Fill and Sign the Dv 130 Restraining Order After Hearing Order of Protection Form

This is a Court Order. Revised January 1, 2012, Mandatory Fo rm Family Code, § 62 00 et seq. Approved by DOJ Cler k stam ps date here when form is filed. Fill in court name and street address: Supe rio r Cour t of Cal ifor nia, Cou nty of Case Numb er: Fill in case number: Restraining Order After Hearing (Order of Protection) Restrai ning Ord er After He aring (CLETS—OAH) (Order o f Protec tion ) (Do mes tic Vio len ce Pre vention ) DV-130 Name of Protected Person: Your lawyer in thi s case (if you have one): Zip: State: City: Teleph on e: 12 Na me: State Bar No.: Addre ss: Address (If you hav e a lawyer for this case, give your lawyer ’s informa tion. If yo u do not ha ve a lawy er an d wan t to kee p you r ho me address private, give a different mailing addr ess instead. You do not hav e to give your te lephone , fax, or e-mail.): Fa x: Firm Name: Name of Re stra ined Person: Desc ription of restraine d person: E-Mail Address : Ful l name M F Height: Sex: Ma iling Address (if kn own): Race: Date of Bi rth: City: Age : Additional Protected Persons The orde rs, except as noted below, end on 4 Weight: Hair Color: Eye Color: State: Zip: Se x Age Rel ationship to person in In addition to the person named in , the foll owin g persons are prot ected by order s as indicated in item 3 Expiration Date Re lationsh ip to prot ected perso n: 161 and (famil y or househo ld memb ers) : 7 Check here if there are additional prot ected persons. List them on an atta ched sheet of paper and write, “DV-130, Additional Protected Persons” as a title. If no date is writ ten, the restraini ng or der ends thr ee year s afte r the date of the heari ng in item (a). (date): a.m. p.m. or mi dn igh t • • If no time is written, the restraining order ends at midnight on the expiration date. Note: Custody, visitation, c hild supp ort, and spousal support orders remain in effect afte r the restraining order ends . Cus tody , visitation and child support orders usually end when the child is 18. • • The court orders are on pages 2, 3, 4 and 5 and attachme nt pages (if any). Thi s orde r com plie s with VAWA an d sh all be e nforce d th ro ugho ut th e Uni ted St ates . See pag e 5. DV -130 , Page 1 of 6 at (time): 5 Judicial Council of Califo rnia Case Number: 6 7 8 Move-Out Order The person in must move out immediately from (address): This is a Court Order. Revised January 1, 2012 Restraining Order After Hearing (CLETS—OAH) (Order of Protection) (Domestic Violence Prevention) 5 Hearings The hearing was on (date): with (name of judicial officer): a. The court has granted the orders checked below. Item is also an order. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both. The people in and must return to court on (date): at (time): a.m. p.m. to review (specify issues): b. To the person in 2 These people were at the hearing (check all that apply): The person in 1 The person in 2 The lawyer for the person in (name): The lawyer for the person in (name): c. 1 2 1 2 Personal Conduct Orders 1 The person in must not do the following things to the protected people in and : a. Peaceful written contact through a lawyer or process server or another person as needed to serve legal paper is allowed and does not violate this order. b. 3 2 Harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep unde r surveillance, or block movements. Contact, either directly or indirectly, by any means, includ ing, but not limited to, by telephone, mail, e-mail or other electronic means. Take any action, directly or through others, to obtain the addresses or locations of any protected persons. (If this item is not checked, the court has found good cause not to make this order.) Exceptions: Brief and peaceful contact with the person in , and peaceful contact with children in , as required for court-ordered visitation of children, is allowed unless a criminal protective order says otherwise. c. 3 1 2 Stay-Away Order The person in must stay at least (specify): yards away from: a. The person in The persons in Home of person in The job or workplace of person in School of person in The children’s school or child care Other (specify): 1 3 1 1 1 1 Vehicle of person in 1 3 Exceptions: Brief and peaceful contact with the person in , and peaceful contact with children in , as required for court-ordered visitation of children, is allowed unless a criminal protective order says otherwise. b. 2 DV-130, Page 2 of 6 9 Case Number: No Guns or Other Firearms or Ammunition Child Custody and Visitation The person in cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition. Record Unlawful Communications The person in has the right to record communications ma de by the person in that violate the judge’s orders. 1 Animals: Possession and Stay-Away The person in is given the sole possession, care, and control of the anim als listed below. The person in must stay at least _ _____ yards away from and not take, sell, transf er, encumber, conceal, molest, attack, strike, threaten, harm, or otherwise disp ose of the following animals: 1 Child Support Property Control Only the person in can use, control, and possess the following property: a. b. The person in must: Sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms within his or her immediate possession or control. This must be do ne within 24 hours of being served with this order. • File a receipt with the court within 48 hours of receiving this order that proves guns have been turned in or sold. (Form DV-800 , Proof of Firearms Turned In or Sold , may be used for the receipt.) • 1 The court has received information that the person in owns or possesses a firearm. c. This is a Court Order. Revised January 1, 2012 Restraining Order After Hearing (CLETS—OAH) (Order of Protection) (Domestic Violence Prevention) 3 2 15 Debt Payment The person in must make these payments until this order ends: Pay to: For: Amount: $ Due date: Pay to: For: Amount: $ Due date: 16 Property Restraint The person in person in must not transfer, borrow against, sell, hide, or get rid of or destroy any property, including animals, except in the usual course of business or for necessities of life. In addition, the person must notify the other of any new or big expenses and explain them to the court. (The person in cannot contact the person in if the court has made a “Personal Conduct”order.) 2 1 Peaceful written contact through a lawyer or a process serv er or other person for service of legal papers related to a court case is allowed and does not violate this order. Check here if more payments ordered. Attach a sheet of paper and write, “DV-130, Debt Payments” as a title. Pay to: For: Amount: $ Due date: 1 2 Child support is ordered on the attached Form FL-342, Child Support Information and Order Attachment or (specify other form): Child custody and visitation are orde red on the attached Form DV-140, Child Custody and Visitation Order or (specify other form): 2 2 2 2 2 9 12 10 11 13 14 DV-130, Page 3 of 6 Case Number: 20 Batterer Intervention Program The person in must go to and pay for a 52-week batterer intervention program and show written proof of completion to the court. This program must be approved by the probation department. 21 Other Orders 22 If the sheriff or marshal serves this or der, he or she will do it for free. Revised January 1, 2012 17 Spousal Support Attachment or (specify other form): 23 Service a. The people in and were at the hearing or agreed in writing to this order. No other proof of service is needed. 1 b. The person in was at the hearing. The person in was not. 1 (1) Proof of service of Form DV-109 and Form DV-11 0 (if issued) was presented to the court. The judge’s orders in this form are the same as in Form DV-110 except for the end date. The person in must be served. This order can be served by mail. (2) Proof of service of Form DV-109 and Form DV-110 (if issued) was presented to the court. The judge’s orders in this form are different from the orders in Form DV-110, or Form DV-110 was not issued. Someone—not the people in or —must personally “serve” a copy of this order to the person in . 1 Restraining Order After Hearing (CLETS—OAH) (Order of Protection) (Domestic Violence Prevention) This is a Court Order. Spousal support is ordered on the attached Form FL-343, Spousal, Partner, or Family Support Order 18 Lawyer’s Fees and Costs 19 Payments for Costs and Services Check here if more payments ordered. Attach a sheet of paper and write,“DV-130, Payments for Costs and Services” as a title. 2 The person in must pay the following lawyer’s fees and costs: Pay to: For: Amount: $ Due date: Pay to: For: Amount: $ Due date: 2 The person in must pay the following: Pay to: For: Amount: $ Due date: Pay to: For: Amount: $ Due date: Pay to: For: Amount: $ Due date: Other orders (specify): Form CR-160, Criminal Protective Order—Domestic Violence , is in effect. (If more orders, list them on extra sheet of pape r and write, “DV-130, Other Criminal Protective Orders” as a title.) 24 Criminal Protective Order a. Case Number: County:Expiration Date: b. No information has been pr ovided to the judge about a criminal protective order. 2 2 2 3 2 2 DV-130, Page 4 of 6 No Fee to Serve (Notify) Restrained Person Case Number: • • Instructions for Law Enforcement This is a Court Order. Revised January 1, 2012 25 Attached pages are orders. All of the attached pages are part of this order. Attachments include (check all that apply): DV-140 Other (specify): DV-145 DV-150 Date: Judge (or Judicial Officer) Start Date and End Date of Orders The orders start on the earlier of the following dates: • • The hearing date in item (a) on page 2 or The date next to the judge’ s signature on this page. The orders end on the expiration date in item on page 1. If no date is listed, they end three years from the hearing date. Restraining Order After Hearing (CLETS—OAH) (Order of Protection) (Domestic Violence Prevention) It is a felony to take or hide a child in violation of this order. Certificate of Compliance With VAWA This restraining (protective) order meets all “full faith and credit” requirements of the Violence Against Women Act, 18 U.S.C. § 2265 (1994) (VAWA) upon notice of the restrain ed person. This court has jurisdiction over the parties and the subject matter; the restrained person has been or will be afforded noti ce and a timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in each jurisdiction throughout the 50 states of the United St ates, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction. Warnings and Notices to the Restrained Person in 2 If you do not obey this order, you can be arrested and charged with a crime. • •If you travel to another state or to tribal lands or make the protected person do so, with the intention of disobeying this order, you can be charged with a federal crime. If you do not obey this order, you can go to jail or prison and/or pay a fine. • You cannot have guns, firear ms, and/or ammunition. You cannot own, have, possess, buy or try to bu y, receive or try to receive, or otherwise get guns, other firearms, and/or ammunition while the order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control. The judge will ask you for proof that you did so. If you do not obey this order, you can be charged with a crime. Federal law says you cannot have guns or ammunition while the order is in effect. DV-130, Page 5 of 6 •Number of pages attached to this six-page form: FL-342 FL-343 4 5 —Clerk’s Certificate— I certify that this Restraining Order After Hearing (Order of Protection) is a true and correct copy of the original on file in the court. Clerk, by , Deputy (Clerk will fill out this part.) Date: This is a Court Order. Revised January 1, 2012 Arrest Required If Order Is Violated Case Number: If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order, the officer must arrest the restrained person. (Penal Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Notice/Proof of Service Law enforcement must first determine if the restrained person had notice of the orders. If notice cannot be verified, the restrained person must be advi sed of the terms of the orders, If the restrained person then fails to obey the orders, the officer must enforce them. (Family Code, § 6383.) Consider the restrained pe rson “served” (noticed) if: The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or The restrained person was at th e restraining order hearing or was informed of the order by an officer. (Fam. Code, § 6383; Pen. Code, § 836(c)(2).) An officer can obtain info rmation about the contents of the order in the Domestic Violence Restraining Orders System (DVROS). (Fam. Code, § 6381(b)(c).) • • If the Protected Person Cont acts the Restrained Person Even if the protected person invites or consents to contact with the restrained person, the orders remain in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, §13710(b).) Child Custody and Visitation • • The custody and visitation orders are on Form DV-140, items and .. They are sometimes also written on additional pages or referenced in DV-140 or other orders that are not part of the restraining order. 3 4 Forms DV-100 and DV-105 are not orders. Do not enforce them. Enforcing the Restraini ng Order in California Any law enforcement officer in California who receives, sees, or verifies the orders on a paper copy, the California Law Enforcement Telecommunications System (CLETS), or in an NCIC Protection Order File must enforce the orders. Conflicting Orders A protective order issued in a criminal case on Form CR-16 0 takes precedence in enforcement over any conflicting civil court order. (Pen. Code, § 136.2(e)(2).) Any nonconflicting term s of the civil restraining order remain in full force. An emergency protective order (Form EPO-001) that is in effect between the same parties and is more restrictive than other restraining orders takes preced ence over all other restraining orders. (Pen. Code, § 136.2.) Restraining Order After Hearing (CLETS-OAH) (Order of Protection) (Domestic Violence Prevention) DV-130, Page 6 of 6 Clerk’s Certificate [seal]