How do you respond to restraining orders?
To respond to a restraining order in California, you must fill out the appropriate response form (like DV-120 for domestic violence or CH-120 for civil harassment), state whether you agree or disagree with the request, explain why, and file it with the court. You should then have a copy served to the other party and attend the court hearing to present your case, but consider consulting a lawyer first, as anything you write can be used against you.
Responding to The Restraining Order:
1) Complete the correct form
Use the specific response form for the type of restraining order you received. Examples include DV-120 (Domestic Violence) or CH-120 (Civil Harassment).
2) State your position
Clearly explain whether you agree or disagree with the order. If you disagree, explain why and suggest what you think the court should order instead.
3) Include evidence
Attach copies of any evidence that supports your case, such as photos, text messages, or emails.
4) Make copies
Make two copies of your completed forms (one for your records and one to serve to the other party), plus the original.
Filing and Serving the Response:
1) File with the court
Take the original and two copies to the courthouse listed on the papers you were served. The clerk will stamp the copies and return them to you. Some courts may have online filing or drop boxes.
2) Serve the other party
You must have a copy of your response mailed to the other party. You can do this by mail or have a third party do it for you. You will need to complete a Proof of Service form (DV-250) and file it with the court.