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Response to Request for Domestic Violence Restraining Order

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California · Before the hearing listed on DV-109

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    What is DV-120?

    California Judicial Council mandatory-use form for the respondent in a Domestic Violence Restraining Order case. Use DV-120 if you have been served with a DV-100 (Request for Domestic Violence Restraining Order) and you want to tell the court in writing what you agree with, what you do not agree with, and any different orders you would accept. Filing DV-120 does not replace appearing at the hearing. There is no fee to file DV-120. The form does not let you ask for your own restraining order; for that, file your own DV-100. DV-120 travels with FL-150 (Income and Expense Declaration) if the petitioner asked for child support, spousal support, or lawyer's fees, and with DV-250 (Proof of Service by Mail) once a third party has served the petitioner with your filed papers.

    What happens if you miss the deadline: If you do not file DV-120 and you do not appear at the hearing, the judge can grant the restraining order requested in DV-100 for up to five years. The order can include firearm relinquishment, stay-away orders covering your home and workplace, and child custody changes.

    How to file

    Filing fee
    $0. DV-120-INFO Part 3 states: 'There is no court fee to file this form.'
    Filing method
    in-person, mail, efile (county-specific)
    Filing deadline
    DV-120 is optional. DV-120-INFO Part 3 states: 'Responding in writing is optional and there is no penalty if you don't.' If you do file, file before the hearing date listed on DV-109 so the judge has your position before the hearing. If a temporary restraining order (DV-110) is in place against you, items 5 and 11 of DV-110 set their own deadlines (turn in firearms within 24 hours, file DV-800/JV-270 receipt within 48 hours); those are independent of the DV-120 filing.
    How to serve
    Service by mail. DV-120-INFO Part 3 states: 'Serve means to have someone 18 years old or older mail a copy to the person asking for the restraining order. You cannot be the one to mail your papers. The person who mails your form must fill out form DV-250, Proof of Service by Mail. After form DV-250 is completed, file it with the court.' Mail goes to the petitioner's address listed on DV-100 (or to the petitioner's lawyer if one is listed).
    Wet signature
    Yes, sign in pen after printing.
    Notarization
    No
    Original and copies
    Original to the court, one copy for the petitioner (mailed by a third party), one copy for your own records.

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    DV-100
    Request for Domestic Violence Restraining Order
    Underlying Request for Domestic Violence Restraining Order that DV-120 responds to. DV-100 is the petitioner's operative pleading under the Domestic Violence Prevention Act, Family Code sections 6200-6460; FC 6203 defines the qualifying abuse (intentionally or recklessly causing or attempting bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, or engaging in conduct restrainable under FC 6320), and FC 6211 defines the qualifying relationship (current or former spouse or registered domestic partner, current or former cohabitant under FC 6209, person with whom the respondent has had a dating or engagement relationship, person with whom the respondent has had a child, or parent/child/sibling/grandparent/grandchild by consanguinity or affinity within the second degree). A DV-120 respondent who does not fall within an FC 6211 relationship category should flag that on the response and at the DV-109 hearing because the court lacks DVPA subject-matter jurisdiction; the petitioner's remedy in that case is CH-100 (Civil Harassment Restraining Order under Code of Civil Procedure 527.6) or WV-100 (Workplace Violence). DV-120 mirrors DV-100 item by item: personal-conduct restraints (item 6) and stay-away (item 7) anchor on FC 6320; residence-exclusion or kick-out (item 8) on FC 6321 and 6340(c); protection of animals (item 9) on FC 6320(b); firearms and ammunition surrender (items 10, 23-25) on FC 6389 and 6306 (with the parallel federal firearm prohibition under 18 USC 922(g)(8) triggered automatically by any qualifying final DV-130 that meets the federal hearing/notice/finding test); property control and vehicle (items 12, 17-19) on FC 6324; custody and visitation (item 14) on FC 6323 with the FC 3044(a) rebuttable presumption against custody for a perpetrator of recent abuse; child and spousal support (items 15-16, 20) on FC 6341 cross-referencing FC 4055 and 4320; batterer's-intervention program (item 22) on FC 6343 and Penal Code 1203.097 (52-week BIP standard); attorney's fees and costs (item 22 fees subset) on FC 6344; out-of-pocket expense reimbursement on FC 6342. Each item the petitioner requested on DV-100 gets an agree, disagree, or counter-proposal slot on DV-120; answering items without the served DV-100 (and any MC-031 declaration attachment) in hand is the most common reason a response reads as evasive to the judge. DV-100 reaches the respondent personally served by a non-party adult or by sheriff/marshal/law-enforcement (with sheriff service free of charge under FC 6383(h)(1)) together with DV-109 (Notice of Court Hearing) and, if the court granted ex-parte temporary relief under FC 6321 and 6326, with DV-110 (Temporary Restraining Order); FC 243(a) requires that personal-service packet to reach the respondent at least 5 days before the DV-109 hearing, with FC 243(c) authorizing a shorter window on good cause and FC 245(a) authorizing default issuance of the requested orders if the respondent is properly served and fails to appear. Service must be proven on DV-200 (Proof of Personal Service); an unserved DV-100 leaves any DV-110 TRO unenforceable as to the respondent and bars the court from issuing the final order against the respondent at the DV-109 hearing absent a continuance and re-service under FC 243(d). The court's substantive standard at the hearing is preponderance-of-evidence of past abuse under FC 6300 (Gdowski v. Gdowski 175 Cal.App.4th 128, Nakamura v. Parker 156 Cal.App.4th 327); the respondent's DV-120 contests that showing on either fact or scope. A respondent who wants the court to restrain the petitioner must file a separate DV-100 with their own showing under FC 6300 and FC 6203; mutual orders cannot issue on the original DV-100 without independent findings as to each party plus a self-defense analysis under FC 6305(a)(1)-(2) (Conness v. Satram 102 Cal.App.4th 1108, Monterroso v. Moran 135 Cal.App.4th 732). If the court grants the 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(a) and renewable for additional 5-year periods or permanently under FC 6345(d) without a showing of further abuse (Ritchie v. Konrad 115 Cal.App.4th 1275), entered into CLETS by the clerk under FC 6380(a), and served on the respondent at the courthouse under FC 6384 or by mail under DV-250 confidential-address procedure if the petitioner invoked Government Code 6206 Safe at Home protection. There is no filing fee for either DV-100 or DV-120 under FC 6222, no fee for sheriff service of DV orders under FC 6383(h)(1) and Gov. Code 26721, and no fee to obtain a copy of the served DV-100 packet from the clerk for the respondent's records under FC 6228.
    DV-109
    Notice of Court Hearing (Domestic Violence Prevention)
    Notice of Court Hearing. DV-109 is the court-issued notice setting the date, time, department, and courtroom for the DV-100 evidentiary hearing on a permanent (up to 5-year) Domestic Violence Restraining Order under the Domestic Violence Prevention Act, FC 6200-6460. The respondent receives the DV-100 + DV-109 + (often) DV-110 Temporary Restraining Order + DV-105 child custody attachment + DV-108 firearm attachment + CLETS-001 packet from the petitioner by personal service (not by mail; FC 243(a) requires personal service for the DVRO notice). Hearing-date and service clocks. Family Code section 242 governs the hearing date itself: the court 'shall set the matter for hearing within 21 days, or, if good cause appears to the court, 25 days from the date of the order' (the 21/25-day window measured from the date the TRO issued, or from the date DV-100 was filed if no TRO issued). FC 243(a) requires personal service of the DV-100 packet at least 5 days before the DV-109 hearing date; FC 243(c) permits the court to shorten that 5-day window on good cause shown (often used when the petitioner re-serves a second-attempt service within the existing 21/25-day window, and the court continues the hearing under FC 245 rather than dismiss). FC 245(a) permits the respondent to request one continuance of the hearing as a matter of right; FC 245(b) allows the court to grant further continuances on good cause and to extend the DV-110 TRO during the continuance. DV-120 filing logistics. DV-120 is the respondent's written response, filed in advance of the DV-109 hearing date so the petitioner and the judge can read it before the bench appearance. Cal. Rules of Court rule 5.245 governs the filing logistics: no separate filing fee under Government Code section 6103.4 (DVRO filings are free for both sides), filed at the clerk's window or via e-filing where available under CCP 1010.6, and a conformed copy mailed to the petitioner's address listed on DV-100 (or to the petitioner's Safe at Home Gov. Code 6206 confidential address through the Secretary of State if the petitioner is enrolled). There is no statutory minimum days-before-hearing for DV-120 filing, but DV-120-INFO recommends filing as early as possible and at least 2 court days before the hearing so the court file is complete when the petitioner and the judge review; some counties (Los Angeles, Alameda, Santa Clara) require a courtesy copy delivered to the petitioner before the hearing. Personal service of the filed DV-120 on the petitioner is NOT required because DV-120 is the responding party's first appearance under CRC 5.245(c); the court mails a conformed copy to the petitioner via the clerk's notice procedure or to petitioner's counsel of record. Failure to file DV-120 does not waive any objection. The respondent can still appear at the DV-109 hearing and present arguments orally; CRC 5.245(d) and CRC 5.250 contemplate live testimony at the hearing regardless of whether DV-120 was filed. The respondent may subpoena witnesses under CCP 1985, present documentary evidence (text messages, photos, videos, medical records), and cross-examine the petitioner; Evidence Code section 1103 permits character evidence of the petitioner if the respondent claims self-defense to alleged DV. The hearing is by preponderance of the evidence (In re Marriage of Nadkarni, 173 Cal.App.4th 1483, on burden of proof for DVRO). Missing the DV-109 hearing entirely. If the respondent does not appear and was personally served at least 5 days before the hearing under FC 243(a), FC 245(a) and CRC 5.245(d) permit the court to issue the restraining order requested by default without further hearing (the petitioner still must put on a prima-facie showing of past abuse under FC 6203 / 6211 and reasonable apprehension under FC 6300; a true default DVRO is not automatic). The default DVRO is entered for up to 5 years under FC 6345(a) (renewable under FC 6345(d) for additional 5-year or permanent terms on a showing of continuing apprehension under Ritchie v. Konrad, 115 Cal.App.4th 1275). A defaulted respondent can later move to vacate the DVRO under CCP 473(b) within 6 months of entry or CCP 473.5 for lack of actual notice within 2 years; service-defect challenges run under CCP 418.10 (motion to quash service of summons). A defaulted respondent who was never properly served can also collaterally attack the DVRO in any subsequent proceeding (criminal contempt under FC 6380, FC 6383(h)(1) violation arrest, or family-law dissolution); a void-for-no-service DVRO is unenforceable (Burns v. Dela Cruz, 209 Cal.App.4th 1397). DV-109 hearing outcome. (1) DVRO granted: the court signs DV-130 (Restraining Order After Hearing), the order is entered into the California Law Enforcement Telecommunications System CLETS within one business day under FC 6380, and the restrained respondent must surrender firearms within 24 hours under FC 6389 and 18 USC 922(g)(8) (Lautenberg Amendment) reflected on DV-800 receipt for relinquishment. (2) DVRO denied: the case ends; the DV-110 TRO dissolves; the court enters a dismissal. (3) Modified or partial DVRO: items granted in part (stay-away may issue but no firearm prohibition where the court finds no qualifying abuse; or mutual restraining orders under FC 6305 only when both parties demonstrated qualifying abuse). (4) Continued: under FC 245(b) for further hearing, with DV-110 TRO extended. Strategic respondent considerations. Filing DV-120 with documentary attachments lets the judge see the respondent's side before the hearing, reduces hearing time, and shapes the court's reading of the petitioner's DV-100 narrative. A respondent who concedes some items but contests firearms or custody can mark agree / disagree per item; mutual stay-away may be negotiated. A respondent in pending dissolution should also be aware that any DVRO entered will trigger the FC 3044 rebuttable presumption against custody (Jaffe v. Pacelli, 165 Cal.App.4th 927; Marriage of Fajota, 230 Cal.App.4th 1487 requiring written findings on each FC 3044(b) factor to overcome the presumption).
    FL-150
    Income and Expense Declaration
    Income and Expense Declaration. Required for the DV-120 respondent whenever the underlying DV-100 asked for child support (item 24), spousal / partner support (item 25), or lawyer's fees (item 26) so the judge has the respondent's income side to apply Family Code section 4055 (statewide uniform child-support guideline / DissoMaster / X-Spouse calculation) or FC 4320 (spousal-support factors: age, health, marketable skills, earning capacity, marriage duration, marital standard of living, etc.) at the DV-109 hearing. FL-150 must be 'current' (filed or updated within 90 days under California Rules of Court rule 5.260(a)(3), or accompanied by a no-material-change declaration) on the hearing date; a stale FL-150 must be refiled with DV-120. Without a responding FL-150 the court usually proceeds on the PETITIONER'S numbers, which the respondent will not want (the petitioner's FL-150 may impute income to the respondent under FC 3667 based on earning capacity, recent W-2 history, or self-employment estimates, and the court has discretion to accept the imputed figure when the respondent fails to disclose). The respondent serves FL-150 along with DV-120 on the petitioner via DV-250 DV-specific Proof of Service (or POS-030 first-class mail or FL-335 inter-party post-appearance service) before the hearing under FC 245(b) and CCP 1005(b) 16-court-day notice rules (or 9 court days for responsive declarations). The DV case itself is FEE-FREE under FC 6222 (DV cases waive filing fees, sheriff service fees, and certified-copy fees automatically under Gov Code 6103.4), so NO FW-001 is needed for FL-150 served as part of the DV-120 packet; the GC 6103.4 / FC 6222 exemption is automatic and broader than the discretionary FW-001 path under Gov Code 68632. FL-150 also drives the FC 2030 / 2031 / 2032 need-based attorney's fee analysis if DV-100 item 26 attorney's fees are at issue.
    POS-030
    Proof of Service by First-Class Mail (Civil)
    Proof of Service by First-Class Mail. DV-120-INFO directs the respondent to use DV-250 (Proof of Service of Response by Mail) specifically for proof of mail service of the DV-120 on the protected person or the protected person's lawyer; DV-250 is the DV-specific equivalent of POS-030 and is the form most family-court filing rooms expect because its headers cite Family Code section 245(b) (mandatory pre-hearing service of the response) and FC 6228 (DV confidentiality rules). POS-030 is the underlying Code Civ. Proc. section 1013(a) civil analogue and is generally accepted when the DV-specific form is not at hand, but the responding party should default to DV-250 to avoid a filing-room kickback or a continuance at the DV-109 hearing for defective service. Whichever form is used, the server must be 18 or older and not a party (CCP 1013(a) and 1013a); the responding party cannot mail-serve their own DV-120, and service must be completed before the DV-109 hearing date under FC 245(b) so the judge can confirm timely service at the calendar call. The respondent serves DV-120 plus any MC-025 attachments, any FL-150 (Income and Expense Declaration) if support is at issue under FC 6341, any FL-105 UCCJEA Declaration if minor children and custody orders are at issue, and any DV-160 (Reasonable Visitation Plan) or DV-180 (Child Custody and Visitation Order Attachment) the respondent is asking the court to enter. Service is by mail to the petitioner's address of record (or to petitioner's counsel under CCP 1015 if represented); if the petitioner has a confidential address under FC 6224 / Safe at Home program (Gov Code 6206), the respondent serves the petitioner's designated agent (court-appointed counsel, advocate, or DOJ Safe at Home address). DV cases are fee-free under FC 6222 and the sheriff serves at no charge under FC 6383(h)(1), but those carve-outs cover service of the petitioner's DV-100 / DV-109 / DV-110, not the respondent's DV-120; the respondent typically arranges their own server (a friend over 18, paid process server, or sheriff-civil for a fee). Defective service is the most common reason a judge declines to consider a DV-120 at the DV-109 hearing and treats the case as essentially uncontested.
    MC-025
    Attachment to Judicial Council Form
    Attachment MC-025 (Judicial Council continuation page) extends DV-120 whenever the respondent's narrative on a contested item runs longer than the inline space the form allows, which on a real-world DV response is most long-form items. DV-120-INFO directs the respondent to MC-025 specifically as the overflow vehicle. The items that almost always overflow on a contested response, organized by the legal stakes that turn on the narrative: item 4 (where you live and how long, plus move-out facts if the petitioner asked for residence exclusion under Family Code section 6321 / 6340(c)); item 6 (proposed no-contact carve-outs and necessary-contact exceptions, e.g. workplace, shared-custody exchanges, or court-ordered visitation under FC 6323 / 6346); items 7-12 (per-item agree / disagree explanations across personal-conduct orders under FC 6320, stay-away orders under FC 6320(a) / 6322, residence-exclusion under FC 6321, multi-unit-dwelling exclusion under FC 6321(b), animals under FC 6320(b), and minor-children custody / visitation under FC 6323 / 6340(c) - note FC 3044 creates a rebuttable presumption against awarding custody to a parent found to have perpetrated DV within the last 5 years, so a Yes finding on custody items is a hard adverse fact the respondent should rebut on MC-025 with the seven 3044(b) factors); items 14-16 (record-removal and CLETS-cleanup facts, FC 6380 confidentiality and FC 6228 records-access framework); items 18-22 (firearms-relinquishment response under FC 6389 and Penal Code section 29825, dwelling-exclusion response, additional protected persons under FC 6320(a) extending coverage to immediate family, body armor under PC 31360, parenting plan if children); item 24 (child-support response and the FL-150 income-and-expense declaration that drives Family Code section 4055 guideline calculation); item 25 (spousal-support response under FC 6341 and the FC 4320 long-term factors if it goes to a permanent post-judgment award); item 28 (other orders response including FC 6324 use of personal property, FC 6342 batterer's-program / counseling, FC 6320(c) animal care, FC 6320.5 / FC 6347 reimbursement); and item 29 (attorney's fees and costs response under FC 6344 - prevailing-petitioner fees are discretionary and can shift to the respondent on a granted permanent order, so the respondent rebuts the FL-158 / FL-319 fees declaration and the FC 270 ability-to-pay analysis on MC-025). Header each MC-025 'Attachment [item number] to DV-120' with the case caption and party names following Cal. Rules of Court rule 2.111(2) caption uniformity; each MC-025 attachment incorporates by reference under CRC rule 3.1110(f) and is signed under penalty of perjury under Code of Civil Procedure section 2015.5 on the attachment itself (the DV-120 signature block on page 8 covers the form proper, but the additional factual representations on each MC-025 require their own separate signature for completeness; respondent can use the same date for both signatures, but the second signature is what makes the attachment admissible declaration evidence at the DV-109 hearing). The MC-025 attachments file with DV-120 at the courthouse (no separate filing fee; DV-120 is free under Government Code section 70616.5 and Family Code section 6222 in the domestic-violence context) and are served on the petitioner with the response packet (DV-250 by mail-and-attendant proof of service when the respondent serves personally, or POS-030 when by mail through a non-party). The judge weighs the MC-025 narratives at the noticed DV-109 hearing where the temporary restraining order issued ex parte under FC 6300 (good cause shown) either issues as a permanent restraining order after hearing under FC 6340 (preponderance of evidence; CCP 2015.5 declaration evidence is admissible at the hearing under FC 6320.5 / CRC rule 5.111) or is dissolved. FC 6306 also requires the court to consider DOJ records before issuing a permanent order, so the respondent's MC-025 narrative on prior records is part of the rebuttal evidence the court weighs. Thin or missing narrative on contested items typically loses the issue: the petitioner's DV-100 facts on each item become uncontested by default if the respondent's DV-120 box is checked 'disagree' without supporting MC-025 facts, and FC 6340 grants the court broad discretion to issue orders on each item the petitioner requested. The DV-100 attachments the petitioner filed are likely on MC-025 themselves; the respondent's MC-025 attachments should engage with the petitioner's specific allegations item-by-item rather than restating a general denial. Multi-incident or chronologically dense responses (e.g. the petitioner alleges 6 incidents over 18 months; the respondent agrees about 2, disputes 3, and contextualizes the seventh as something the petitioner did) almost always need MC-025 to lay out the timeline; isolated single-incident responses may fit inline if the response is short. For respondents asking the court to issue orders against the petitioner (cross-petition), the respondent files DV-100 / DV-110 separately rather than embedding the affirmative request in DV-120; MC-025 attachments do not extend DV-120 to cover cross-petitions.
    FW-001
    Request to Waive Court Fees
    Request to Waive Court Fees. Anti-recommendation: do not file FW-001 with DV-120. The respondent's filing fee for DV-120 is $0 by statute under Family Code section 6222, which makes all court services in a domestic-violence-restraining-order case free for either party regardless of income; the carve-out is statutory rather than need-based, so the clerk does not adjudicate eligibility the way they would on a non-DV FW-001. FC 6222 plus Government Code section 6103.4 sweep in the ancillary services typically billed in other civil cases: certified copies of the issued order, sheriff or marshal personal service of the response or any supporting papers, court reporter fees in counties where reporters are charged, and any subsequent filings tied to the underlying DV-100 / DV-109 hearing. Because the FC 6222 fee is statutorily $0, FW-001 is redundant; clerks will not adjudicate an FW-001 that has no fee to waive, and a misfiled FW-001 with DV-120 just adds a paper to the file and may confuse the clerk who expects a fee-bearing filing alongside the waiver request. Consider FW-001 only when a later motion in the same case is genuinely outside the FC 6222 carve-out (rare; most filings tied to the DV order are within it). A respondent who lacks resources should focus on filing DV-120 within the recommended pre-hearing window under DV-120-INFO (at least 2 court days before the DV-109 hearing under Cal. Rules of Court rule 5.245) and attending the DV-109 hearing itself, rather than spending preparation time on an unnecessary fee waiver. If unsure whether a specific fee is covered, ask the family-law clerk before filing FW-001; they can confirm in seconds whether the document is FC 6222-covered.

    Field-by-field guidance

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    Court Info Combined
    blocker

    Court name and address. Must match the court on the DV-100 you were served with; venue is fixed by the petition.

    • Filers sometimes pick the courthouse closest to their own address rather than the court that issued DV-100. The case is open in the original court; you cannot change venue with DV-120.
    Case Number
    blocker

    Case number stamped on the DV-100 you were served with. The case is already open.

    • Some filers leave this blank thinking the clerk fills it; the case already exists, so the respondent must copy the number from DV-100.
    Petitioner Name
    blocker

    Item 1: name of the person asking for the restraining order, copied from item 1 of DV-100.

    • Spelling drift. The clerk uses this name to match the response to the case file; a misspelling routes it incorrectly.
    Respondent Name
    blocker

    Item 2: your full legal name. Match the spelling on item 2 of DV-100 unless that spelling is wrong, in which case use the correct spelling and note the correction in item 4.

    • Using a nickname or shortened name when DV-100 listed the legal name.
    Respondent Street
    blocker

    Mailing address where the court and the petitioner can send you papers. Privacy options: P.O. box, Safe at Home address, your lawyer's address, or another person's address with permission.

    • Listing a home address you cannot safely reach; missing court mail delays or defaults the case.
    Respondent City
    blocker

    City for the mailing address.

    • Filer abbreviates city ('LA').
    • Filer types neighborhood instead of city.
    Respondent State
    blocker

    State for the mailing address. Two-letter postal code.

    • Filer types full state name in a small field.
    • Filer leaves blank for in-state CA.
    Respondent Zip
    blocker

    ZIP code for the mailing address.

    • Filer enters ZIP+4 with no separator.
    • Filer omits the ZIP.
    Respondent Email
    none

    Optional email. The court may use it to contact you.

    • Filer lists a stale email no longer monitored.
    • Filer types personal email but does not check it.
    Respondent Phone
    none

    Optional phone. Use a number you can answer safely; or leave blank.

    • Filer leaves blank for safety; that is OK and explicit on the form.
    • Filer lists a number unsafe to receive calls on.
    Respondent Fax
    none

    Optional fax. Most respondents leave blank.

    • Filer types phone in fax field.
    • Filer types 'N/A'.
    Respondent Lawyer Name
    none

    Optional. Your lawyer's name, if you have one.

    • Pro se respondent leaves blank (correct).
    • Pro se respondent types 'In Pro Per' here; that goes in the 'Attorney for' line.
    Respondent Lawyer Bar
    none

    Optional. Lawyer's California State Bar number, if you have one.

    • Pro se respondent fills with driver's license number.
    • Out-of-state attorney fills home-state bar number.
    Respondent Lawyer Firm
    none

    Optional. Lawyer's firm name, if you have one.

    • Pro se respondent fills with employer.
    • Filer types 'Self'.
    Info Corrections
    none

    Item 4: corrections to the name, age, gender, or DOB the petitioner listed for you in item 2 of DV-100. Leave blank if it is all correct.

    • Filers sometimes use this box to argue the merits; it is for identity corrections only.
    Relationship Correct
    blocker

    Item 5: whether the petitioner correctly described the relationship in item 3 of DV-100. The relationship category determines whether the court has jurisdiction under the Domestic Violence Prevention Act (Family Code section 6211).

    • Picking 'no' when the relationship is correct just because the respondent does not like the label. The category is statutory, not adversarial.
    Relationship Correction
    warning

    If item 5 is 'no', describe the actual relationship.

    • Filer leaves blank when correcting the relationship description.
    • Filer types vague phrase like 'wrong'.
    History Corrections
    none

    Item 6: corrections or additions to the prior court cases or restraining orders the petitioner listed in item 4 of DV-100.

    • Filer leaves blank when prior cases were missed on DV-100.
    • Filer types only county without case number.
    History Attaching Order
    none

    Item 6: checkbox indicating you are attaching a copy of an existing order for the judge.

    • Filer checks without actually attaching.
    • Filer leaves blank when copy is attached.
    Item7 Response
    blocker

    Item 7: agree or disagree with the petitioner's request to also protect family or household members (DV-100 item 8).

    • Leaving blank because item 8 of DV-100 was blank; if no extra people were listed, the safe answer is 'agree' (no order requested = nothing to oppose).
    • Filer leaves blank.
    • Filer disagrees but does not list which protected persons should be removed.
    Item7 Explain
    warning

    If you disagreed with item 7, explain why or describe a different order.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item8 Response
    blocker

    Item 8: agree or disagree with the no-abuse order requested in DV-100 item 10.

    • Disagreeing on principle. The no-abuse order only prohibits already-illegal conduct; refusing to commit to non-abuse is rarely a winning posture and often hurts the respondent at the hearing.
    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees with the no-abuse order; this is rare and signals attorney consultation needed.
    Item8 Explain
    warning

    Optional explanation when you disagree with item 8.

    • Filer leaves blank when disagreeing.
    • Filer types narrative without proposing alternative.
    Item9 Response
    blocker

    Item 9: agree or disagree with the no-contact order in DV-100 item 11.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item9 Explain
    warning

    If you disagree with the no-contact order, propose a peaceful-contact carve-out (for example, to coordinate parenting).

    • Filer leaves blank when proposing peaceful-contact carve-out.
    • Filer types vague request without specifics.
    Item10 Response
    blocker

    Item 10: agree or disagree with the stay-away order in DV-100 item 12.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item10 Explain
    warning

    If you disagree with stay-away, explain unavoidable contact (shared workplace, shared school events).

    • Filer leaves blank when describing unavoidable contact.
    • Filer types narrative without proposing carve-out distance or location.
    Item11 Response
    blocker

    Item 11: agree or disagree with the move-out order in DV-100 item 13. Family Code section 6321 controls.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item11 Explain
    warning

    If you disagree with move-out, describe your housing situation: lease or deed status, alternative housing, who pays rent or mortgage.

    • Filer leaves blank when challenging move-out.
    • Filer types narrative without proposing housing alternative.
    Item12 Response
    blocker

    Item 12: agree or disagree with any 'other orders' in DV-100 item 14.

    • Filers default to agree without reading item 14, which is a catch-all that can include broad orders.
    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item12 Explain
    warning

    If you disagree with item 12, describe what you would accept.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item13 Parent Status
    blocker

    Item 13: whether you are the parent of any children listed in DV-105.

    • Filer leaves blank.
    • Filer answers parent when child is not theirs (filer should refuse to comment on custody).
    Item13 Position
    blocker

    Item 13b: if you are a parent, agree or disagree with custody / visitation in DV-105. If you disagree, you must also file DV-125 (Response to Request for Child Custody and Visitation Orders).

    • Disagreeing without attaching DV-125. The judge cannot craft alternative custody orders without the structured input DV-125 collects.
    • Filer leaves blank when a parent.
    • Filer disagrees but does not propose a custody/visitation alternative.
    Item14 Response
    blocker

    Item 14: agree or disagree with animal-protection orders in DV-100 item 16. Family Code section 6320(b) governs.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item14 Explain
    warning

    If you disagree about an animal, explain (registration in your name, service animal, sole care).

    • Filer leaves blank when an animal is shared.
    • Filer types narrative without registration or service-animal proof.
    Item15 Response
    blocker

    Item 15: agree or disagree with control-of-property orders in DV-100 item 17.

    • Confusing 'control of property' with 'ownership'. The DV order does not change title; it gives temporary use to one party.
    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item15 Explain
    warning

    Optional explanation when disagreeing with item 15.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item16 Response
    blocker

    Item 16: agree or disagree with the insurance freeze order in DV-100 item 18.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item16 Explain
    warning

    Optional explanation when disagreeing with item 16.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item17 Response
    blocker

    Item 17: agree or disagree with the order allowing the petitioner to record communications (DV-100 item 19). No text explanation field is provided on the form.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item18 Response
    blocker

    Item 18: agree or disagree with the property-restraint order in DV-100 item 20. Routine necessaries (rent, food, business expenses) remain allowed.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item18 Explain
    warning

    Optional explanation when disagreeing with item 18.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item19 Response
    blocker

    Item 19: agree or disagree with the order to pay debts owed for property (DV-100 item 22). May include a coercive-control finding.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item19 Explain
    warning

    Optional explanation when disagreeing with item 19.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item20 Response
    blocker

    Item 20: agree or disagree with the order to pay expenses caused by abuse (DV-100 item 23). Family Code section 6342 lets the court order restitution for medical bills, moving costs, lost earnings.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item20 Explain
    warning

    Optional explanation when disagreeing with item 20.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item21 Response
    blocker

    Item 21: position on the child support request (DV-100 item 24). Three options: agree, disagree, agree to pay guideline. Guideline support is the formula amount under Family Code section 4055.

    • Picking 'agree' without filing FL-150 (Income and Expense Declaration). The judge needs FL-150 to run the guideline calculation.
    • Filer leaves blank.
    • Filer disagrees but does not provide income evidence (FL-150).
    Item22 Response
    blocker

    Item 22: agree or disagree with the spousal support request (DV-100 item 25). For spouses or registered domestic partners.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item22 Explain
    warning

    Optional explanation when disagreeing with item 22.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item23 Request Fees
    none

    Item 23: optional checkbox asking the petitioner to pay your lawyer's fees and costs. Available only if (1) the request for restraining order is denied, (2) the judge finds it was frivolous or made to abuse, intimidate, or cause delay, AND (3) the petitioner can afford to pay.

    • Checking this box without meeting all three conditions; the judge will deny it.
    • Filer checks but does not file MC-013-INFO or fee declaration.
    • Filer leaves blank when seeking attorney fees.
    Item24 Response
    blocker

    Item 24: agree or disagree with the batterer intervention program order (DV-100 item 27). Penal Code section 1203.097 requires a 52-week program if the order is granted.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item24 Explain
    warning

    Optional explanation when disagreeing with item 24.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item25 Response
    blocker

    Item 25: agree or disagree with the wireless phone account transfer (DV-100 item 28). Family Code section 6347 authorizes the transfer.

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item25 Explain
    warning

    Optional explanation when disagreeing with item 25.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item26 Status
    blocker

    Item 26: firearm status. Three options: no prohibited items owned; turned in / sold / stored prohibited items; ask for a work exception under Family Code section 6389(h). DV-120-INFO Part 1 lists prohibited items as firearms (handguns, rifles, shotguns, assault weapons), firearm parts (receivers, frames), and ammunition (bullets, shells, cartridges, clips). 'Ghost guns' (untraceable / homemade) are included.

    • Checking 'I do not own' when the respondent has hunting rifles or family heirlooms in storage; possession includes constructive possession of firearms in your name or under your control. Confer with a lawyer if you are uncertain.
    • Filer leaves blank; firearm status is mandatory in DV cases (Family Code 6389).
    • Filer picks 'no firearms owned' but knows firearms exist; perjury risk.
    Item26 Receipt Status
    warning

    Item 26b sub-option: where the DV-800/JV-270 receipt for turned-in items lives. 'Attached' if you are filing it now; 'already filed' if you filed it earlier.

    • Checking 'attached' but not actually attaching the receipt; the clerk catches this at filing.
    • Filer picks 'turned in' without attaching DV-800/JV-270 receipt.
    • Filer leaves blank after picking 'turned in'.
    Item26 Peace Officer
    warning

    Item 26c(1): whether you are a sworn peace officer. Required to evaluate the work exception.

    • Filer answers yes without proof of sworn peace officer status.
    • Filer leaves blank after picking 'exception'.
    Item26 Other Orders
    warning

    Item 26c(2): whether any other orders or laws prohibit you from having firearms or ammunition. Examples: prior DV restraining order, certain misdemeanor convictions (Penal Code 29805), federal prohibitions under 18 U.S.C. 922(g). The judge cannot grant a work exception if any apply.

    • Filer leaves blank after picking 'exception'.
    • Filer answers no when other orders or convictions independently prohibit firearms (PC 29800).
    Item26 Other Orders Yes Explain
    warning

    Item 26c(2) explanation if 'yes'.

    • Filer leaves blank after answering 'yes'.
    • Filer types narrative without identifying the specific order.
    Item26 Other Orders Dontknow Explain
    warning

    Item 26c(2) explanation if 'I don't know'.

    • Filer leaves blank after answering 'I don't know'.
    • Filer types vague phrase rather than describing why they're uncertain.
    Item26 Job Explain
    blocker

    Item 26c(3): explain your job and why you need a firearm or ammunition. Family Code section 6389(h) requires you to show (1) carrying a firearm is required for your work AND (2) your employer cannot reassign you to a position where it is not necessary.

    • Vague descriptions like 'security guard' without showing the employer cannot reassign. The judge needs concrete employer details.
    • Filer leaves blank after picking 'exception'; the court must evaluate the necessity.
    • Filer types vague phrase about hobby use; only employment-based exceptions are typically allowed.
    Item27 Status
    blocker

    Item 27: body armor status. Three options: do not own any; relinquished what you had; granted (or asking for) a Penal Code section 31360(c) exception from a chief of police or sheriff. DV-120-INFO Part 2 controls.

    • Filer leaves blank.
    • Filer picks 'do not own' when body armor is in possession; perjury risk.
    Item28 Response
    blocker

    Item 28: agree or disagree with the order barring you from looking up the protected person's location (DV-100 item 31).

    • Filer leaves blank without picking agree/disagree.
    • Filer disagrees but leaves the explain field blank, weakening the response.
    Item28 Explain
    warning

    Optional explanation when disagreeing with item 28.

    • Filer leaves blank after picking disagree.
    • Filer types vague phrase rather than concrete alternative.
    Item29 Explain
    info

    Item 29: free-text overall reasons you do not agree. Optional but the most useful narrative space on the form.

    • Using this box to attack the petitioner's character rather than describing what happened. The judge weighs concrete facts; emotional attacks tend to backfire.
    Item29 Overflow
    none

    Overflow checkbox: indicates you are attaching a continuation sheet titled 'DV-120, Additional Reasons I Do Not Agree with the Request'.

    • Filer fails to attach DV-120-MIL or other continuation.
    • Filer leaves blank when narrative does not fit.
    Item30 Request Expenses
    none

    Item 30: optional out-of-pocket expense claim if the judge denies the restraining order. Family Code section 6342 lets the court order the petitioner to pay your expenses if the TRO was granted without sufficient supporting facts.

    • Filers list speculative damages (lost reputation, emotional distress); only documented out-of-pocket expenses are recoverable.
    Item30 Row1 For
    warning

    Expense 1 description.

    • Filer leaves blank when expense reimbursement is claimed.
    • Filer types only category name without specifics.
    Item30 Row1 Because
    warning

    Expense 1 reason.

    • Filer leaves blank when expense is claimed.
    • Filer types narrative tied to dispute rather than direct cause.
    Item30 Row1 Amount
    warning

    Expense 1 dollar amount.

    • Filer enters cents.
    • Filer types narrative in dollar field.
    Item30 Row2 For
    none

    Expense 2 description.

    • Filer leaves blank when expense reimbursement is claimed.
    • Filer types only category name without specifics.
    Item30 Row2 Because
    none

    Expense 2 reason.

    • Filer leaves blank when expense is claimed.
    • Filer types narrative tied to dispute rather than direct cause.
    Item30 Row2 Amount
    none

    Expense 2 dollar amount.

    • Filer enters cents.
    • Filer types narrative in dollar field.
    Item30 Row3 For
    none

    Expense 3 description.

    • Filer leaves blank when expense reimbursement is claimed.
    • Filer types only category name without specifics.
    Item30 Row3 Because
    none

    Expense 3 reason.

    • Filer leaves blank when expense is claimed.
    • Filer types narrative tied to dispute rather than direct cause.
    Item30 Row3 Amount
    none

    Expense 3 dollar amount.

    • Filer enters cents.
    • Filer types narrative in dollar field.
    Item31 Attached Pages
    none

    Item 31: number of pages attached. Count any MC-025 overflow, order copies, or DV-800/JV-270 receipts.

    • Filer leaves blank when attaching MC-025 or DV-120-MIL.
    • Filer counts only form pages, not attachments.
    Sign Date
    blocker

    Item 32: signature date. The form is sworn under penalty of perjury under California law.

    • Filer dates the form before completing it.
    • Filer leaves blank intending to sign at the courthouse counter.
    Sign Typed Name
    blocker

    Item 32: typed or printed name of the respondent. Wet-ink signature goes on the printed copy filed with the court.

    • Filer signs above the line but never types their name.
    • Filer types lawyer's name when filer is pro se.
    Lawyer Sign Date
    none

    Item 33: lawyer signature date, if you have a lawyer.

    • Pro se respondent leaves blank (correct).
    • Pro se respondent fills with own date here; this is for the lawyer.
    Lawyer Typed Name
    none

    Item 33: lawyer name, if you have a lawyer.

    • Pro se respondent types own name; lawyer typed name only.
    • Filer leaves blank when lawyer is signing.

    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.

    Sources

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