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How Do I Ask The Court To Renew My Restraining Order DV-700-INFO - California
| How Do I Ask The Court To Renew My Restraining Order Form. This is a California form and can be used in Domestic Violence Prevention Judicial Council . |
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-- DV-700-INFO How Do I Ask the Court to Renew My Restraining Order? 1 What does "renew" mean? · It is the way the judge can make your current restraining order last longer than the current expiration (end) date. · If the judge "renews" your Restraining Order After Hearing (Form DV-130), it will have a new expiration (end) date. 8 The clerk or judge will set a hearing date. You must go to the hearing. Form DV-710 will tell you when and where it will be. 2 When do I ask for the renewal? Anytime within the three months before the date your current order ends (see Form DV-130). 3 How long can the new order last? The order can last for five years or permanently. 4 What will the judge want to know? The judge may renew a restraining order without a showing of any abuse since the original order. However, you must show a reasonable fear of abuse in the future. 9 Have someone age 18 or older personally serve the restrained person with a copy of these forms: · DV-700 (Request to Renew Restraining Order) · DV-710 (Notice of Hearing to Renew Restraining Order) · Your current DV-130 (Restraining Order After Hearing) · DV-720 (Response to Request to Renew Restraining Order)--leave it blank for the restrained person to answer. For information on "service," read Form DV-200-INFO (What Is "Proof of Personal Service"?). Someone 18 or older--not you or anyone protected by the restraining order--can serve the order. The person who serves the forms must complete the Proof of Personal Service (Form DV-200). 5 6 How much does it cost? Nothing. Do I have to go to court? Yes. Go to court on the date the clerk gives you. If you do not, your restraining order will end. 7 What are the steps? · Fill out: Form DV-700 (Request to Renew Restraining Order) Form DV-710 (Notice of Hearing to Renew Restraining Order) · Attach a copy of your current Restraining Order After Hearing (Form DV-130) to Form DV-700. · Make at least 3 copies of all forms. · Take the forms to the court clerk. · The clerk will give your forms to the judge for signature. Sometimes the judge may want to talk to you. If so, the clerk will tell you. If the judge signs Form DV-710, the court will send it to law enforcement or CLETS for you. CLETS is a statewide computer system that lets law enforcement know about your order. This is not a Court Order. Judicial Council of California, www.courts.ca.gov Revised January 1, 2012, Optional Form How Do I Ask the Court to Renew My Restraining Order? (Domestic Violence Prevention) DV-700-INFO, Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com DV-700-INFO How Do I Ask the Court to Renew My Restraining Order? 10 File the Proof of Personal Service. · The Proof of Personal Service (Form DV-200) shows the judge that the restrained person knows about the hearing date. Make 3 copies of the original Proof of Personal Service. Take the original and the copies to the court clerk at least 2 days before your hearing. The clerk will file the original and give you back the copies stamped "Filed." The clerk will send the Proof of Personal Service to law enforcement or CLETS for you. CLETS is a statewide computer system that lets police know about your order. 13 Serve the Papers You must have Form DV-730 served, either by mail or in person. · You can have Form DV-730 served by mail only if: 1. The restrained person was at the hearing or 2. The restrained person was not at the hearing but the renewed orders are identical to the orders on Form DV-130, except for the end date. Ask the server to complete Form DV-250 (Proof of Service by Mail) and give it to you. · You must have Form DV-730 served in person if: The restrained person was not at the hearing and the renewed orders are different from the orders on Form DV-130, except for the end date. Ask the server to complete Form DV-200 (Proof of Personal Service) and give it to you. · · · 11 Go to the court hearing. At the hearing, the judge will decide whether or not to renew the order. Bring a copy of the Proof of Personal Service (Form DV-200) with you. 12 If the judge renews the order at the hearing . . . · The form Order to Renew Domestic Violence Restraining Order (Form DV-730) will need to be filled out. Some courts will do this for you. In other courts, you will have to do it yourself. Ask the court clerk for information on the local process. The judge will sign Form DV-730 after it is filled out. The clerk will file the original and give you up to 3 stamped copies. The court will send Form DV-730 to law enforcement or CLETS for you. CLETS is a statewide computer system that lets law enforcement know about the order. 14 File your Proof of Service. · · · · Make 3 copies of the completed Proof of Service (Form DV-200 or DV-250). Mail or take the original and the copies to the court clerk. The clerk will file the original. d bk i "Fil d Keep ione copy withhyou and anotherdin a safe" place in case you need to show it to the police. The court or the sheriff (if the sheriff serves the order) will send the Proof of Service to CLETS for you. · · This is not a Court Order. Revised January 1, 2012 How Do I Ask the Court to Renew My Restraining Order? (Domestic Violence Prevention) DV-700-INFO, Page 2 of 2
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