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Response to Request for Domestic Violence Restraining Order

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가정폭력 금지명령 신청서에 대한 답변 (DV-120 K)

이것은 법원 명령이 아닙니다. / Judicial Council of California

Revised July 1, 2016, Mandatory Form / Family Code, § 6200 et seq.

1. 보호를 신청하는 사람의 이름

2. 답변인 이름

이 사건을 대리할 변호사(고용한 경우)

3. 청문일

4. 보호를 신청한 사람과의 관계

5. 다른 보호 대상자

6. 개인 행동 금지 명령

7. 접근 금지 명령

8. 퇴거 명령

9. 총기 또는 기타 화기 또는 탄약

10. 불법적인 연락 기록

11. 동물 관리

12. 자녀 양육권 및 방문

13. 자녀 부양비

14. 재산 관리

15. 부채 지불

16. 재산 처분 금지

17. 배우자 부양비

18. 모바일 기기 및 무선 전화기 계정에 대한 권리

19. 보험

20. 변호사 수수료 및 비용

21. 비용 및 서비스에 대한 지불

22. 폭행자 교정 프로그램

23. 추가 명령

24. 본인 부담 비용

임시 명령이 충분한 사실의 뒷받침이 없이 발부되었기 때문에, 본인은 다음과 같은 본인 부담비용에 대한 지불을 명령해 줄 것을 법원에 신청합니다.

25. 본인이 신청한 명령에 동의하지 않는 이유

26. 첨부한 페이지의 수

날짜

이름을 타자하거나 정자로 기재

이름을 서명

변호사 이름(고용한 경우)

날짜

변호사 서명

Enter text

What a Response to Request for Domestic Violence Restraining Order Is

A Response to Request for Domestic Violence Restraining Order is the formal written filing a person (the respondent) prepares and files with the court after being served with a petition seeking a domestic violence restraining order. The response explains whether and why the respondent opposes or agrees to the requested orders, states facts and legal defenses, and may request additional relief or a hearing. In many jurisdictions the response must follow court-prescribed forms and be filed with the same clerk who received the petition; it becomes part of the case record and is considered by the judge when deciding on temporary and final orders.

Why a Proper Response Matters

A clear, complete response preserves your right to be heard, sets the factual record, and informs the judge of defenses or alternative requests. Proper form and timely filing help prevent procedural default and ensure your evidence and witness requests are considered.

Why a Proper Response Matters

Who Prepares or Files This Response

Choose the pathway (attorney vs. self-representation) based on complexity, evidentiary needs, and local procedural rules.

  • Respondent represented by counsel — attorneys prepare a formal, evidence-supported response and file with the court.
  • Self-represented respondent — individuals use court-provided response forms, local rules, and pro se assistance resources.
  • Public defender or legal aid — assigned counsel or clinics prepare responses in eligible cases.

Core Parts of a Professional Response

A complete response organizes case identifiers, clear admissions or denials, factual narrative, legal defenses, and specific requests to the court. Use numbered paragraphs and reference exhibits where possible.

Caption

Court name, case number, party names, and hearing date; matches the petition caption exactly to avoid clerical errors or misfiling.

Admissions/Denials

Clear statement for each allegation in the petition: admit, deny, or lack sufficient information to admit or deny; use numbered paragraph responses tied to the petition.

Affirmative Defenses

Legal defenses such as lack of jurisdiction, misidentification, or prior settlement; include concise legal grounds and relevant facts.

Counter-Requests

If seeking different relief (e.g., modification of temporary orders or a request for alternative conditions), state them plainly and support with facts.

Supporting Evidence

List and attach exhibits (texts, photos, witness declarations) and indicate how each item supports your factual assertions.

Signature Block

Respondent or attorney signature, printed name, address, telephone, email, and date; include attorney bar number where required.

Required Information and Fields

Case Number: Exact number from the petition
Court Name: Full judicial district/court
Respondent Name: Legal name as shown on petition
Petitioner Name: Legal name as shown on petition
Admissions/Denials: Per-allegation response
Signature Line: Signature and date

Step-by-Step: Completing and Filing Your Response

Follow these sequential steps to prepare, sign, and submit a response that meets court procedural requirements.

  • 01
    Gather Documents: Collect the petition, any notices, and supporting evidence.
  • 02
    Complete Form: Fill each field, respond to numbered allegations, and list exhibits.
  • 03
    Sign the Response: Sign physically or electronically according to local court rules.
  • 04
    File and Serve: File with the court clerk and serve the petitioner per local rules.

Customizing an Online Response Workflow

If using an electronic workflow, configure fields, signer roles, and delivery to match court requirements and service rules.

Field Configuration
Case Number Field Required, single-line, exact-match validation
Allegation Responses Repeatable numbered fields, required
Evidence Upload PDF/JPEG allowed, label by exhibit number
Signature Type Electronic or wet signature per court/local rule

Where to File and How the Process Moves

Filing and service methods differ by jurisdiction; follow the clerk's instructions for filing, e-filing, and serving the petitioner.

  • File With Clerk: Submit response to the same court clerk who received the petition.
  • Serve the Petitioner: Serve copies by approved methods (personal service, sheriff, or permitted mail).
  • Request Hearing: If a hearing is needed, request a date per local scheduling rules.
  • Attend Hearing: Bring originals and witnesses to the scheduled hearing.

Digital Filing and Electronic Submission Essentials

Ensure the platform you use produces a tamper-evident PDF and retains an audit trail that courts accept for evidentiary and filing purposes.

  • File Format: PDF/A or court-accepted PDF
  • Authentication: Email verification or stronger ID as required
  • Audit Trail: Include signing timestamps and signer attribution

Common Timelines and Filing Deadlines

Timing matters: file promptly and meet service deadlines to preserve procedural rights and ensure timely hearings.

Immediate Response Window:

File as soon as possible; some courts require filing before the temporary order hearing.

Hearing Scheduling:

Emergency/temporary orders often trigger a hearing within days to weeks depending on jurisdiction.

Service Deadline:

Serve the petitioner within the timeframe required by local rules after filing.

Objections:

Raise procedural objections promptly or risk waiver.

Record Retention:

Keep copies of filed documents and proof of service indefinitely for legal defense.

Common Mistakes to Avoid

  • Missing or incorrect case number causing misfiling or delay in clerk processing.
  • Failing to respond to each numbered allegation with an admit/deny statement.
  • Not serving the petitioner correctly, which can result in default orders.
  • Submitting unsupported factual assertions without exhibits or witness declarations.

Consequences of an Incorrect or Late Response

Default Orders: Court may issue restraining order by default if no timely response is filed
Criminal Exposure: False statements under penalty of perjury can lead to criminal charges
Evidence Exclusion: Late exhibits may be excluded from hearing consideration
Contempt Risk: Violating temporary orders can trigger contempt proceedings
Record Impact: A restraining order on record can affect custody, employment, and gun rights
Service Errors: Improper service can prolong proceedings and increase costs

Supporting Documents Commonly Attached

Attach supporting exhibits and declarations to corroborate factual statements and to rebut alleged conduct in the petition.

Declarations

Signed, dated witness or respondent declarations describing events. Include contact information and relationship to the parties.

Text and Call Records

Time-stamped screenshots or carrier records labeled as exhibits; avoid altering metadata.

Photos/Videos

Original media with context and date; label files and describe relevance in the declaration.

Police Reports

Official incident reports and case numbers; reference them in the response and attach copies if available.

How Responses Often Look in Practice

Real-world examples illustrate typical facts and structural approaches used in responses.

Self-Represented Response

A parent files a concise response denying specific allegations and attaching text logs as exhibits

  • Example point: denies contact after alleged date
  • The response lists three exhibits, requests a hearing, and asks the judge to consider witness statements and the lack of corroborating police reports when deciding temporary relief.

Attorney-Prepared Response

Defense counsel files a detailed response admitting limited facts but disputing others, includes declarations and timestamps

  • Example point: requests limited protective terms
  • The filing proposes alternative interim measures, identifies factual inconsistencies in the petition, and requests a trial date with full evidentiary presentation.

Practical Tips for Accurate and Efficient Completion

Follow these practical rules to improve clarity and reduce processing delays.

Match the Caption Exactly
Copy the case caption and number exactly from the petition to avoid misfiling and clerical rejections by the court clerk.
Respond Item-by-Item
Answer each numbered allegation directly (admit/deny) and add short clarifying facts rather than long narrative blocks that may be treated as hearsay.
Label Exhibits Clearly
Number each exhibit, reference them in the body of the response, and attach a separate exhibit index for the court and opposing party.
Keep Copies of Proof of Service
Retain signed certificates of service and delivery receipts; courts require proof that the petitioner received your response.

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Frequently Asked Questions About Responding to a DV Restraining Order

Answers to commonly asked operational and procedural questions when preparing a response to a domestic violence restraining order petition.


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