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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. 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 242, unless the court shortens the time. 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 Info Combined
    blocker

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

    Case Number
    none

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

    Case Number P2
    warning

    Case number page 2 caption.

    Case Number P3
    warning

    Case number page 3 caption.

    Petitioner Name
    blocker

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

    Restrained Name
    blocker

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

    Hearing Date
    none

    Item 3 hearing date. CLERK fills.

    Hearing Time
    none

    Item 3 hearing time. CLERK fills.

    Hearing Dept
    none

    Item 3 department. CLERK fills.

    Hearing Room
    none

    Item 3 room. CLERK fills.

    Hearing Court
    none

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

    Item4a Granted
    none

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

    Item4a Denied
    none

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

    Item4a Partial
    none

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

    Item4b Main
    none

    Item 4b: reasons for denial. JUDGE fills.

    Item4b No Facts
    none

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

    Item4b Not Enough Detail
    none

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

    Item4b Other
    none

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

    Item4b Other Text
    none

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

    Item5 Minor Granted
    none

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

    Item6 5 Days
    info

    Item 6 default 5-day service deadline. Family Code section 242.

    Item6 Other Days
    none

    Item 6: court shortened the days.

    Item6 Other Days Count
    none

    Item 6: shortened days count.

    Item6b Dv110
    none

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

    Item6e Dv170 Dv165
    none

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

    Item6f Other
    none

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

    Item6f Other Text
    none

    Item 6f: other forms text. COURT fills.

    Judge Sig Date
    none

    Judge signature date. JUDGE fills.

    Clerk Sig Date
    none

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

    Clerk Name
    none

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

    Ezel is a self-help tool. Ezel is not a law firm and does not provide legal advice. You are the filer. Review the form carefully before submitting it to the court, and consult a licensed attorney if you have questions about your case. For free legal help, contact your local legal aid office or court self-help center.

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