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DV-112 Waiver of Hearing on Denied Request for Temporary

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Waiver of Hearing on Denied Request for Temporary Restraining Order

DV-112

Use this form only to waive (cancel) the hearing date in item 3 on Form DV-109, Notice of Court Hearing.

Clerk stamps date here when form is filed.

1) Name of Person Asking for Protection:

2 Name of Person to Be Restrained:

To the Person in 1

  • Some or all of the temporary restraining orders you requested were denied for the reasons listed on Form DV-109, Notice of Court Hearing.
  • The court has set a hearing and might make the orders you want after the hearing.
  • Use this form only if you want to cancel the hearing date listed on Form DV-109, item 3. If you want to cancel the hearing, sign this form below and file it with the court clerk. Do not serve Form DV-109 and other papers on the person in 2.
  • If you already served Form DV-109 and other papers on the person in , you must notify that person that you have canceled the hearing. If the person in 2 files a response before you file this form, the court may still hear the case.
  • If the hearing is canceled, any temporary orders made on Form DV-110, Temporary Restraining Order will end on the hearing date. You may file a new request for temporary restraining orders on the same or different facts at a later date.

Fill in court name and street address:

Superior Court of California, County of

Fill in case number:

Case Number:

I have read this form and I understand that I have a right to a court hearing. By signing below, I am asking the court to cancel the hearing listed on Form DV-109, Notice of Court Hearing. I understand that any orders already made by the court on Form DV-110, Temporary Restraining Order will end on the hearing date.

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:

Type or print your name

Sign your name

This is not a Court Order.

Waiver of Hearing on Denied Request
for Temporary Restraining Order
(Domestic Violence Prevention)

DV-112, Page 1 of 1

Enter text

What the DV-112 Waiver of Hearing on Denied Request for Temporary Is

The DV-112 Waiver of Hearing on Denied Request for Temporary is a legal form used to record a party's voluntary waiver of a contested hearing after a temporary request has been denied. It documents the party's decision to forgo a court hearing, identifies the case and parties, and provides a dated signature for the court record. Courts treat the completed form as a procedural filing that may alter next steps in family or protective-order proceedings and must meet local court rules for submission and service.

Why a DV-112 Waiver Matters in Restrictive Order Proceedings

Completing a DV-112 clarifies whether a party elects to proceed without a hearing, reducing procedural uncertainty and enabling the court to adjust scheduling and orders accordingly.

Why a DV-112 Waiver Matters in Restrictive Order Proceedings

Who Typically Prepares or Signs a DV-112

The DV-112 is normally completed by the party whose temporary request was denied or by their attorney; clerks and judges then process it as part of the case file.

  • Petitioner or respondent in the case — files the waiver after denial of temporary relief.
  • Attorney of record — prepares and signs when representing a party, often includes case reference.
  • Court clerk or judicial officer — accepts and docket-stamps the form for the official record.

Filing parties should confirm their local family court's procedural rules and service requirements before submitting a DV-112 to ensure the waiver is accepted and docketed.

Stepwise Procedure to Complete and File a DV-112

Follow these steps to prepare a valid DV-112 and deliver it to the court and other parties.

  • 01
    Confirm Denial: Verify the temporary request denial and obtain the docketed order or notice.
  • 02
    Complete Form: Fill each field accurately and include the correct case number.
  • 03
    Sign and Date: Sign in ink or use accepted electronic signature with proper authentication.
  • 04
    File and Serve: Submit to the court clerk and serve opposing parties per local rules.

How the DV-112 Moves Through Court Processing

This sequence outlines the standard flow from completion to court action; local variations may apply.

  • Prepare Document: Complete the form with accurate party and case details.
  • Authentication: Apply a valid signature method or notarization if required.
  • Filing: File with the court clerk either in person, by mail, or electronically where allowed.
  • Docketing: Court clerk stamps and adds the form to the case file; parties receive notice per local rules.

Typical Digital Workflow Settings for Submitting a DV-112

When using an e-filing or eSignature platform, configure fields and routing to match court and service requirements.

Field Configuration
Case Number Field Mandatory, validation pattern to match court format
Signature Field Require signer authentication (email + SMS or stronger)
Date Field Use MM/DD/YYYY format and auto-fill option
Routing Auto-serve opposing counsel and attach proof of service

Technical Requirements for Electronic Completion and Submission

Confirm the court accepts electronic submissions and check which authentication and file formats are permitted before using an e-sign or e-file workflow.

  • File Formats: PDF or DOCX are commonly accepted
  • Authentication: Email + SMS code or stronger multi-factor
  • Integrations: E-filing portals or case management systems

If the court requires in-person filing or original signatures, follow local clerk instructions; otherwise use authenticated e-signing and retain the audit trail and a PDF copy for all parties.

Essential Elements to Include on a Professional DV-112

A complete DV-112 contains specific identifiers, a clear waiver statement, authenticated signature, and filing details to ensure acceptance by the court.

Caption

Court name, case title, and case number placed at the top so clerks can immediately identify the matter and docket the filing correctly.

Waiver Language

A concise statement that the signer knowingly and voluntarily waives the right to a hearing on the denied temporary request.

Party Identification

Full legal name and role (petitioner/respondent) for the signer so the waiver is linked to the correct litigant.

Signature and Date

Handwritten or electronically authenticated signature plus MM/DD/YYYY date to establish when the waiver was executed.

Attorney Information

If represented, include attorney name, bar number, and contact information for service and verification.

Clerk Use Area

Space for the court to stamp, include filing date, and note any case administration actions taken after submission.

Required Case and Identity Details on the DV-112

Case Number: Exact case identifier
Court Name: Full court division
Party Name: Legal name as in case
Signature: Handwritten or authenticated
Date: MM/DD/YYYY format
Attorney Info: If represented, include counsel

How the DV-112 Waiver Differs from an Initial Temporary Request

Compare the waiver form to initial temporary relief requests to understand filing purpose and courtroom consequences.

Criteria DV-112 Waiver Temporary Request
Requires Hearing
Primary Purpose record waiver seek emergency relief
Typical Filing Time after denial immediately upon application
Court Action docketing only potential temporary order

Timing and Deadlines to Consider When Filing a DV-112

Deadlines vary by jurisdiction; confirm local rules for filing windows and service requirements to avoid rejection or delay.

File Promptly After Denial:

File as soon as practicable; many courts expect filing within days.

Service on Parties:

Serve opposing parties per local rules, often immediately after filing.

Court Processing Time:

Processing ranges from same-day docketing to several business days.

Correction Window:

Courts may allow correction if minor errors are identified promptly.

Local Rule Overrides:

Local court rules may set explicit short deadlines; always verify locally.

Key Milestones After Completing a DV-112

Track these milestones to confirm the waiver is accepted and the case moves forward without a hearing.

01

Denial Noticed

Court issues notice of denial and informs parties of available next steps.

02

Form Execution

Party completes and signs the DV-112, affirming voluntary waiver.

03

Filing and Service

Document is filed with the clerk and served on opposing parties per rules.

04

Docket Update

Clerk stamps and updates the case docket reflecting the waiver filing.

Common Preparation Challenges when Completing a DV-112

  • Incomplete case numbers or wrong court name causing clerk rejection and need to refile.
  • Unsigned or improperly authenticated signature that fails electronic verification or court acceptance.
  • Failure to serve opposing party correctly, leading to procedural objections or delayed enforcement.
  • Ambiguous waiver language that makes intent unclear and prompts requests for clarification.

Risks and Consequences of an Incorrect or Untimely DV-112

Form Rejection: Missing required data can lead to immediate rejection
Delayed Docketing: Errors can postpone case processing
Service Defect: Improper service may nullify waiver effect
Boundary Loss: Waiving hearing without counsel may affect rights
Privacy Exposure: Improper handling may disclose sensitive details
Judge Discretion: Court may decline to treat waiver as binding

eSignature Vendor Pricing Comparison for Completing the DV-112

Platform pricing and features vary; signNow is listed first. Compare base costs, trial availability, bulk send, audit trail, HIPAA support, and envelope caps.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the DV-112 Waiver of Hearing on Denied Request for Temporary

Answers to common questions about validity, signing, filing, notarization, and what to do if the court rejects the waiver.


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