California form DV-109, the Notice of Court Hearing, is the document that tells both sides in a domestic violence restraining order case when and where to appear in court. You fill in almost nothing on it yourself. You write the names of the person asking for protection and the person the order would restrain, and the court clerk and judge handle the rest, including the hearing date, time, courtroom, and whether a temporary order is in place until that hearing.1California Courts. Fill Out Domestic Violence Restraining Order Forms
What You Fill In and What the Court Fills In
Your part of DV-109 is items 1 and 2: the name of the protected person and the name of the restrained person.1California Courts. Fill Out Domestic Violence Restraining Order Forms That’s it for you.
Everything else is court work. After you file, the clerk writes in the hearing date, time, department, and courtroom. The judge completes item 4, which records whether your request for temporary orders was granted, granted in part, or denied. If item 4 shows “all denied,” no temporary restraining order is protecting you before the hearing.2California Courts. Restraining Order (DV-109, DV-100, DV-110) If temporary orders were granted, the specific protections appear on a separate form, the DV-110 Temporary Restraining Order.
You can download DV-109 from the Judicial Council’s website or pick up a copy at the courthouse.3California Courts. Notice of Court Hearing (Domestic Violence Prevention) (DV-109)
Filing DV-109 With Your Packet
DV-109 is not filed on its own. It goes to the clerk together with your Request for Domestic Violence Restraining Order (DV-100) and any supporting documents. There is no filing fee for a domestic violence restraining order in California.
The clerk reviews the paperwork for completeness, assigns a case number, and stamps each form with the court seal. A judge usually reviews the request the same day to decide whether to issue temporary orders and to set the hearing. Once the clerk has filled in the hearing details and the judge has marked item 4, you get stamped (conformed) copies back. Those copies are what you use to serve the other party, and you’ll bring your set to the hearing.
When the Hearing Will Be
Under California Family Code section 242, the hearing has to take place within 21 days of the date a temporary restraining order is granted or denied. A judge can extend that to 25 days for good cause.4Justia. California Family Code 240-246 – Ex Parte Temporary Restraining Orders If you didn’t request temporary orders, the same 21-day (or 25-day) window runs from the date you filed. The date the clerk writes on DV-109 will land inside that window.
If the hearing doesn’t happen in that window, the court can still take the case up, but any temporary orders already in place stop being enforceable unless the judge reissues them.4Justia. California Family Code 240-246 – Ex Parte Temporary Restraining Orders That’s why getting the papers served on time matters so much.
Getting DV-109 Served on the Other Party
The restrained person has to be personally served with the court papers, DV-109 included, before the hearing. Personal service means someone physically hands the documents to them. Mailing them does not count. The server has to be at least 18 and cannot be you or anyone else the order would protect.
Service has to happen at least five days before the hearing date.
Who Can Serve the Papers
A friend or family member over 18 who isn’t involved in the case can serve them. So can a professional process server. You can also ask local law enforcement, and California Family Code section 6383 bars any fee for that service in a domestic violence case.5California Legislative Information. California Family Code 6383 Law enforcement service is common in DV cases because it keeps people the petitioner knows out of a potentially dangerous situation.
Proof of Service
Whoever serves the papers fills out form DV-200, the Proof of Personal Service. It records the date, time, and location of delivery and who was served.6California Courts. Proof of Personal Service (CLETS) (DV-200) The server signs it, and you file the completed DV-200 with the clerk before the hearing. Without proof of service in the file, the judge usually can’t move forward: the court needs confirmation that the other side was notified.
When law enforcement serves the papers, the officer completes a proof of service and sends it to the court directly.5California Legislative Information. California Family Code 6383 Call the clerk a few days before the hearing to confirm it actually arrived. Paperwork between agencies sometimes lags.
If Service Doesn’t Happen in Time
If the other party isn’t served before the hearing, you still go to court on the date written on DV-109 and ask the judge for a continuance. The standard rescheduling rules under California Rule of Court 5.95 don’t apply to domestic violence cases under the DVPA, so the request happens in person at the hearing rather than through the usual reschedule procedure.7Judicial Branch of California. Rule 5.95 – Request to Reschedule Hearing
If the judge grants the continuance, any temporary restraining order already in place stays in effect until the new hearing date. If service still can’t be completed before that date, you repeat the step: show up, explain what you’ve tried, and ask for another continuance. Courts tend to be patient with service problems in DV cases, but you need to be actively working on it and ready to say what you’ve done.
At the Hearing
Bring your conformed copies of DV-109 and the rest of the packet with you. Both sides can speak, present evidence, and call witnesses. The judge decides whether to issue a longer-term domestic violence restraining order, which can last up to five years, or to deny the request.8California Courts. The Restraining Order Process for Domestic Violence Cases Any temporary orders in place under DV-110 remain enforceable through the hearing and are then replaced by whatever the judge decides.
If you filed the request and don’t show up, the case will likely be dismissed and any temporary orders will dissolve. If the restrained person was properly served and doesn’t appear, the judge can issue the order without their input. That’s the practical reason filed proof of service matters: it shows the other side had notice and chose not to come.
Some California courts allow parties to appear by video or phone for DVRO hearings. Whether that’s an option depends on the local court. Check the courthouse website or call the clerk before your hearing date if you need to appear remotely, and the court will send joining instructions for whichever platform it uses.