculation.

Ask for only the relief that fits the facts and the safety problem. Contact restrictions, stay-away terms, residence protection, firearm provisions, and child-related terms can have serious effects. Read each box and attachment, and keep a complete copy of what is submitted.

Completing DV-105 for custody and visitation

DV-105 addresses custody and parenting time requested in connection with the restraining-order proceeding. Describe a schedule that protects the child and is realistically workable. Depending on the facts, the request might address supervised visitation, safe exchanges, communication about the child, transportation, or limits on direct contact.

Do not use the form to punish the other parent or to make unsupported conclusions. Explain the connection between the requested term and the child’s safety or welfare. If an existing custody judgment or parenting plan is in place, identify it and explain the conflict rather than assuming DV-105 automatically replaces it.

Evidence and declarations

Forms are not substitutes for proof. Prepare a concise chronology for each material incident: what happened, when and where, who was present, what you personally observed, and how the child was affected. Relevant records may include messages, photographs, medical or school records, police reports, witness information, prior orders, and evidence of service. Follow the current instructions for attachments and formatting.

Separate firsthand knowledge from what someone else told you. Preserve original messages and files, avoid editing screenshots to remove context, and do not submit speculation as fact. A longer declaration is not necessarily stronger. Clear dates and specific conduct help the court evaluate urgency and credibility.

What happens after filing?

The court may grant, deny, or modify temporary relief and may set a hearing. DV-109 generally communicates the hearing information and response requirements. Service is important: the restrained person must receive the papers required by the current process, and the protected person generally cannot serve the papers personally. Use the official instructions for the packet and county.

At a hearing, organize the filed forms, proof of service, records by date, and a child-focused proposed schedule if appropriate. The judge may ask questions, hear testimony, continue the matter, or issue temporary or longer-term terms. Filing or obtaining a hearing date does not guarantee a result.

If served with DV-100, DV-109, DV-110, or related papers, read every page immediately. Follow temporary restrictions, do not contact a protected person in a way the order prohibits, and calendar the response and hearing dates. A served person may seek advice and file a response; ignoring the paperwork does not end the proceeding.

Existing orders and related cases

A DVRO case may overlap with a divorce, parentage, juvenile, or criminal protective-order case. Gather case numbers and every current order. Do not assume that filing a new request changes an existing custody or criminal order. Follow the operative order unless a court changes it, and obtain advice before proposing an exchange that could violate another order.

Family Code section 6203 defines abuse for the Domestic Violence Prevention Act, while section 6300 addresses circumstances in which a court may issue a restraining order. Family Code section 3044 can create a rebuttable custody presumption when its statutory requirements are met. These statutes do not mean every allegation produces the same order or custody result.

Confidentiality and safety

Think about whether a filing reveals a shelter address, school, workplace, medical information, or a safe contact method. Use the confidentiality options allowed by the current forms and court process, and ask an advocate or attorney before submitting sensitive information. Do not communicate about service or exchanges in a way that creates additional danger.

San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, Marin, Sonoma, and Napa Superior Courts may use different filing systems, calendars, and self-help instructions. Verify the assigned court rather than importing a county practice from elsewhere.

Filing checklist

Before filing, confirm:

  • the current DV-100, DV-105, and official instructions;
  • every adult and child for whom protection or custody relief is requested;
  • all existing custody, visitation, restraining, and criminal protective orders;
  • a dated incident chronology and properly preserved records;
  • the requested schedule, exchange, and communication terms;
  • service, hearing, and response deadlines; and
  • a safe plan for filing, service, transportation, and communication.

For a broader overview, see domestic violence and protective orders in California, protecting communication and temporary custody, and enforcing a family-court order. This article is general information, not legal advice.

Common form mistakes

Before submitting, check that names are consistent across forms, every child is identified correctly, dates and locations are specific, and requested protections match the declaration. Keep copies of attachments in the same order as filed. If a clerk rejects a filing for a technical reason, correct the filing instruction promptly; do not change the facts merely to make the request shorter. Ask how to document a rejected submission and preserve any emergency deadline.

If the paperwork does not fit

Do not force a complicated safety or custody request into a form without help. Explain the facts in the declaration, identify the specific relief that would make exchanges safer, and ask whether another family-law or criminal process is involved. Keep the filed copy, filing confirmation, hearing notice, and proof-of-service information together.

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