How to Complete and File California Form DV-116: DV-115, TRO, and Service

California Form DV-116 is the court order a judge signs to grant or deny a request to reschedule a domestic violence restraining order hearing. Its official title is “Order on Request to Continue Court Hearing (Temporary Restraining Order),” and it also records whether any temporary restraining order (TRO) stays in effect until the new hearing date.¹ You don’t file DV-116 alone. You file it together with Form DV-115, the written request, and the judge completes DV-116 with the decision. No filing fee applies to any domestic violence restraining order paperwork in California.²

Reasons the Court Will Reschedule the Hearing

Three situations commonly lead to a continuance:³

The protected party could not get the restrained party personally served in time. Service of the petition, TRO, and notice of hearing must happen at least five days before the court date, and running out of time is the standard reason to reschedule.
The restrained party needs time to prepare. The restrained party is entitled to one continuance as a matter of right, with no special showing required, to respond to the petition.⁴
Either party shows good cause. Beyond the restrained party’s automatic first continuance, either side can ask for more time for a legitimate reason: a scheduling conflict, needing to gather evidence, difficulty retaining a lawyer, or similar circumstances.

The court can also reschedule the hearing on its own, without either party asking.⁵

Filling Out DV-115 and Your Part of DV-116

You prepare two forms together. DV-115 is your written request explaining why you need a new date. DV-116 is the order the judge will sign; you fill in only the identifying information and leave the rest for the court.

Form DV-115

DV-115 asks for the names of the protected party and restrained party, the case number, and your current court date from Form DV-109 (the original hearing notice). Check the box that fits your situation: the protected party needs more time for service, the restrained party is making a first request to reschedule, or you have another reason requiring good cause. If you check “other,” write a clear, specific explanation of why you need the continuance.⁶

Form DV-116

On DV-116, fill out only items 1 and 2 (the protected party’s name and the restrained party’s name), plus the case number at the top. Everything else is for the judge.³ Don’t fill in the new court date, the TRO status, or the service instructions. The judge handles those sections after reviewing your request.

Filing the Forms and Learning the Judge’s Decision

Take both completed forms to the court clerk. Some courts require you to hand the paperwork directly to the clerk, who forwards it to the judge for review. Local practice varies, so ask the clerk’s office how your court processes continuance requests.³ A continuance request can also be made orally at the hearing itself.⁴

After you submit the forms, check back with the clerk to see whether the judge signed DV-116. If yes, your new court date is written on the form. If the judge did not sign it, your original hearing date from DV-109 still stands and you need to show up on that date.³ Once the judge signs DV-116, file both DV-115 and DV-116 with the clerk. The clerk will make up to three file-stamped copies. Keep at least one to bring to your new court date.

What Happens to Your Temporary Restraining Order

When the judge grants a continuance, any existing TRO remains in effect until the end of the rescheduled hearing, unless the court specifically orders otherwise. The judge notes the new expiration date on the face of the extended TRO, and no fee can be charged for the extension.⁴

Section 5 of DV-116 spells out the TRO status with three possible outcomes:⁵

No TRO in effect. Either the court never granted one, or the judge terminates a previously granted TRO and explains why.
TRO extended. The court keeps the existing TRO from Form DV-110 in place and lists the new expiration date. If no expiration date appears, the TRO expires at the end of the rescheduled court date.
TRO modified. The court changes the terms of the existing TRO and signs a new DV-110 with updated terms.

If a TRO currently protects you, read Section 5 of the signed DV-116 carefully. Confirm whether your protections continue as-is, changed, or ended. A gap in protection, even an accidental one, could leave you without enforceable court orders.

Serving the Other Party With the New Date

The signed DV-116 must be delivered to the other party so they know about the rescheduled hearing and any changes to the TRO. Section 7 of the form tells you exactly how service must happen: whether personal service is required, whether mail is acceptable, and the deadline for getting it done.⁵ In some cases the court itself handles service and notes that on the form.

If personal service is required, an adult who is not a party to the case must physically hand the papers to the other side. For service by mail, a non-party adult mails the documents and completes the appropriate proof of service form. Use Form DV-200 for personal service or Form DV-250 for service by mail.³ File the completed proof of service with the clerk before the new court date. The sheriff or marshal will serve the order at no charge; bring a copy of all the papers that need serving to their office.⁵

If the Judge Denies the Continuance

If the judge denies the request, the original court date from DV-109 remains in effect, and any TRO already in place stays in full force until that hearing.⁵ The judge may write the reason for the denial on DV-116. You must appear on the scheduled date ready to proceed. There is no automatic second chance.

What Happens If Someone Misses the Hearing

The outcome depends on who doesn’t show up. If you are the protected party and fail to appear, the temporary restraining orders expire at the scheduled hearing time.⁶ The court won’t extend them on its own, and you lose your protections. If you know you cannot make the hearing, filing DV-115 and DV-116 before the date is the way to keep your TRO alive.

If the restrained party does not appear, the hearing can still go forward without them. The judge may grant a restraining order lasting up to five years based on the petition and the evidence the protected party presents.⁶ Skipping doesn’t make the case go away. It just means the restrained party loses the chance to tell their side.

1
California Courts. Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TRO) (Domestic Violence Prevention) (DV-116)
2
California Courts. Domestic Violence Restraining Orders in California
3
Judicial Council of California. DV-115-INFO How to Ask for a New Hearing Date
4
California Legislative Information. California Code FAM 245 – Continuances
5
Judicial Council of California. Order on Request to Continue Court Hearing (Temporary Restraining Order) DV-116
6
Superior Court of California, County of Orange. How to Change a Hearing Date for the Hearing on DV Restraining Orders