California > Judicial Council > Domestic Violence Prevention
How To Ask For A New Hearing Date DV-115-INFO - California
| How To Ask For A New Hearing Date Form. This is a California form and can be used in Domestic Violence Prevention Judicial Council . |
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DV-115-INFO How to Ask for a New Hearing Date You may need to ask for a new hearing date If you are unable to have Form DV-109 (Notice of Court Hearing) and other papers served in time before the hearing date, use Form DV-115, Request to Continue Court Hearing and Reissue Temporary Restraining Order. What does Form DV-115 do? On Form DV-115 you ask the judge to "continue" the court hearing and "reissue" any temporary restraining orders on Form DV-110, Temporary Restraining Order. · "Continue" the hearing means to give you a new hearing date. · "Reissue" means to keep any temporary orders in effect until the new hearing date. Follow these steps: · Fill out all of Form DV-115. · Fill out items 1 and 2 on Form DV-116, Notice of New Hearing Date and Order on Reissuance. · The judge will need to review your papers. In some courts, you must give your papers to the clerk. Ask the court clerk for information on how you ask the judge to review your papers. · If the judge signs Form DV-116, the court will give you a new hearing date. · File both forms with the clerk. The clerk will make up to three file-stamped copies for you. Keep at least one copy to bring to court on the hearing date. · Have a copy of all court papers served personally on the person to be restrained by the time listed in item 6 on Form DV-116. · Now the temporary orders, if any, will last until the new hearing date. · Ask the person who serves the papers to complete Form DV-200, Proof of Personal Service, and give it to you. Make two copies and bring them all to court on the hearing date. · The clerk will send the restraining order to law enforcement or CLETS for you. CLETS is a statewide computer system that lets police know about the order. Bring a copy of all of your papers and the original Form DV-200, Proof of Personal Service, to the court hearing. Need help? Ask the court clerk about free or low-cost legal help. For a referral to a local domestic violence or legal assistance program, call the National Domestic Violence Hotline: 1-800-799-7233 TDD: 1-800-787-3224 It's free and private. They can help you in more than 100 languages. Judicial Council of California, www.courts.ca.gov Revised January 1, 2013 How to Ask for a New Hearing Date (Domestic Violence Prevention) DV-115-INFO, Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com
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