California Form DV-120: Filing, Firearms, and the Hearing

California Form DV-120 is the written response you file when someone has asked a court for a domestic violence restraining order against you. Filing it lets the judge hear your side before deciding whether to grant a long-term order that can last up to five years. There is no fee, and you can file in person at your local superior court clerk’s office or through e-filing where your court offers it.¹ The blank form is a free download from the California Courts website or available on paper at any clerk’s office.²

What You Were Served With

Your packet should include Form DV-100 (the petitioner’s Request for Domestic Violence Restraining Order) and Form DV-109 (the Notice of Court Hearing). The DV-100 lists the specific orders the other person is asking the judge to make. Each request is numbered, and your DV-120 mirrors those numbers so you can respond point by point.³

Look at item 3 on the DV-109 for the date, time, and location of your hearing. Copy the case number from the top of the DV-100 — you will put it on every page of your response. If a Temporary Restraining Order (Form DV-110) came with the packet, follow every order in it immediately. Those orders are in effect before the hearing.

Filling Out the DV-120 Section by Section

Work from the current version. The January 1, 2026 revision renumbered items, so an older printout will not line up.⁴ At the top of page one, fill in the court name, county, street address, and case number. Items 1 and 2 ask for the petitioner’s name and yours. Copy them exactly as they appear on the DV-100 so the clerk files your response in the right case.

For each numbered order the petitioner requested, check the box showing whether you agree or disagree, and explain briefly if you disagree. The key sections:

Item 8 covers personal conduct (no-abuse) orders, which ask the court to prohibit contact, threats, or harassment.
Item 10 covers stay-away orders, which set a distance you must keep from the petitioner’s home, workplace, school, or vehicle. Note any real hardship, such as shared housing or a workplace in the same building.
Item 13 covers child custody and visitation. If the petitioner filed Form DV-105 and you are the parent of the listed children, check whether you agree or disagree. If you disagree, complete and attach Form DV-125, Response to Request for Child Custody and Visitation Orders.⁴
Items 15, 18, and 19 address control of shared property, restraints on transferring assets, and who pays which debts.
Items 21 and 22 address child support and spousal support.

The form gives you limited space to explain a disagreement. If you need more room, attach Form MC-025 (Attachment to Judicial Council Form) and label it with the item number you are continuing.⁵ Keep the explanation factual and tied to the petitioner’s specific allegations rather than general relationship history.

Financial Forms to Attach

If the petitioner asked for child support, spousal support, or attorney’s fees, you must file a financial disclosure before the hearing. In most cases that is Form FL-150, the Income and Expense Declaration. If the petitioner is asking only for child support and nothing else financial, you may qualify to use the simpler Form FL-155 instead. Form DV-570 explains which one applies to you.⁶

To complete either form, pull your pay stubs from the last two months, your most recent federal tax return, and records of monthly expenses like rent, utilities, insurance, and childcare. California uses a guideline formula that draws on these numbers to calculate support.⁷ Report accurately. Leaving income off or inflating expenses can push the judge toward a higher support figure than the guideline would otherwise produce.

Firearms: Checking “Disagree” Does Not Override the Law

Item 26 on the current DV-120 covers firearms, firearm parts, and ammunition. Disagreeing carries limited practical weight here, because California Family Code Section 6389 independently prohibits you from owning, possessing, purchasing, or receiving any firearm or ammunition while a protective order is in effect.⁸

You have 24 hours from being served to surrender all firearms and ammunition to local law enforcement, or sell or transfer them to a licensed dealer. Within 48 hours, file the receipt with both the court that issued the order and the law enforcement agency that served you. Failing to file the receipt on time counts as a violation of the protective order, and violating the firearm prohibition is punishable by up to one year in jail.⁸ Federal law adds a separate prohibition under 18 U.S.C. § 922(g)(8) that a final California DV restraining order will typically trigger.⁹

Filing the Response

There is no filing fee.⁴ To file in person, bring the original plus at least two copies so the clerk can stamp copies for your records. Many California superior courts also accept e-filing; check your court’s website for local instructions.¹

File as early as possible so the judge has time to read your response before the hearing. Filing the DV-120 in advance is not technically required for you to appear and speak, but showing up without any filed response is a weaker position than showing up with one. If you run out of time, still go to the hearing.

Serving the Petitioner

After you file, someone else has to mail your response to the petitioner. You cannot mail it yourself. Your server must be at least 18 and not a party to the case.¹⁰ The server sends a copy of your DV-120 and every attachment (DV-125, FL-150, MC-025, and so on) by regular first-class mail to the petitioner, or to the petitioner’s attorney if they have one. Do not use certified mail.

The server then fills out and signs Form DV-250, the Proof of Service by Mail, and you file that with the court.¹¹ Without the DV-250 on file, the judge may not consider your written response at all.

If You Need More Time

Under California Family Code Section 245, you have the right to one continuance as a matter of course. The court must grant it without requiring you to show a special reason.¹² Make the request in writing before the hearing or orally at the hearing. After that first continuance, either party can ask for another by showing good cause.

If a continuance is granted, any temporary restraining order already in place stays in effect until the new hearing date unless the judge orders otherwise. The court will note the new expiration date on the temporary order, and there is no fee for the extension.

At the Hearing

The judge gives both sides a chance to speak, usually starting with the petitioner. When your turn comes, walk through the facts that support your position. Reading from notes is fine. You can present evidence like text messages, photographs, or witness testimony.¹³

If custody is at issue and either party filed a DV-105, both parents will meet with a mediator (in some counties called a child custody recommending counselor). Because of the domestic violence allegations, each parent meets separately. If mediation does not produce an agreement, the judge decides custody.

Most cases are decided the same day. A granted restraining order can last up to five years, and every order in it becomes enforceable immediately.¹⁴ Violating a term is a criminal offense that can bring jail time and fines. If the judge denies the request, the restraining order case ends, though related issues like custody may continue separately.

If You Do Not Respond or Show Up

You are not legally required to file a DV-120 or attend the hearing, but skipping both is a serious mistake. If you do not appear, the judge hears only the petitioner’s side and can grant every order requested — custody changes, support, stay-away distances, a firearms prohibition — without any input from you. An order entered that way can last up to five years and lands in state and federal databases. Even without a written response on file, going to the hearing is far better than not showing up.³

1
California Courts. Respond to Domestic Violence Restraining Order
2
California Courts. Response to Request for Domestic Violence Restraining Order
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California Courts. Restraining Order (DV-109, DV-100, DV-110)
4
Judicial Council of California. Response to Request for Domestic Violence Restraining Order
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California Courts. Attachment to Judicial Council Form (MC-025)
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California Courts. Which Financial Form – FL-155 or FL-150? (Domestic Violence Prevention) (DV-570)
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California Courts. Income and Expense Declaration
8
California Legislative Information. California Family Code 6389
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Office of the Law Revision Counsel. 18 USC 922
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California Courts. Serve Your Response to Restraining Order
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California Courts. Proof of Service by Mail (CLETS) (Domestic Violence Prevention) (DV-250)
12
Thurman Arnold. Right to One Continuance Where DV or Ex Parte Orders Issue
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California Courts. Prepare for Your Restraining Order Court Date
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California Courts. The Restraining Order Process for Domestic Violence Cases