Notice of Court Hearing (Domestic Violence Prevention)
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File DV-109 with Ezel
Fill DV-109 with Ezel
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What Ezel does with DV-109
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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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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 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 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 page 3 caption.
- Same as “Case number”: leave blank at original filing; the clerk stamps every page.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Item 4b(3): other reasons text. JUDGE fills.
- Filer pre-fills; the JUDGE writes the explanation.
- Filer paraphrases the form text into the field.
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.
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.
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.
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.
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.
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.
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.
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 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'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 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
- Form DV-109, Notice of Court Hearing (Rev. January 1, 2025)
- Cal. Family Code section 242 (hearing must be held within 21 or 25 days of TRO grant or denial)
- Cal. Family Code section 243 (5-day personal-service deadline; court may shorten on good cause)
- Cal. Family Code section 6222 (no filing fee for DV petitions)
- Cal. Family Code section 6383 (free sheriff or marshal service for DV petitions)
- California Courts Self-Help: Domestic Violence Restraining Order
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