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Unformatted text preview: DV-510
1 I Filled Out the Forms — What Now? Take your forms to the court clerk. The clerk will give your forms to the judge. The judge will look at them and decide to make the order, or not. Sometimes the judge may want to talk to you. If so, the clerk will tell you. Find out if theIndex No. clerk when to come back to see if the judge signed the order (Form DV-110). The judge must decide by the next business day. Check to see : Calendar No. if the judge made any changes.
: JUDICIAL SUBPOENA Plaintiff(s) “File” the judge’s order. If the judge signs the order, the clerk will “file” it. The clerk will keep the original for the court and give you 5 “Filed” -against- If you need more, make :them yourself. copies. : What to do with your copies: ■ Keep 1 copy with you, always. You may need to show it to the police. : ■ Keep another copy in a safe place. Defendant(s) : ■ Give a copy .to. anyone. else. protected . by . the .order.. . . . . . . . . . . . . . . . . . ....... ... ......... .. ... ..... ■ Leave copies at the places where the restrained person is ordered not to go (your school, work, etc.) ■ Give a copy to the security officers in your apartment and office buildings. THE get entered into a special computer Restraining orders PEOPLE OF THE STATE OF NEW YORKat the California Department of Justice. That way, police officers across the state can find out about your order. In some counties, the court sends your order TO to the state computer for you. Ask the clerk if your court will do this. If not, take a copy of DV-110 Temporary the order to your local police. They can enter and Notice Restraining Order of Hearing GREETINGS: 1 Protected per son’s name: your order into the computer.
Clerk stamps below when form is filed . 2 COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. the judge made the Temporary Restraining Order. Ask : 3 4 ted son’s add WE COMMAND YOU, that all business randperbe private,ress (skip this if you have a lawaside, you and each of you attend before excuses being laid yer) you address to : (If you give a mailing address instead ): , the Honorable at the Court want Know your hearing date. City: State: Phone # (optio located at County of Zip: nal): ( ) Protected person Look at Form DV-110 for the in room , on the day of , 20 ’s lawyer atany): (Name, addresso'clock in the , (if noon, and at any recessed , ne #, Bar date and timeor adjourned date, to testify and give evidence as a witness in this actionphoon and State part ofrttheand street address of your hearing. the #): Cou name :
Superior Co Protec You must go to your hearing to get a permanent order. The lasts urt of Califo rnia, County of 2 Restrained per Description of son’s name: that person : Sex: Wt.: M Race: Ht.: Your failure to comply with this subpoenaloris punishable as aF contempt of court and will make you liable to Eye Co : Case Numb Hair Color: er: Age: Da of Birth: the party on only order you have nowwhose behalf this subpoena was issued for a maximum tepenalty of $50 and all damages sustained as a 3 List the ful l names of all family or house hold members for aboutresult of your failure to comply. 3 weeks. protected by 4 Witness, Honorable Court in County, ing Date (Fe cha de la Au Court will fill diencia, in box below. )
Hearing Date Court Hear this order: one of the Justices of the
ress of court if different fro m above: day of ➽ Date:
Dept.: , 20
Time: Rm.: Name and add estas órdene To the person in also make oth ❷: At the hearing, the jud ge can ma er orders about money, childr want the orders (Attorney ke restraining ordabove and type name below) en, and promust sign ers that last for against you. Ev perty. At up to 3 en if you do no Para la person t attend the hea the hearing, you can tell the years. The judge can a nombrada ring, you must jud en ❷: En est máximo de obey the orders ge if you do not a audiencia 3 años. El jue el jue z pue .
s, vaya a la z puede hac de también er que la ord hacer otras en de restric audiencia y órdenes ace ción sea vál dígaselo al jue rca de dinero ida hasta un , niños y pro z. Aunque no piedad. Si Ust vaya a la aud ed se opone iencia, tiene rders (Ord a que obedec enes Tempo er estas órd rales) enes. in this for 5 Any orders ma de m end on the Read this form date and time carefully. All of checked boxes Todas las órd ✔ are court ordthe court hearing in ❹, unless enes hechas ers. a judge ext en est ext
ienda. Lea est e formulario Temporary O Attorney(s) for a formulario ends them. terminarán en la fecha con cuidado. y hora de la Todas las cas audiencia en illas marcadas ❹, al menos que un ✔ son órdenes juez las de la corte. Judicial Cou ncil of Californ ia, www.cour Rev. January tinfo.ca.gov 1, 2003, Man datory Form Family Code, § 6200 et seq. Approved by DOJ This is a Co Temporary
(Domestic Officeurt Order. Address and P.O.
Violence Pre vention) Order (CLE TS) DV-110, Page 1 of ➔ 5 Judicial Council of California www.courtinfo.ca.gov New January 1, 2003 I Filled Out the Telephone No.: Facsimile No.: E-Mail Address: Forms — What Now?No.: Mobile Tel. DV-510, Page 1 of 2
American LegalNet, Inc. www.USCourtForms.com (Domestic Violence Prevention) ➔ DV-510
5 I Filled Out the Forms — What Now? “Serve” the restrained person. Ask someone you know, a process server, or law enforcement to personally “serve” (give) the restrained person a copy of the order. You cannot send it by mail. The server must: ■ Be 18 or over ■ Not be protected by the orders Law enforcement will serve the orders for free.* A “process server” is a business you pay to deliver court forms. Look in the Yellow Pages, under “Process Serving.” * Don’t serve by mail! *If law enforcement or the process server uses a different Proof of Service form, make sure it lists the forms served. 6 File your Proof of Service. The “Proof of Service” shows the judge and police that the restrained person got a copy of the order. Make 5 copies of the completed Proof of Service. Take the original and 5 copies to the court clerk before your hearing. The clerk will keep the original and give you back the copies stamped “Filed.” Bring a copy to your hearing. Keep 1 copy with you and another in a safe place in case you need to show it to the police. Give the other copies out like you did in ❸. Some courts send the Proof of Service to law enforcement for you. That way, police across the state know that the restrained person knows about the orders. Ask the clerk if they will do this. If not, take a copy of the order and Proof of Service to your local police. 7 If the restrained person wasn’t served … The restrained person must be served before the hearing. If the restrained person wasn’t served, fill out DV-125 to ask the judge for a new hearing date. Do this before or at your hearing. (If you wait until after the hearing, you have to start from the beginning.) If the judge signs this order, the restraining order will last until the new hearing date. ■ File the signed order (DV-125) with the clerk. ■ Attach it to your other court papers and get the restrained person served. ■ If you didn’t file the original “Proof of Service,” bring it to your hearing. ■ Give a “Filed” copy of DV-125 to your local police. ■ Bring a copy to your hearing. After serving the orders, the server fills out and signs the “Proof of Service” and gives it to you. New January 1, 2003 I Filled Out the Forms — What Now?
(Domestic Violence Prevention) DV-510, Page 2 of 2 ...
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This note was uploaded on 03/02/2011 for the course SOC 168 taught by Professor Lio during the Spring '07 term at UC Riverside.
- Spring '07