[DRAFT] SUPERIOR COURT OF CALIFORNIA

COUNTY OF [________________________________]

Case No.: [________________________________]

Petitioner/Protected Party:
Name: [________________________________]
Address: [________________________________]
(If confidential, refer to attached Confidential CLETS Information Form, Form CLETS-001)

Attorney for Petitioner (if any):
Name: [________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Respondent/Restrained Party:
Name: [________________________________]
Address: [________________________________]
Date of Birth: [__/__/____]
Gender: [____] Height: [____] Weight: [____]
Hair Color: [____] Eye Color: [____]
Race: [____]

Related Case(s): [________________________________]

DOMESTIC VIOLENCE PROTECTION ORDER

(Cal. Fam. Code §§ 6200-6409)

TABLE OF CONTENTS

1. Judicial Council Form Cross-References
2. Definitions and Statutory Framework
3. Qualifying Relationship
4. Description of Abuse
5. Findings of Fact and Legal Conclusions
6. Personal Conduct Orders
7. Stay-Away Orders
8. Residence Exclusion (Move-Out/Kick-Out) Orders
9. Property Control Orders
10. Child Custody and Visitation Orders
11. Child Support Orders
12. Spousal or Partner Support
13. Animal/Pet Protection Orders
14. Firearms and Ammunition Relinquishment
15. Batterer Intervention Program
16. Electronic Monitoring/GPS
17. Attorney Fees and Costs
18. CLETS Registration and Law Enforcement Entry
19. Service Requirements
20. Duration, Renewal, and Termination
21. Enforcement and Penalties for Violation
22. Federal Protections (VAWA Full Faith and Credit)
23. General Provisions
24. Execution Block
25. Declaration Under Penalty of Perjury

[// GUIDANCE: Delete any inapplicable sections before filing. Ensure all blanks are completed and all required Judicial Council attachments (DV-100, DV-110, DV-120, DV-130, DV-200, DV-250, DV-800, CLETS-001) accompany this Order. Filing fees are generally waived for DVRO petitions under Cal. Fam. Code § 6222.]

1. JUDICIAL COUNCIL FORM CROSS-REFERENCES

[// GUIDANCE: The following Judicial Council of California mandatory forms must be used in conjunction with this template. Forms were revised effective January 1, 2025. Always use the most current version available at https://www.courts.ca.gov.]

2. DEFINITIONS AND STATUTORY FRAMEWORK

For purposes of this Order, the following terms have the meanings stated:

2.1 "Abuse" means any of the following, as defined under Cal. Fam. Code § 6203:
- (a) Intentionally or recklessly causing or attempting to cause bodily injury;
- (b) Sexual assault;
- (c) Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another; or
- (d) Engaging in any behavior that has been or could be enjoined pursuant to Cal. Fam. Code § 6320, including but not limited to molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, contacting, destroying personal property, or disturbing the peace of the other party.

Abuse is not limited to the actual infliction of physical injury or assault.

2.2 "Coercive Control" means a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty, including isolating the person from friends, relatives, or other sources of support; depriving them of basic necessities; controlling, regulating, or monitoring their movements, communications, daily behavior, finances, economic resources, or access to services; and compelling them to engage in conduct from which they have a right to abstain or to abstain from conduct in which they have a right to engage. (Cal. Fam. Code § 6320(c).)

2.3 "Disturbing the Peace" means conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. (Cal. Fam. Code § 6320(c).)

2.4 "Protected Party(ies)" means the individual(s) identified as Petitioner in this Order and any minor child, family member, or other household member expressly listed herein.

2.5 "Respondent" means [________________________________] and any alias or sobriquet by which Respondent is known.

2.6 "Residence" means any dwelling, temporary or permanent, in which a Protected Party resides or is located, including but not limited to vehicles and places of employment, childcare, or school.

2.7 "Contact" includes in-person, telephonic, electronic (including email, text message, social media, and internet-connected devices), written, and third-party-initiated communication of any kind.

2.8 "Firearm" has the meaning set forth in Cal. Fam. Code § 6215 and Cal. Penal Code § 16520.

2.9 "Ammunition" has the meaning set forth in Cal. Penal Code § 16150.

2.10 "CLETS" means the California Law Enforcement Telecommunications System, maintained by the California Department of Justice pursuant to Cal. Fam. Code § 6380.

[// GUIDANCE: Add additional defined terms if specialized relief (e.g., workplace restraining orders under Cal. Civ. Proc. Code § 527.6, immigration-related concerns, or tribal jurisdiction issues) is relevant.]

3. QUALIFYING RELATIONSHIP

[// GUIDANCE: Under Cal. Fam. Code § 6211, the petitioner must establish that a qualifying relationship exists with the respondent. Check all applicable boxes below. At least one must be checked.]

The Petitioner and Respondent have the following qualifying relationship under Cal. Fam. Code § 6211:

☐ Spouse or former spouse
☐ Registered domestic partner or former registered domestic partner
☐ Cohabitant or former cohabitant (as defined in Cal. Fam. Code § 6209)
☐ Person with whom respondent is having or has had a dating or engagement relationship
☐ Person with whom respondent has had a child
☐ Child of a party or child who is the subject of an action under the Uniform Parentage Act (Cal. Fam. Code § 7600 et seq.)
☐ Person related by consanguinity or affinity within the second degree (e.g., parent, child, sibling, grandparent, grandchild, in-law)

Description of relationship: [________________________________]

Duration of relationship: From [__/__/____] to [__/__/____] (or ☐ ongoing)

Cohabitation period (if applicable): From [__/__/____] to [__/__/____]

[// GUIDANCE: For dating relationships, courts require the relationship to consist of "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations." Document the nature, frequency, and duration of the relationship.]

4. DESCRIPTION OF ABUSE

[// GUIDANCE: This section must contain specific, factual allegations of abuse as defined in Cal. Fam. Code § 6203. Be as detailed as possible regarding dates, locations, witnesses, injuries, and patterns of behavior. Attach additional pages as needed. This section supports the declaration under penalty of perjury at Section 25.]

4.1 Most Recent Incident of Abuse

Date: [__/__/____]
Location: [________________________________]
Description of incident: [________________________________]

Injuries sustained (if any): [________________________________]
Medical treatment sought: ☐ Yes ☐ No
If yes, describe: [________________________________]
Law enforcement contacted: ☐ Yes ☐ No
Police report number (if any): [________________________________]
Witnesses present: [________________________________]

4.2 Prior Incidents of Abuse

[// GUIDANCE: List all prior incidents. Attach additional pages if necessary. Include dates, descriptions, and whether law enforcement was involved.]

4.3 Types of Abuse Alleged (check all that apply)

☐ Physical abuse (hitting, kicking, choking, pushing, restraining, etc.)
☐ Sexual assault or abuse
☐ Threats of physical harm to petitioner or others
☐ Stalking (Cal. Penal Code § 646.9)
☐ Harassment (repeated unwanted contact)
☐ Destruction of personal property
☐ Coercive control (Cal. Fam. Code § 6320(c))
☐ Disturbing the peace (Cal. Fam. Code § 6320(c))
☐ Abuse or threats of abuse against children
☐ Abuse or threats of abuse against animals/pets
☐ Financial abuse (controlling finances, withholding resources)
☐ Isolation from family, friends, or support systems
☐ Monitoring or surveillance of communications or movements
☐ False imprisonment or kidnapping
☐ Use of weapons or threats to use weapons
☐ Other: [________________________________]

4.4 Evidence in Support

☐ Photographs of injuries (attached as Exhibit [____])
☐ Medical records (attached as Exhibit [____])
☐ Police reports (attached as Exhibit [____])
☐ Text messages, emails, or electronic communications (attached as Exhibit [____])
☐ Witness declarations (attached as Exhibit [____])
☐ Audio or video recordings (attached as Exhibit [____])
☐ Prior court orders or convictions (attached as Exhibit [____])
☐ Other: [________________________________]

5. FINDINGS OF FACT AND LEGAL CONCLUSIONS

[// GUIDANCE: This section documents the court's findings. If seeking an ex parte TRO, include specific immediacy findings required by Cal. Fam. Code § 6300. The standard of proof is preponderance of the evidence.]

The Court, having considered the pleadings, declarations, testimony, and evidence presented, makes the following findings:

5.1 The Court has jurisdiction over this matter pursuant to Cal. Fam. Code § 6200 et seq. Venue is proper in the County of [________________________________].

5.2 Petitioner and Respondent have or had a qualifying relationship under Cal. Fam. Code § 6211, specifically: [________________________________].

5.3 The Court finds by a preponderance of the evidence that Respondent has committed acts constituting "abuse" as defined in Cal. Fam. Code § 6203 against the Protected Party(ies), including: [________________________________].

5.4 Good cause exists to issue the relief set forth herein to prevent the recurrence of domestic violence and to protect the safety of the Protected Party(ies) and any minor children.

5.5 The relief granted is the least restrictive means reasonably necessary to protect the Protected Party(ies) and is narrowly tailored to serve the purpose of preventing domestic violence.

5.6 ☐ (If ex parte TRO) The Court finds that there is an immediate and present danger of domestic violence to the Petitioner based on the Petitioner's affidavit or declaration showing reasonable proof of a past act or acts of abuse. (Cal. Fam. Code § 6300.)

5.7 ☐ (If ex parte TRO) The Court has conducted a search of the Department of Justice Automated Firearms System before issuing this order. (Effective January 1, 2025.)

5.8 ☐ (If after hearing) Respondent was given notice and an opportunity to be heard before issuance of this Order. The hearing was held on [__/__/____] in Department [____] before the Honorable [________________________________].

6. PERSONAL CONDUCT ORDERS

Pursuant to Cal. Fam. Code § 6320, Respondent is ordered as follows:

6.1 Respondent SHALL NOT engage in the following conduct toward any Protected Party, directly or indirectly, or through any third party:

☐ Molesting
☐ Attacking
☐ Striking
☐ Stalking
☐ Threatening
☐ Sexually assaulting
☐ Battering
☐ Harassing
☐ Telephoning (including repeated hang-up calls)
☐ Destroying personal property
☐ Contacting, directly or indirectly, by mail, email, text message, or otherwise
☐ Disturbing the peace (as defined in Cal. Fam. Code § 6320(c))
☐ Engaging in coercive control (as defined in Cal. Fam. Code § 6320(c))
☐ Credibly impersonating (Cal. Penal Code § 528.5)
☐ Falsely personating (Cal. Penal Code § 529)
☐ Monitoring or tracking the movements or communications of any Protected Party through any electronic means, including GPS devices, spyware, social media monitoring, or shared smart devices
☐ Other: [________________________________]

6.2 Respondent shall not take any action, directly or indirectly, to locate or obtain the address, telephone number, school, childcare facility, or place of employment of any Protected Party, except through the attorney of record or as otherwise ordered by this Court.

6.3 This no-contact order applies to all forms of communication and all platforms, including but not limited to telephone, postal mail, email, text messaging, social media (including but not limited to Facebook, Instagram, X/Twitter, TikTok, Snapchat), messaging applications, internet-connected devices, and smart home technologies.

[// GUIDANCE: Effective January 1, 2026, SB 50 requires companies to disable a perpetrator's access to shared smart devices within two business days of a survivor's request. Advise the petitioner of this right.]

6.4 Exceptions to No-Contact Order

☐ Brief and peaceful contact as required for court-ordered visitation of children, limited to the exchange of children only.
☐ Contact through attorneys of record only.
☐ Contact for purposes of attending court-ordered mediation or alternative dispute resolution, with a bailiff or mediator physically present.
☐ Other limited exception: [________________________________]

7. STAY-AWAY ORDERS

Pursuant to Cal. Fam. Code § 6320, Respondent SHALL stay at least [________________________________] yards away from (check all that apply):

☐ Petitioner/Protected Party
☐ Petitioner's home: [________________________________]
☐ Petitioner's workplace: [________________________________]
☐ Petitioner's school: [________________________________]
☐ Petitioner's vehicle (description): [________________________________]
☐ Children's school(s): [________________________________]
☐ Children's childcare facility: [________________________________]
☐ Other Protected Party: [________________________________]
☐ Other location: [________________________________]

[// GUIDANCE: The Judicial Council standard distance is 100 yards, but the court may order a greater or lesser distance depending on the circumstances. Document the basis for any non-standard distance. Note that stay-away orders also apply at accidental encounters — Respondent must depart immediately upon becoming aware of the Protected Party's presence.]

7.1 Accidental or Unplanned Contact

If Respondent is at a location when a Protected Party arrives, or arrives at a location where a Protected Party is already present, Respondent shall immediately depart from the location. This provision applies to public places, retail establishments, places of worship, and all other locations.

8. RESIDENCE EXCLUSION (MOVE-OUT/KICK-OUT) ORDERS

[// GUIDANCE: Residence exclusion orders are authorized under Cal. Fam. Code § 6321 on an ex parte basis. The court may exclude a party from a dwelling regardless of who holds title or lease.]

☐ Pursuant to Cal. Fam. Code § 6321, Respondent SHALL immediately and peacefully vacate the following residence:

Address: [________________________________]

8.1 Terms of Exclusion

(a) Respondent shall vacate the above residence within [________________________________] hours of service of this Order.

(b) Respondent shall not return to the above residence for any reason except as specifically provided below.

(c) ☐ Respondent is authorized to make ONE law-enforcement-supervised visit to retrieve essential personal belongings (clothing, medications, personal identification documents, tools of trade) on the following date: [__/__/____] between the hours of [____] and [____].

(d) ☐ A law enforcement officer SHALL accompany Respondent during any authorized retrieval visit. Respondent shall provide a list of items to be retrieved to the officer in advance.

(e) Petitioner is granted exclusive temporary possession of the above residence regardless of which party holds title or is named on the lease.

8.2 Locks and Security

Petitioner is authorized to change all locks, security codes, and garage door openers at the above residence. Respondent shall not duplicate or retain keys, access codes, or remote entry devices.

9. PROPERTY CONTROL ORDERS

Pursuant to Cal. Fam. Code § 6322, the Court orders:

9.1 Respondent SHALL NOT take, conceal, damage, destroy, transfer, encumber, or dispose of any property, documents, identification, or electronic data belonging to or in the possession of a Protected Party, including but not limited to:

☐ Personal identification documents (driver's license, passport, Social Security card, immigration documents, birth certificates)
☐ Financial documents (bank statements, tax returns, credit cards, checkbooks)
☐ Keys (home, vehicle, storage, mailbox)
☐ Electronic devices (phone, tablet, computer, external hard drives)
☐ Personal effects and clothing
☐ Vehicles
☐ Medications and medical devices
☐ Other: [________________________________]

9.2 Respondent SHALL NOT cancel, restrict, transfer, dispose of, or change the beneficiaries of any insurance policy, including health, auto, life, and renter's or homeowner's insurance, covering or naming a Protected Party.

9.3 Respondent SHALL NOT interfere with utility services at the Protected Party's residence, including but not limited to electricity, gas, water, internet, and telephone.

9.4 Petitioner is granted exclusive temporary use, possession, and control of the following personal property:
[________________________________]

10. CHILD CUSTODY AND VISITATION ORDERS

[// GUIDANCE: If there are minor children of the parties, custody and visitation provisions should be addressed. Omit this section entirely if no minor children are involved. Note the rebuttable presumption under Cal. Fam. Code § 3044.]

10.1 Presumption Against Custody to Perpetrator of Domestic Violence

Pursuant to Cal. Fam. Code § 3044, upon a finding by the court that a party seeking custody has perpetrated domestic violence within the previous five years against the other party, the child, or the child's siblings, there is a rebuttable presumption that an award of sole or joint physical or legal custody to the perpetrator is detrimental to the best interest of the child. This presumption may only be rebutted by a preponderance of the evidence.

[// GUIDANCE: Under Cal. Fam. Code § 3044, the preference for frequent and continuing contact with both parents may NOT be used to rebut the presumption. The perpetrator must demonstrate that custody to them serves the child's best interest. Factors for rebuttal include completion of a batterer intervention program (Pen. Code § 1203.097) and substance abuse counseling. Effective January 1, 2026, violations of firearm restrictions under Cal. Fam. Code § 6389 may also be considered in custody determinations.]

10.2 Minor Children Subject to This Order

10.3 Legal Custody

☐ Sole legal custody is awarded to Petitioner.
☐ Joint legal custody is awarded to both parties, with the following decision-making provisions: [________________________________]

10.4 Physical Custody

☐ Sole physical custody is awarded to Petitioner.
☐ Primary physical custody is awarded to Petitioner with visitation to Respondent as set forth below.

10.5 Visitation Schedule

☐ No visitation is ordered. (The Court finds that visitation would jeopardize the safety of the Protected Party or the children.)

☐ Supervised visitation only, as follows:

Visitation schedule: [________________________________]
Supervisor: ☐ Professional supervisor ☐ Approved non-professional supervisor
Name of supervisor or agency: [________________________________]
Location of visitation: [________________________________]

[// GUIDANCE: Any visitation supervisor must meet the standards of Cal. Fam. Code § 3200.5. Professional supervisors must meet requirements of Cal. Fam. Code § 3200.5(b). Non-professional supervisors must be approved by the court and meet the requirements of Cal. Fam. Code § 3200.5(c).]

☐ Unsupervised visitation, as follows:
Visitation schedule: [________________________________]

10.6 Conditions of Visitation

(a) All exchanges of children shall occur at: [________________________________]
(b) ☐ Exchanges shall be supervised by: [________________________________]
(c) Respondent shall not consume alcohol or controlled substances within 24 hours before or during visitation.
(d) ☐ Respondent shall submit to drug/alcohol testing within [____] hours before each visitation period.
(e) Respondent shall not make disparaging remarks about Petitioner in the presence of the children.
(f) ☐ Other conditions: [________________________________]

10.7 Travel and Passport Restrictions

(a) ☐ Respondent SHALL NOT remove the minor child(ren) from the State of California without prior written Court approval.
(b) ☐ Respondent SHALL NOT remove the minor child(ren) from the County of [________________________________] without prior written Court approval.
(c) ☐ Petitioner is authorized to hold all passports for the minor child(ren). (Attach Judicial Council Form DV-145.)
(d) ☐ Neither party shall apply for a new or replacement passport for the minor child(ren) without prior written Court approval.

11. CHILD SUPPORT ORDERS

[// GUIDANCE: The court may order child support as part of a DVRO. Use Judicial Council Form FL-150 (Income and Expense Declaration) and FL-342 (Child Support Information and Order Attachment). Omit this section if no minor children are involved.]

☐ Respondent SHALL pay child support to Petitioner in the amount of $[________________________________] per month, due on the [____] day of each month, commencing [__/__/____].

☐ Child support is calculated pursuant to Cal. Fam. Code § 4055 (statewide uniform guideline).

☐ Child support shall be paid by: ☐ Income withholding order ☐ Direct payment to Petitioner ☐ Payment through the California State Disbursement Unit

☐ Respondent shall maintain health insurance coverage for the minor child(ren) if available at reasonable cost through employment.

☐ The parties shall share uninsured health care costs for the minor child(ren) as follows: [________________________________]

12. SPOUSAL OR PARTNER SUPPORT

[// GUIDANCE: Pursuant to Cal. Fam. Code § 6342, the court may order spousal or domestic partner support. Use Judicial Council Form DV-150. This section applies only to spouses or registered domestic partners.]

☐ Respondent SHALL pay spousal/partner support to Petitioner in the amount of $[________________________________] per month, due on the [____] day of each month, commencing [__/__/____].

☐ This order is based on the following findings:
- Petitioner's reasonable need for support: [________________________________]
- Respondent's ability to pay: [________________________________]
- Duration of the marriage/domestic partnership: [________________________________]
- Standard of living during the marriage/domestic partnership: [________________________________]

☐ Respondent SHALL NOT cancel, reduce, or change the beneficiary on any existing health insurance, dental insurance, or vision insurance for Petitioner.

13. ANIMAL/PET PROTECTION ORDERS

[// GUIDANCE: California law expressly authorizes protection of animals/pets in DVROs. Abuse of a petitioner's pet constitutes domestic violence and supports a DVRO. The court may award sole possession and care of pets to the petitioner and order the respondent to stay away from the animals.]

☐ The following orders are made regarding animals/pets:

13.1 Petitioner is granted exclusive temporary care, possession, and control of the following animals:

13.2 Respondent SHALL NOT harm, threaten, take, transfer, sell, encumber, conceal, or dispose of any animal owned, possessed, leased, kept, or held by any Protected Party or minor child.

13.3 Respondent SHALL stay at least [________________________________] yards from the above-described animals.

13.4 Respondent SHALL NOT interfere with Petitioner's efforts to obtain veterinary care for the above-described animals.

14. FIREARMS AND AMMUNITION RELINQUISHMENT

[// GUIDANCE: Firearms relinquishment is MANDATORY in all DVROs under Cal. Fam. Code § 6389. The 24-hour surrender and 48-hour filing deadlines are strictly enforced. Failure to comply is itself a violation of the protective order. Effective January 1, 2025, courts must search the Department of Justice Automated Firearms System before issuing or denying DVROs. Effective January 1, 2026, violations of firearms restrictions may be considered in custody determinations under Cal. Fam. Code § 3044.]

14.1 Mandatory Prohibition

Pursuant to Cal. Fam. Code § 6389 and Cal. Penal Code § 29825, Respondent is PROHIBITED from owning, possessing, purchasing, receiving, or attempting to purchase or receive any firearm or ammunition for the entire duration of this Order. This prohibition applies to all firearms, whether registered or unregistered, including handguns, rifles, shotguns, and any other device designed to be used as a weapon from which a projectile may be discharged.

14.2 Mandatory Relinquishment — 24-Hour Deadline

Within 24 hours of being served with this Order, Respondent SHALL:

☐ Surrender all firearms and ammunition to local law enforcement; OR
☐ Sell or transfer all firearms and ammunition to a licensed firearms dealer (Cal. Penal Code § 26500 et seq.); OR
☐ Store all firearms and ammunition with a licensed firearms dealer.

14.3 Filing of Receipt — 48-Hour Deadline

Within 48 hours of being served with this Order, Respondent SHALL file with this Court:

(a) A completed receipt or proof (Judicial Council Form DV-800/DV-800a) confirming that all firearms and ammunition have been surrendered, sold, transferred, or stored; AND

(b) A copy of the receipt or proof shall also be filed with the law enforcement agency that served this Order.

14.4 Consequences of Non-Compliance

Failure to timely surrender firearms or ammunition, or failure to timely file the receipt with the Court and law enforcement, constitutes a separate violation of this protective order, punishable under Cal. Penal Code § 273.6.

14.5 Federal Firearms Prohibition

Respondent is further advised that federal law (18 U.S.C. § 922(g)(8)) independently prohibits possession of firearms or ammunition by any person subject to a qualifying domestic violence protective order. Violation of federal law may result in up to 10 years in federal prison.

14.6 Exemption for Peace Officers

[// GUIDANCE: Effective January 1, 2026, for sworn peace officers, the court must find by a preponderance of the evidence that the officer's safety depends on retaining their firearm outside of work hours AND that they do not pose a heightened threat to the protected party or the public. The exemption is narrowly construed.]

☐ Respondent is a sworn peace officer. The Court has considered whether an exemption from the firearms relinquishment requirement is warranted and finds:
☐ Exemption DENIED. Respondent must relinquish all firearms, including service weapons, within 24 hours.
☐ Exemption GRANTED as to service weapon ONLY, during on-duty hours, based on the following findings: [________________________________]

14.7 Number of Firearms and Ammunition

Respondent states under penalty of perjury that Respondent currently:
☐ Does not own or possess any firearms or ammunition.
☐ Owns or possesses the following firearms and ammunition:

15. BATTERER INTERVENTION PROGRAM

[// GUIDANCE: Under Cal. Fam. Code § 6343, the court may order the respondent to participate in a batterer intervention program. The program must meet the standards of Cal. Penal Code § 1203.097. Completion of a qualifying program is one factor that may be considered in rebutting the Cal. Fam. Code § 3044 custody presumption.]

☐ Respondent SHALL enroll in and complete a 52-week batterer intervention program (BIP) that meets the criteria of Cal. Penal Code § 1203.097, including:

(a) Enrollment within [____] days of the date of this Order or service, whichever is later.
(b) Proof of enrollment shall be filed with this Court within [____] days.
(c) The program shall include ongoing same-gender group sessions and an initial intake providing written definitions of various types of abuse.
(d) Respondent shall authorize the program to provide progress reports to the Court and Petitioner's counsel.
(e) Respondent shall bear all costs of the program. If Respondent demonstrates inability to pay, the Court may order a reduced fee or alternative program.

☐ Respondent SHALL enroll in and complete substance abuse counseling, specifically: [________________________________]

☐ Respondent SHALL enroll in and complete anger management classes (note: anger management is NOT a substitute for a batterer intervention program).

15.1 Proof of Completion

Respondent shall file proof of completion of all court-ordered programs with this Court no later than [__/__/____]. Failure to complete the program may result in additional sanctions, modification of custody orders, or contempt of court.

16. ELECTRONIC MONITORING/GPS

[// GUIDANCE: Electronic monitoring may be ordered in connection with certain felony convictions or as a condition of bail/probation. The court should conduct a risk assessment before ordering GPS monitoring. This provision is typically used in more severe cases or where there is a history of stalking or violation of prior orders.]

☐ Respondent SHALL submit to continuous electronic surveillance (GPS monitoring) as follows:

(a) GPS monitoring shall be administered by: [________________________________]
(b) Duration of GPS monitoring: [________________________________]
(c) Respondent shall bear all costs of GPS monitoring unless the Court finds inability to pay.
(d) The monitoring agency shall immediately notify local law enforcement and the Protected Party if Respondent enters a restricted area or violates a stay-away order.
(e) Any tampering with, removal of, or interference with the GPS monitoring device constitutes a violation of this Order.

☐ The Court has conducted a risk assessment evaluation and finds that GPS monitoring is warranted based on: [________________________________]

17. ATTORNEY FEES AND COSTS

[// GUIDANCE: Under Cal. Fam. Code § 6344, the court shall award attorney fees and costs to a prevailing petitioner upon request. For a prevailing respondent, fees are available only if the petition is shown to be frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The court must first determine the paying party's ability to pay under Cal. Fam. Code § 270. Best practice is to include the fee request with the initial application.]

☐ Petitioner requests an award of attorney fees and costs pursuant to Cal. Fam. Code § 6344.

☐ The Court orders Respondent to pay Petitioner's reasonable attorney fees and costs in the amount of $[________________________________], payable within [____] days of the date of this Order.

☐ The Court has determined, pursuant to Cal. Fam. Code § 270, that Respondent has or is reasonably likely to have the ability to pay the attorney fees and costs ordered.

☐ The Court denies the request for attorney fees and costs for the following reason(s): [________________________________]

18. CLETS REGISTRATION AND LAW ENFORCEMENT ENTRY

[// GUIDANCE: CLETS registration is mandatory for all DVROs under Cal. Fam. Code § 6380. The clerk must transmit the order to CLETS within one business day. Proper CLETS entry is critical for enforcement by any law enforcement agency statewide. Ensure the Confidential CLETS Information Form (CLETS-001) is completed and attached.]

18.1 Mandatory CLETS Entry

Upon issuance, the clerk of this Court SHALL transmit this Order to the California Law Enforcement Telecommunications System (CLETS) within one (1) business day pursuant to Cal. Fam. Code § 6380.

18.2 Information Required for CLETS Entry

The following information SHALL be entered into CLETS:

(a) Full legal name of Respondent: [________________________________]
(b) Date of birth of Respondent: [__/__/____]
(c) Physical description of Respondent (height, weight, hair color, eye color, race, gender): [________________________________]
(d) California driver's license or identification number (if known): [________________________________]
(e) Expiration date of this Order: [__/__/____]
(f) Terms and conditions of this Order
(g) Whether firearms relinquishment has been ordered: ☐ Yes ☐ No

18.3 Modifications and Renewals

If this Order is modified, extended, renewed, or terminated, the clerk SHALL immediately transmit updated information to CLETS. The transmitting agency for this County shall immediately notify the Department of Justice by electronic transmission of the terms of any modification, extension, or termination.

18.4 California Restraining and Protective Order System (CARPOS)

This Order shall be entered into the California Restraining and Protective Order System maintained by the Department of Justice, accessible to court clerks and law enforcement personnel statewide.

18.5 Proof of Service Entry

The local law enforcement agency SHALL submit proof of service of this Order directly into the Department of Justice California Restraining and Protective Order System within one (1) business day of receipt from the Court.

19. SERVICE REQUIREMENTS

[// GUIDANCE: Personal service is generally required for an initial DVRO. Service must be effected by a person at least 18 years old who is not a party. Law enforcement will serve DVROs at no charge. Proof of service must be filed using Judicial Council Form DV-200.]

19.1 Method of Service

☐ Personal service on Respondent shall be effected by a law enforcement officer.
☐ Personal service on Respondent shall be effected by a registered process server or other person at least 18 years of age who is not a party to this action.
☐ Respondent was personally present in court when this Order was issued, and no further service is required. (Cal. Fam. Code § 6383(b).)

19.2 Proof of Service

Petitioner (or Petitioner's counsel) shall file the completed Proof of Personal Service (Judicial Council Form DV-200) with the Clerk of this Court no later than [__/__/____].

[// GUIDANCE: Failure to file timely proof of service may delay enforcement. Law enforcement may serve the order at any time, including when responding to a domestic disturbance call.]

19.3 Service Information

Date of service: [__/__/____]
Time of service: [________________________________]
Location of service: [________________________________]
Name of server: [________________________________]
Method: ☐ Personal service ☐ Other (specify): [________________________________]

20. DURATION, RENEWAL, AND TERMINATION

20.1 Effective Date and Duration

☐ Temporary Restraining Order (TRO): This Order is effective immediately and shall remain in effect until the hearing date of [__/__/____] at [________________________________] a.m./p.m., in Department [____], or until further order of this Court. (Cal. Fam. Code § 6320.)

☐ Restraining Order After Hearing (ROAH): This Order is effective as of [__/__/____] and shall remain in effect until [__/__/____] (maximum five years from the date of issuance, per Cal. Fam. Code § 6345(a)).

☐ Permanent Restraining Order: This Order is effective as of [__/__/____] and shall remain in effect permanently, until further order of this Court. (Cal. Fam. Code § 6345(a).)

20.2 Renewal

(a) Pursuant to Cal. Fam. Code § 6345, the Protected Party may request renewal of this Order during the three-month period preceding the expiration date, using Judicial Council Form DV-700.

(b) Renewal does NOT require a new showing of abuse. The Protected Party must demonstrate a reasonable apprehension of future abuse. (Ritchie v. Konrad (2004) 115 Cal.App.4th 1275.)

(c) The Court may renew the Order for an additional period of five years or may make the Order permanent.

[// GUIDANCE: Counsel should calendar the renewal deadline well in advance. Even if the original order has expired, the court may still grant a renewal if the request was filed before the expiration date.]

20.3 Early Termination or Modification

(a) Either party may seek modification or termination of this Order by noticed motion demonstrating good cause. (Cal. Fam. Code § 6340.)

(b) The Court retains discretion to modify any provision consistent with Cal. Fam. Code §§ 6320, 6340, and 6345.

(c) The Protected Party's consent alone is NOT sufficient to terminate the Order. The Court must independently determine that termination is appropriate.

20.4 Automatic Supersession

This Order is automatically superseded by any later-issued criminal protective order (Cal. Penal Code § 136.2) that is broader in scope, but remains concurrently enforceable to the extent it does not conflict with the criminal protective order.

21. ENFORCEMENT AND PENALTIES FOR VIOLATION

[// GUIDANCE: Provide Respondent with Judicial Council Form DV-140 ("Information for the Restrained Person") regarding consequences of violation. Ensure Respondent understands that violation is a criminal offense.]

21.1 Criminal Liability — Cal. Penal Code § 273.6

WARNING TO RESPONDENT: Willful violation of any provision of this Order is a criminal offense under Cal. Penal Code § 273.6 and may be prosecuted as follows:

(a) First offense (misdemeanor): Up to one (1) year in county jail and/or a fine of up to $1,000; mandatory minimum of 30 days in jail if the victim suffered physical injury; mandatory completion of a batterer intervention program; and payment of restitution to the victim.

(b) Second or subsequent offense within seven (7) years involving violence or threat of violence (wobbler): May be charged as a misdemeanor or felony. If charged as a felony, punishable by 16 months, 2 years, or 3 years in state prison and/or a fine of up to $10,000.

(c) Additional penalties: Mandatory domestic violence counseling, payment to a battered women's shelter, victim restitution, and probation.

21.2 Civil Contempt

The Court may impose civil contempt sanctions for non-criminal violations, including coercive incarceration and monetary fines, pursuant to Cal. Code Civ. Proc. § 1209 et seq.

21.3 Mandatory Arrest

Any peace officer who has probable cause to believe Respondent has violated any provision of this Order SHALL arrest Respondent pursuant to Cal. Fam. Code § 6384 and Cal. Penal Code § 836(c)(1). Respondent may be arrested without a warrant.

21.4 Enforcement by Any Law Enforcement Agency

This Order is enforceable by any law enforcement agency in the State of California, regardless of the county in which the Order was issued, upon verification through CLETS or presentation of a copy of the Order.

21.5 Additional Remedies

The Protected Party retains the right to pursue any and all other civil or criminal remedies available at law, including but not limited to:
- Tort claims for assault, battery, or intentional infliction of emotional distress
- Actions under Cal. Civ. Code § 1708.6 (domestic violence tort)
- Requests for additional protective orders
- Reports to law enforcement for criminal prosecution

22. FEDERAL PROTECTIONS (VAWA FULL FAITH AND CREDIT)

[// GUIDANCE: Under the Violence Against Women Act (VAWA), 18 U.S.C. § 2265, this Order is entitled to full faith and credit in every state, territory, and tribal jurisdiction in the United States. No registration is required as a prerequisite to enforcement in another jurisdiction. Ensure the Order meets the requirements for interstate enforcement: names of parties, specific terms, and evidence that respondent received notice and an opportunity to be heard (or that the order is ex parte and will be followed by a hearing).]

22.1 This Order is entitled to full faith and credit in all states, territories, and tribal jurisdictions pursuant to 18 U.S.C. § 2265 (Violence Against Women Act).

22.2 No other state, tribe, or territory may refuse to enforce this Order because it was not registered in that jurisdiction.

22.3 Interstate enforcement requirements are met because:
(a) This Court has personal jurisdiction over the parties;
(b) This Court has subject matter jurisdiction over this action;
(c) Respondent received reasonable notice and an opportunity to be heard (or this is a valid ex parte order that will be followed by a hearing with notice).

22.4 Federal firearms prohibition: Under 18 U.S.C. § 922(g)(8), any person subject to a qualifying domestic violence protective order is federally prohibited from possessing firearms or ammunition. Violation carries up to 10 years in federal prison.

23. GENERAL PROVISIONS

23.1 Severability

If any provision of this Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23.2 Integration

This writing constitutes the complete and exclusive statement of the Court's Orders on the matters addressed and supersedes any prior oral or written orders to the extent they conflict.

23.3 Mutual Restraining Orders Prohibited

Pursuant to Cal. Fam. Code § 6341, the Court shall not issue a mutual restraining order unless both parties personally appeared and each party presented written evidence of abuse or domestic violence. A mutual order shall not be issued solely on the basis that both parties have filed petitions.

23.4 No Mediation Requirement

Pursuant to Cal. Fam. Code § 6303, in cases involving domestic violence, the court shall not require the parties to participate in mediation or other forms of alternative dispute resolution as a condition of granting a protective order.

23.5 Copies

A certified copy of this Order shall have the same force and effect as the original. The clerk shall provide the Petitioner with at least [____] certified copies of this Order at no charge.

23.6 Electronic Signatures and Filing

Pursuant to Cal. Code Civ. Proc. § 1010.6 and Superior Court local rules, electronic signatures and electronically-filed copies of this Order are deemed originals.

23.7 Interpreter Services

Either party may request interpreter services in compliance with Cal. Gov't Code § 68560 et seq. The Court shall not deny a protective order or continuance based on the unavailability of an interpreter.

23.8 Fee Waiver

Filing fees for domestic violence protective orders are waived pursuant to Cal. Fam. Code § 6222. No fee shall be charged for filing, service, or issuance of the Order.

23.9 Immigration Status

A party's immigration status is not relevant to the issuance of a domestic violence protective order and shall not be considered by the Court. Petitioners who are immigrants may be eligible for relief under VAWA (immigration provisions) and U-visa certification.

23.10 Continuing Jurisdiction

This Court retains continuing jurisdiction to enforce, modify, extend, or terminate this Order as justice requires, pursuant to Cal. Fam. Code §§ 6340, 6345.

24. EXECUTION BLOCK

IT IS SO ORDERED.

Date: [__/__/____]

[________________________________]
JUDGE OF THE SUPERIOR COURT
Name (printed): [________________________________]
Department: [________________________________]

ACKNOWLEDGMENT OF RESPONDENT

(Required only if Respondent was personally present in Court)

I, [________________________________], have received a copy of this Order in open court on [__/__/____]. I have read and understand its terms, including the firearms relinquishment requirements and the penalties for violation. I understand that violation of this Order is a criminal offense punishable under Cal. Penal Code § 273.6.

☐ I was advised of my right to counsel and:
☐ I am represented by counsel: [________________________________], State Bar No. [________________________________]
☐ I waive my right to counsel at this time.

Signature: [________________________________]
Date: [__/__/____]

PROOF OF SERVICE

(Attach Judicial Council Form DV-200 or DV-250)

25. DECLARATION UNDER PENALTY OF PERJURY

[// GUIDANCE: The petitioner's request and supporting declarations must be made under penalty of perjury. This declaration supports the allegations in Section 4 and the statements throughout this filing.]

I, [________________________________], declare under penalty of perjury under the laws of the State of California that the foregoing statements and all facts alleged in this petition and supporting documents are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], California.

Signature: [________________________________]
Printed Name: [________________________________]

SOURCES AND REFERENCES

California Family Code (Domestic Violence Prevention Act)

• Cal. Fam. Code § 6200 (Short Title)
• Cal. Fam. Code § 6203 (Definition of Abuse)
• Cal. Fam. Code § 6209 (Definition of Cohabitant)
• Cal. Fam. Code § 6211 (Qualifying Relationships)
• Cal. Fam. Code § 6215 (Definition of Firearm)
• Cal. Fam. Code § 6222 (Fee Waiver)
• Cal. Fam. Code § 6300 (Issuance of Ex Parte Orders)
• Cal. Fam. Code § 6320 (Ex Parte Orders — Personal Conduct)
• Cal. Fam. Code § 6321 (Ex Parte Orders — Residence Exclusion)
• Cal. Fam. Code § 6322 (Ex Parte Orders — Property Control)
• Cal. Fam. Code § 6323 (Ex Parte Orders — Custody and Visitation)
• Cal. Fam. Code § 6340 (Orders After Hearing)
• Cal. Fam. Code § 6341 (Mutual Restraining Orders)
• Cal. Fam. Code § 6342 (Support Orders)
• Cal. Fam. Code § 6343 (Batterer Intervention Program)
• Cal. Fam. Code § 6344 (Attorney Fees and Costs)
• Cal. Fam. Code § 6345 (Renewal of Orders)
• Cal. Fam. Code § 6380 (CLETS Registration)
• Cal. Fam. Code § 6383 (Service of Orders)
• Cal. Fam. Code § 6384 (Arrest for Violation)
• Cal. Fam. Code § 6389 (Firearms Relinquishment)
• Cal. Fam. Code § 3044 (Custody Presumption)
• Cal. Fam. Code § 3200.5 (Visitation Supervision Standards)

California Penal Code

• Cal. Penal Code § 136.2 (Criminal Protective Orders)
• Cal. Penal Code § 273.6 (Violation of Protective Order)
• Cal. Penal Code § 646.9 (Stalking)
• Cal. Penal Code § 1203.097 (Batterer Intervention Program Standards)
• Cal. Penal Code § 29825 (Firearm Prohibition — Restrained Persons)

Federal Law

• 18 U.S.C. § 922(g)(8) (Federal Firearms Prohibition)
• 18 U.S.C. § 2265 (VAWA Full Faith and Credit)
• 18 U.S.C. § 2266 (VAWA Definitions)

Judicial Council of California Forms

• DV-100: Request for Domestic Violence Restraining Order
• DV-109: Notice of Court Hearing
• DV-110: Temporary Restraining Order
• DV-120: Response to Request for DVRO
• DV-130: Restraining Order After Hearing
• DV-200: Proof of Personal Service
• DV-700: Request to Renew Restraining Order
• DV-800: Proof of Firearms Turned In, Sold, or Stored
• California Courts Self-Help: Domestic Violence Restraining Orders

Key Case Law

• Ritchie v. Konrad (2004) 115 Cal.App.4th 1275 (renewal standard — reasonable apprehension of future abuse)
• Rodriguez v. Menjivar (2015) 243 Cal.App.4th 816 (definition of "disturbing the peace")
• In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483 (access to electronic communications as abuse)

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.