DV-109

Notice of Court Hearing (Domestic Violence Prevention)

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California · Personal service 5 days before hearing.

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What is DV-109?

California Judicial Council mandatory-use Notice of Court Hearing under Family Code sections 242 and 6320.5. The petitioner pre-fills items 1 and 2 (petitioner name, restrained-person name) and brings DV-109 to the clerk together with DV-100 and CLETS-001 (and DV-110 if a TRO is requested). The CLERK fills the hearing date, time, department, and room (item 3) and stamps the case number; the JUDGE rules on the TRO request and marks item 4. Item 6 is the service-of-papers list with a default 5-day personal-service deadline that the court may shorten. The petitioner then has someone over 18 (not them, not a protected person) personally serve the file-stamped DV-109 along with DV-100, DV-110 (if granted), DV-120, DV-120-INFO, and any DV-165 / DV-170 (if a minor's information is being protected) on the restrained person.

What happens if you miss the deadline: Missing the 5-day service deadline usually means the court continues the hearing rather than dismissing the case. Use form DV-115-INFO to ask for a new hearing date if you cannot get service done in time.

How to file

Filing fee: $0. DV petitions are fee-free under Family Code section 6222.
Filing method: in-person, mail, efile (county-specific)
Filing deadline: File DV-109 with DV-100, CLETS-001, and (if requesting a TRO) DV-110. The clerk sets the hearing date when DV-100 is filed; under Family Code section 242, the hearing must be held within 21 days of TRO grant or denial (25 days on good cause). Personal service of the file-stamped DV-109 (with the rest of the packet) must happen at least 5 days before the hearing under Family Code section 243, unless the court shortens the time on the petitioner's request or its own motion. Use form DV-115-INFO to ask for a new hearing date if you cannot complete service in time.
How to serve: Personal service by an adult over 18 who is NOT the petitioner or anyone listed in item 8 of DV-100. The sheriff or marshal serves for free under Family Code section 6383; use SER-001 (Request for Sheriff to Serve Court Papers). Use DV-200 to file the proof of personal service.
Wet signature: No
Notarization: No
Original and copies: Original plus three copies (one for the court, one for the petitioner, one for service on the restrained person, one for the protective person's file).

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You'll likely also file

Other Ezel-supported forms that commonly file alongside DV-109. Each one has its own guided fill, AI review, and PDF render.

DV-100

Request for Domestic Violence Restraining Order

Request for Domestic Violence Restraining Order. DV-109 is the court-issued Notice of Court Hearing FOR a DV-100 case under the Domestic Violence Prevention Act (Family Code sections 6200-6460); the petitioner files DV-100 + DV-109 together (often with DV-110 Temporary Restraining Order proposed) at the family-law clerk window under Family Code section 6225 (no fee under FC 6222, expedited intake), the clerk fills DV-109's hearing date / time / department / room while the petitioner waits per California Rules of Court rule 5.245(c) (clerk mandatory same-day intake for DV calendar), and the judge reviews the DV-100 at filing under Family Code section 240 to decide whether a same-day TRO issues on DV-110 pending the DV-109 hearing under FC 6321 (TRO authority on a preliminary showing of reasonable proof of past abuse under FC 6300, FC 6320, or FC 6324) and FC 6326 (continuing TRO until hearing). DV-109 cannot exist without an underlying DV-100; the form is purely a vehicle for the court's hearing notice tied to that DV-100, and the DV-109 caption / parties must match the DV-100 caption / parties exactly. Family Code section 242 fixes the DV-109 hearing date at 21 calendar days from issuance (25 calendar days if a continuance is granted under FC 242 second sentence; longer continuances on good cause under FC 243(d), with the DV-110 TRO continuing under FC 6326 during the continuance period), making this the second-fastest civil hearing in California after unlawful-detainer trials under CCP 1170.5(a)'s 20-day floor; the short window is intentional under the DVPA legislative scheme (the temporary order should not run indefinitely without an adversarial hearing as a matter of due process under Mathews v. Eldridge 424 U.S. 319 (1976) applied in In re Marriage of Nadkarni 173 Cal.App.4th 1483 (2009) (DVPA hearing-timing due-process); FC 6322.7 (peaceful-contact authority for the restrained party constrained by FC 6320 conduct categories). Personal service of the DV-100 + DV-109 + DV-110 packet on the respondent at least 5 days before the DV-109 hearing date is required under Family Code section 243(a); FC 243(c) permits shorter service on good cause shown (the petitioner files a sworn declaration explaining inability to serve earlier; some counties accept service as late as 2 days before the hearing on FC 243(c) showing, but the hearing typically continues to permit additional service efforts), and FC 245(b) (continuance authority where service is incomplete by the hearing date). Service must be by personal delivery by a non-party adult under FC 6383(a) (no mail or substituted service for the DV-100/DV-109 packet, although sheriff/marshal personal service is statutorily free under FC 6383(h)(1) and Gov. Code 6103.4); service is proven on DV-200 (Proof of Personal Service). The clerk's hearing-date selection on DV-109 also fixes the firearms-relinquishment deadline on DV-110 (the respondent has 24 hours from being served to surrender firearms under Family Code section 6389(c)(1) with surrender via FL-832, FL-832-INFO, or local law-enforcement intake), and the no-contact perimeter starts running on the DV-109 service date under FC 6322(a) (TRO operative from service forward; In re Marriage of Pearce 187 Cal.App.4th 1042 (2010)). A missed DV-109 hearing by the respondent (when properly served per FC 243(a)) allows the court to issue the full restraining order requested on DV-100 by default under Family Code section 245(a) (court may issue order requested in DV-100 without further evidence on respondent's failure to appear, subject to the court's independent FC 6300 / 6320 review of the petitioner's showing). Default issuance is reduced to writing on DV-130 (Restraining Order After Hearing), valid up to 5 years under FC 6345(a), renewable under FC 6345(d), CLETS-entered by the clerk under FC 6380, and served on the respondent under FC 6383 plus FC 6383(h)(1) free service. The DV-109 service date also triggers the federal firearm prohibition under 18 USC 922(g)(8) (Lautenberg Amendment expanded; United States v. Rahimi 602 U.S. 680 (2024) (federal firearm prohibition tied to qualifying DV restraining order with hearing and notice survives Bruen analysis)).

DV-120

Response to Request for Domestic Violence Restraining Order

Response to Request for Domestic Violence Restraining Order. DV-120 is the respondent's written response to the DV-100 request set for hearing on DV-109. The respondent receives DV-100 + DV-109 + (often) DV-110 Temporary Restraining Order by personal service at least 5 days before the DV-109 hearing date under Family Code section 243(a); FC 243(c) permits the court to shorten that window on good cause shown, and FC 243(d) authorizes one-time continuances when the respondent cannot appear by the original date. Filing DV-120 is optional per DV-120-INFO and Family Code section 245(b); attending the DV-109 hearing is the hard event because the court can issue the requested restraining order by default under FC 245(a) if the respondent fails to appear and was properly served per FC 243(a). DV-120 lets the respondent put their position on the record in advance so the petitioner and the judge can read it before the bench appearance, and DV-120 mirrors DV-100's item-by-item structure: each item the petitioner asked for on DV-100 (the conduct restraints, stay-away orders, residence-exclusion orders, and firearms-surrender provisions under the FC 6320 series, with the firearms prohibition specifically anchored at FC 6389) gets an agree / disagree response on the corresponding DV-120 item. The court's substantive standard at the DV-109 hearing is whether the petitioner shows past abuse by a preponderance of evidence under FC 6300 and FC 6203 (abuse definition under the Domestic Violence Prevention Act); the respondent's DV-120 contests that showing on either fact or scope. There is no statutory minimum days-before-hearing for DV-120 filing; DV-120-INFO recommends at least 2 court days before the DV-109 hearing under California Rules of Court 5.245 so the file is complete, and some counties require a courtesy copy to the petitioner's address listed on DV-100 (or to the petitioner's representative if DV-250 confidential-address protection applies under Gov. Code section 6206 Safe at Home). The DV-109 hearing is the dispositive event; FC 242 sets it at 21 days from issuance, with one continuance to 25 days under FC 242 and FC 243(d); longer continuances require explicit good cause and may keep DV-110 TRO terms in force in the interim under FC 6326. A respondent who wants to seek a mutual restraining order must do so by a separate DV-100 with their own showing under FC 6300 and FC 6203, not on DV-120; mutual orders cannot issue on the existing DV-100 absent independent findings of mutual abuse and self-defense analysis under FC 6305. If the court issues the final order at the DV-109 hearing it is reduced to writing on DV-130 (Restraining Order After Hearing), valid up to 5 years under FC 6345 (with renewal under FC 6345(d) for additional 5-year periods or permanently), entered into CLETS by the clerk under FC 6380, and served on the respondent under FC 6383 plus FC 6383(h)(1) (law-enforcement service of DV orders without charge).

FW-001

Request to Waive Court Fees

Anti-recommendation. Do not file FW-001 to obtain or file DV-109. DV-109 (Notice of Court Hearing) issues from the clerk inside the DV-100 case as part of the clerk's mandatory ex-parte intake duty under California Rules of Court rule 5.245(c) (Domestic Violence Prevention Act procedures; clerk sets DV-100 for hearing within the FC 242 21-day default window or 25-day continued window upon issuance), not as a stand-alone filing by the petitioner. The entire DV restraining-order packet is fee-free by operation of Family Code section 6222, which provides that 'no fee shall be paid for filing a petition under this section [DVPA], a response to such petition, proof of service, request for renewal of an order made under this article, or issuing certified copies of any order issued under this article.' Coverage is comprehensive: DV-100 (Request for Domestic Violence Restraining Order); DV-105 (Request for Child Custody and Visitation Orders) and DV-105-INFO; DV-108 (Request for Order to Prevent Child Abduction); DV-109 (Notice of Court Hearing) - this form, set by the clerk under CRC 5.245(c) for the FC 242 hearing; DV-110 (Temporary Restraining Order) where the court granted ex-parte temporary relief under FC 6321 and 6326 (TRO authority pending hearing); DV-115 (Order on Request to Continue Hearing); DV-120 (Response to Request for DV Restraining Order); DV-130 (Restraining Order After Hearing, valid up to 5 years under FC 6345(a) and renewable under FC 6345(d)); DV-140 (Child Custody and Visitation Order issued at the DV hearing); DV-150 (Order on Reissuance); DV-180 (Order on Request to Continue or Reschedule Restraining Order); DV-200 (Proof of Personal Service); DV-200-INFO; DV-250 (Confidential Address Protection); DV-300 (Request to Change or End Restraining Order); DV-700 (Request to Renew DV Restraining Order); CLETS-001 (Confidential CLETS Information); and certified copies of all of the above per FC 6222 closing clause. The DV-109 itself is issued by the clerk and CLETS-entered under Family Code section 6380 (mandatory CLETS-entry of DV orders within one business day of issuance); no Gov. Code 70626 motion fee, no Gov. Code 70617 certified-copy fee, and no Gov. Code 70671.5 CLETS entry fee under the FC 6222 read with Gov. Code 68630 (legislative scheme exempting DVPA filings). Sheriff or marshal service of the DV-109 plus DV-100 plus (granted) DV-110 packet on the restrained person is also free under FC 6383(h)(1) (sheriff named as the officer to serve DV orders without charge regardless of indigency) and Government Code section 6103.4 (no fee for service of process by a public officer in DV cases, family-abduction prevention, civil-harassment, workplace-violence, elder-abuse, or stalking restraining orders) and Gov. Code 26721(a) (sheriff fee schedule with explicit DV carve-out); the FC 6383(h)(1) free-service obligation applies to every county sheriff, marshal, and constable in California. California Rules of Court rule 5.245 makes the DV calendar an unfunded mandatory priority filing for the clerk; the DV-109 hearing must be set within the FC 242 21-day window even if the calendar is full, per CRC 5.245(c). An FW-001 attached to a DV-100 / DV-109 packet is rejected by the clerk under FC 6222 as redundant because the case is fee-free by statute, not by discretionary waiver under Gov. Code 68632 means-tested / 125 percent FPG income / hardship basis; the FW-002 (Order on Court Fee Waiver) and FW-003 review process is administratively unnecessary and many counties' DV intake clerks remove the FW-001 sua sponte to streamline the file. FW-001 is the right form only when a later, non-DV motion in the same family-law case carries a fee that the clerk declines to waive under FC 6222 because the relief lies outside the DVPA proper (for example, a stand-alone child-support modification by FL-300 in an opened dissolution under FC 3651 with the $60 motion fee per Gov. Code 70617, a name-change petition under NC-100 by the protected person with the $435 filing fee per Gov. Code 70611, an FL-100 (Petition for Dissolution) with the $435 filing fee per Gov. Code 70670/70611 cross to FC 2330, or a stand-alone restraining-order packet on a non-DVPA basis like CH-100 Civil Harassment (CCP 527.6) outside the FC 6222 carve-out for non-stalking civil harassment); the petitioner files FW-001 with that specific later filing under Gov. Code 68632(a) means-tested benefit, 68632(b) 125 percent FPG income, or 68632(c) financial hardship documented at FW-001 item 7, not retroactively for any DV form.

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Court Info Combined

blocker

Court county and address. Same court as DV-100.

Listing a different court than DV-100; the DV-109 must reference the same court where the underlying request was filed.
Filing in the wrong county. Family Code section 6240 venue is the county where the petitioner or respondent lives, where abuse occurred, or where the parties' children live. Filing elsewhere can be transferred.

Case Number

none

Case number on page 1. Clerk stamps it on at filing.

Filer guesses or types booking number.
Filer types a related civil case number from a different matter.

Case Number P2

warning

Case number page 2 caption.

Petitioner pre-filling page 2 case number when filing the original; the clerk stamps the case number on all pages at intake. Leave blank for original filings.

Case Number P3

warning

Case number page 3 caption.

Same as case_number_p2: leave blank at original filing; the clerk stamps every page.

Petitioner Name

blocker

Item 1: petitioner name. Same as DV-100 item 1a.

Using a married name on DV-109 when DV-100 uses the maiden name (or vice versa); the two forms must match because the clerk pairs them.
Listing the children's names as petitioner; the petitioner is the adult asking for protection. Children are protected persons listed inside the DV-100 (item 3 of DV-100), not on DV-109.

Restrained Name

blocker

Item 2: restrained person name. Same as DV-100 item 2a.

Using a different spelling than DV-100; service records must match. If the petitioner does not know the respondent's exact spelling, use the version on a recent ID, lease, or court record.
Listing only one of multiple respondents; if DV-100 names more than one restrained person, list all on DV-109 too.

Hearing Date

none

Item 3 hearing date. CLERK fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Hearing Time

none

Item 3 hearing time. CLERK fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Hearing Dept

none

Item 3 department. CLERK fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Hearing Room

none

Item 3 room. CLERK fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Hearing Court

none

Item 3 different court address. CLERK fills if hearing is at a different branch.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Item4a Granted

none

Item 4a(1): all TROs granted. JUDGE fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item4a Denied

none

Item 4a(2): all TROs denied. JUDGE fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item4a Partial

none

Item 4a(3): partly granted, partly denied. JUDGE fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item4b Main

none

Item 4b: reasons for denial. JUDGE fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item4b No Facts

none

Item 4b(1): no reasonable proof of past abuse. JUDGE fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item4b Not Enough Detail

none

Item 4b(2): not enough detail. JUDGE fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item4b Other

none

Item 4b(3): other reasons. JUDGE fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item4b Other Text

none

Item 4b(3): other reasons text. JUDGE fills.

Filer pre-fills; the JUDGE writes the explanation.
Filer paraphrases the form text into the field.

Item5 Minor Granted

none

Item 5: confidentiality of minor info granted (DV-160). COURT fills.

Filer pre-checks; the JUDGE rules on the TRO and fills disposition.
Filer treats this as a checklist; the JUDGE fills after hearing.

Item6 5 Days

info

Item 6 default 5-day personal-service deadline. Family Code section 243.

Filer leaves blank assuming the default is automatic; some courts still ask the petitioner to confirm the box.
Filer checks both 5-day default and 'court shortened'; only one applies.

Item6 Other Days

none

Item 6: court shortened the days.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Item6 Other Days Count

none

Item 6: shortened days count.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Item6b Dv110

none

Item 6b: DV-110 must be served. COURT checks if TRO granted.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Item6e Dv170 Dv165

none

Item 6e: DV-170 / DV-165 must be served if minor confidentiality granted. COURT fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Item6f Other

none

Item 6f: other forms to serve. COURT fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Item6f Other Text

none

Item 6f: other forms text. COURT fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Judge Sig Date

none

Judge signature date. JUDGE fills.

Filer pre-fills with today's date; the JUDGE dates and signs.
Filer types the hearing date as if it were the signing date.

Clerk Sig Date

none

Clerk's certificate date (page 3). CLERK fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Clerk Name

none

Clerk name and deputy (page 3). CLERK fills.

Filer pre-fills the box; the CLERK fills hearing details at intake.
Filer asks the court to fill in but court tells filer to leave blank.

Sources

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