Fill and Sign the Notice This Form is to Be Completed and a Copy Furnished to

Get Ready for the Court Hearing Be prepared. Bring documents tha t support your case (pol ice or medica l reports, rental a greeme nts or receipts, photos, bills, etc.). Most co urt roo ms do not al low ch ild ren. Be for e the date of the hearing, ask if th ere is a children’s wait ing room in the courthouse if you do not have childca re available. Don't miss the hearing. Find the courtroom. When the courtroom opens, go in and te ll th e court cle rk or officer that you are pres ent. Watch the other cases so yo u will know what to do. W hen yo ur name is called , go to the front of the courtroom. What if you don’t speak English? When you file your papers, tell t he clerk you will need an i nterpreter. I f a cour t interpreter i s not avai lable, bri ng some one to inte rpret for you. Do no t ask a child, a protec ted person, or a witness to interpret for you. The judge may ask questions. Give complete answers. If yo u do n’t un derstan d, say “I do n’t un derstan d the questi on.” Speak only to the judg e, unless it is your turn to ask questions. When people are talki ng, wait for them to fi nish. T hen you ca n ask the m questio ns about what they said. Do not int errupt other than for legal objections. Either person can bring a “support” person to the court hearing to feel safer. The supp ort perso n mu st not talk for either perso n in co urt. If you are af raid of the other person, tell the officer. Yo ur hearin g may last ju st a few min utes or up to an ho ur or mo re. Ho wev er, y ou may be at co urt several ho urs, depending on the number of other cases. Revised January 1, 20 12 DV-520-INFO, Page 1 of 3 • • • • • • • • • • • • • • • • DV-520-INFO Get R ead y fo r th e Court Hearing (Dom es tic Vio len ce Pre vention) If t he other person t ells a lie, wait unt il he or she finishes talking, then tell t he judge. • Do not sit near or talk to the other person. • Bring 2 copies of all documents and filed forms, incl uding the Proof of Service. • • Practice what you want to say to the judg e. Ma ke of list of the orde rs you want or the ord ers yo u disag ree with . If yo u get nervous at the he aring, just read from your list. • If yo u are the p erson aski ng fo r pr otectio n an d y ou miss the hearing , the restra ining orders will en d an d yo u will h ave to complete the pa perwork all over again. If you are the person to be restrained and you miss the hearing, the judge ca n still make the orde rs. Get there 30 minutes early. If yo u are th e person to be restrain ed , complete, file, and serve F orm DV-120, Re sponse to Request for Domestic Viole nce Restraining Order, if yo u hav en’t alread y. Brin g 3 co pies of DV-1 20 to th e h eari ng. You can bring documents or w itnesses to he lp support your cas e. Provide the othe r party with a copy of all documents or witne ss state ments. Your witnesses ca n write the ir stateme nts about what they saw or hea rd, signed under penalty of perju ry. Th ey can use form MC-0 30, Declaration , or a sheet of paper t itled “Declarati on.” • • • Do not si t near or talk to the other person. Th e perso n to be protected and the person to be restrained or their la wyers may ask questions. • Tell the truth. Spea k slowly. You can read from your lis t. Judicial Council of California Get Ready for the Court Hearing DV-520-INFO, Page 2 of 3 Any orders will be written on Form DV-130. When you receive the signed and filed Form DV-130, read it carefully. If anything is different from what the judge ordered, tell the court clerk right away or talk to your lawyer if you have one for the case. For person to be protected:At the hearing, the judge will consider whether denial of any orders will risk the safety of the person asking for protection or the safety of children for whom custody, visitation, or child support orders are requested. Safety concerns about the financial needs of the person asking for protection will also be considered. Sometimes the court clerk will fill out Form DV-130. If not, ask who should fill it out. At the end of the hearing, the judge will say what the orders are. The orders will be put on Form DV-130 (Restraining Order After Hearing). The judge may “continue” your case. This means you have to come back another day. The judge can do this if: The judge wants more information Your hearing is taking longer than planned The person to be restrained needs time to get a lawyer or prepare an answer The court may use Notice of New Hearing Date and Order on Reissuance (Form DV-116) for the new hearing. What about child custody or visitation? If you need child custody or visitation orders, the judge will send you to Family Court Services which helps parents agree on a plan for custody and visitation that is best for the children. Revised January 1, 2012 • • • • • • • • • The person to be protected may ask the judge to extend the temporary orders until the new hearing date. (Domestic Violence Prevention) DV-520-INFO Get Ready for the Court Hearing If the court clerk fills out Form DV-130, the clerk will bring the form to the judge. Ask the clerk for the local process to get Form DV-130 filed. After the form is filed, the court clerk will give you up to three copies. Read the signed Form DV-130 carefully. If anything is different from what the judge ordered, tell the court clerk right away or talk to your lawyer if you have one for the case. If you fill out Form DV-130, bring it to the court clerk when you finish. • • • • The judge will decide. If the judge makes orders at the hearing–Form DV-130 For person to be restrained: If the judge makes orders at the hearing you must obey them. If you do not, you could be arrested. • • If you are sent to Family Court Services, the judge may make the restraining, custody, and visitation orders last until the next hearing or until another court order. Either parent can ask to meet with Family Court Services separately. The protected person may bring a support person to the meeting. A support person can provide emotional support but cannot speak for the protected person. DV -520-INFO, Page 3 of 3 Use this chec klist to se e if you ha ve the right forms for the case: • • • What if you are deaf or hard of hearing? Assistive lis tening systems , computer-assisted real- time captioning, or sign language interpreter services MC-410). ( Civil Code, § 54. 8.) If the restrained person was not at the hearing, but the judge’s orders are the same as t he temp orary or der, yo u may hav e hi m or h er serv ed wit h a co py of Fo rm DV-13 0 by mail. What happens after the hearing? The court clerk will send Form DV-130 to law enforcement or CLE TS f or you. CLETS is a statewide computer system that lets pol ice know about t he order. If the restrained person was at the hea ring, you may have him or her serv ed with a cop y of Form DV -130 by ma il. • • • For person to be protec ted: Keep a copy of the orders with you at all times. • If yo u do no t receiv e a cop y of the orders with in a few days after the he aring, ask the cle rk for a copy. You wi ll be served with the Restraining Or der Afte r H earing (Fo rm DV-13 0) with in a few day s, by mail or in pe rson. • • For person to be restraine d: Ke ep a copy of the orders with you at all times. • DV-520-INFO Get Ready for the Court Hearing • Which forms will I recei ve after the hearing? Fo rm DV-14 0 (Child Cust ody and Visitation Order) if the judge orde red child custod y or visitation. Sometimes la wyers use different forms. Fo rm FL -34 2 (Ch ild Su pp ort Inf ormat ion and Order A tta ch ment) or Form FL-343 (Spousal, Partner, or Family Sup po rt Order Attach ment) if the judge orders chil d support an d/or sp ou sal support. Fo rm DV-13 0 (R estra ining Order A fter Hearin g ) if the judge made orders at the he aring. Ask the court clerk about free or low-cost legal help. Need more help? 1-80 0-7 99-72 33 It’s free and priva te. They can help you in mo re than 100 la ng uag es. For a referral to a local domestic viol ence or legal assi stance pr ogram, cal l the National Domest ic Violence Hotline: TDD: 1 -80 0-7 87-3 224 Revised January 1, 2012 Get Ready for the Court Hearing (Domestic Violence Preventi on) If the restrained person was not at th e hearing, and the judge ’s orders are differe nt from the temp orary order, yo u mu st have so meo ne serv e Fo rm DV-13 0 in pe rson, no t by mail. Ask th e serv er to co mp lete Form DV -200 , Proof of Personal Service, and give it back to you . Request for A ccommodati ons by Pe rsons Wit h Di sabi lities and Order (For m are available if you ask at least five days before the proceeding. Conta ct the clerk’s office for the