Yes, you can ask a California family court for child custody and visitation orders inside a domestic violence restraining order case by filling out Form DV-105, the Request for Child Custody and Visitation Orders. The form lets a protected parent, a restrained parent, or a nonparent ask the judge to decide who the child lives with, who makes decisions, and how the other parent sees the child while a Domestic Violence Prevention Act case is open.
The form sits inside a fast-moving DVRO case, so a small mistake on page two can cost a parent custody for months. According to the California Judicial Council 2023 Court Statistics Report, California courts process more than 60,000 domestic violence restraining order filings each year, and a large share of those cases involve children who need temporary custody orders within 21 days.
Here is what this guide covers:
- 📝 A line-by-line walkthrough of every box on Form DV-105, including attachments like DV-105(A) for supervised visitation
- ⚖️ How Family Code §3044 creates a rebuttable presumption against giving custody to a domestic violence perpetrator
- 👨👩👧 Three named-person scenarios showing real fact patterns from California courts
- 🚫 The seven biggest mistakes self-represented parents make on DV-105 and the consequences of each
- 📅 What happens after you file, including the DV-110 temporary order, the 21-day hearing, and the long-term DV-130 order
What Form DV-105 Is and Why It Exists
California Form DV-105 is a Judicial Council form that lets a party in a domestic violence restraining order case request temporary child custody and visitation orders from the family court. The form is filed alongside the main request for a restraining order, Form DV-100, and it gives the judge the facts needed to decide who cares for the children while the case is pending. The current version of DV-105 took effect January 1, 2025, and it is still the operative form in 2026 under the Judicial Council forms list.
The form exists because federal and state law treat domestic violence as a child welfare issue. The federal Violence Against Women Act funds state programs that protect children of abused parents, and California adds Family Code §3044, which presumes that giving custody to a parent who has committed domestic violence in the past five years is not in the child’s best interest. Without DV-105, a judge in a DVRO case would have no formal request on file to make custody orders, and a child could be left in the home of an abuser by default.
The consequence of skipping DV-105 is severe. A parent who only files DV-100 and asks the court for a stay-away order, but forgets DV-105, will likely walk out with a personal protective order that does not address the children. The other parent can then keep the kids, refuse contact, or even leave the state, and the protected parent will need to file a separate custody case under Family Code §3021 to fix it.
Real example: Maria, a mother in San Diego, filed DV-100 against her husband after a strangulation incident but left DV-105 blank because she “didn’t want to fight about the kids.” Her husband used the next 14 days to take the children to his mother’s house in Arizona. Maria then had to file an emergency UCCJEA petition to get the children back, and the delay cost her two months of contact.
A common misconception is that a criminal protective order from a DV arrest also handles custody. It does not. Criminal courts under Penal Code §136.2 can order no contact with the victim, but only the family court using DV-105 can decide who has legal and physical custody of the children day to day.
Who Can File Form DV-105
Three groups of people can file DV-105 in California. Each group has different standing rules, and the form has check boxes at item 1 to identify which group the filer falls into. Understanding the right category matters because the wrong box can lead a clerk to reject the filing or a judge to deny standing at the first hearing.
The Protected Parent
The protected parent is the person who is asking for the restraining order against the other parent and who shares a child with that other parent. This is the most common DV-105 filer. Under Family Code §6320, the protected parent can ask for sole legal custody, sole physical custody, and either supervised or no visitation for the abuser.
The consequence of filing as the protected parent is that the §3044 presumption works for you, not against you. If the judge finds that the other parent committed domestic violence, the law assumes that giving them custody is harmful, and the burden flips to them to prove otherwise.
Real example: David, a father in Los Angeles, filed DV-100 and DV-105 against his wife after she pushed him down the stairs in front of their son. Because he checked the protected-parent box and attached the police report, the judge granted him sole legal and physical custody on a temporary basis the same day under the DV-110 order.
The Restrained Parent
The restrained parent is the person being asked to stay away. This parent can also file DV-105 to ask the court for visitation, joint custody, or to dispute the other parent’s requests. The form has a separate check box at item 1 for this filer.
A restrained parent who ignores DV-105 risks losing all contact with the children for weeks. The court will issue a temporary order on the protected parent’s request, and the only way to get visitation back is to file a Responsive Declaration to Request for Order, Form FL-320, or a new DV-105 of their own.
A common misconception is that a restrained parent has no rights at the first hearing. They do. The California Constitution Article I §7 guarantees due process, and the court must hear the restrained parent’s side before making long-term orders.
The Nonparent
A nonparent, such as a grandparent, aunt, or stepparent, can file DV-105 to ask for custody when both parents are unfit. Standing comes from Family Code §3041, which lets the court give custody to a nonparent if living with either parent would harm the child.
The consequence of a nonparent filing without clear and convincing evidence is dismissal. The judge applies a higher burden of proof under §3041(b), and a vague claim of “the parents fight a lot” will fail. A nonparent should attach declarations, school records, and Child Protective Services reports.
Real example: Grandma Rosa in Fresno filed DV-105 as a nonparent after both parents were arrested for methamphetamine possession. She attached the CPS referral and a declaration from the children’s pediatrician, and the court granted her temporary physical custody at the first hearing.
Line-by-Line Walkthrough of Form DV-105
Form DV-105 has eight numbered items and a signature block. Each item asks for a specific piece of information, and the choices a filer makes have real consequences on the case. The walk-through below tracks the official 2025 version of the form, which is still in use as of May 2026.
Caption and Case Number
The caption at the top mirrors DV-100. The filer writes the protected person’s name, the restrained person’s name, the court branch, and the case number. The case number is assigned by the clerk when DV-100 is filed, and the same number must appear on every later form, including DV-105, DV-108, and DV-200.
The consequence of a wrong case number is a rejected filing or, worse, a DV-105 filed in the wrong case. Clerks in busy counties like Los Angeles process thousands of DV filings a week, and a mismatched number can sit in a clerk’s queue for days while a temporary order goes unsigned.
A common misconception is that the caption needs the children’s names. It does not. The caption only carries the adult parties, and the children’s names go inside item 2.
Item 1: Who Is Asking for Custody and Visitation Orders
Item 1 has check boxes for the person asking for protection, the person to be restrained, and another person (a nonparent). The filer picks one. This single check box tells the judge which legal standard applies and which presumption controls.
The consequence of checking the wrong box is large. A nonparent who checks the “person asking for protection” box without filing DV-100 themselves will be told they have no standing. The judge under Family Code §3041 needs the nonparent to identify as such so the higher burden of proof is triggered.
Item 2: Children’s Names, Ages, and Living Situation
Item 2 asks for each child’s full name, date of birth, and current address. There is room for four children on the face of the form, and more children go on an attached page. The filer also lists who the child lives with right now and who else lives in that home.
The consequence of leaving this blank or vague is dismissal of the custody request. Under the UCCJEA, Family Code §3402, the court needs the child’s “home state” facts to take jurisdiction, and item 2 is where those facts come in. A judge who cannot tell where a child has lived for the past six months will refuse to make orders.
Real example: Aisha, a mother in Oakland, listed only “with me” at item 2 without an address. The judge continued the hearing for two weeks and asked her to file Form FL-105, the UCCJEA declaration, before ruling on custody.
Item 3: Legal Custody Request
Item 3 asks who should make important decisions about health, education, and welfare for the children. The filer can ask for sole legal custody (one parent decides), joint legal custody (both parents decide together), or leave it for the court. The form explains each choice in plain English.
The consequence of asking for joint legal custody when the other parent is the abuser is real harm to the child. Joint legal custody requires the parents to communicate about doctors, schools, and counseling, and an abuser will use that channel to keep controlling the protected parent. Family Code §3044 presumes that joint legal custody is not in the child’s best interest when DV is found.
A common misconception is that joint legal custody means equal time with the kids. It does not. Legal custody is about decision-making, not about where the children sleep. Physical custody is the time-share question, and it is answered at item 4.
Item 4: Physical Custody Request
Item 4 covers where the children live. The filer can ask for sole physical custody, joint physical custody, or a primary parent with visitation to the other. The form has space to write the parenting schedule in plain language.
The consequence of vague language at item 4 is a vague order. A request that says “I want the kids most of the time” will produce a DV-110 order that is hard to enforce. A clear request like “Mother shall have physical custody Monday at 8 a.m. through Friday at 6 p.m., and Father shall have visitation Saturday at 10 a.m. through Sunday at 6 p.m.” gives the police something to enforce if the other parent breaks it.
Real example: Jamal, a father in Sacramento, wrote “I want her to see them sometimes” at item 4. The judge issued a temporary order with no schedule, and the mother kept the children for the entire 21 days before the long-term hearing.
Item 5: Visitation Orders
Item 5 lets the filer ask for one of several visitation patterns. The choices are no visitation, supervised visitation, no overnight visitation, visitation with conditions, or reasonable visitation as the parents agree. There are also boxes to ask for visitation only at a professional supervised visitation provider or with a non-professional supervisor.
The consequence of choosing “reasonable visitation as the parents agree” in a DV case is chaos. The whole point of the DVRO is that the parents cannot communicate safely. A “reasonable” order will lead to fights about every drop-off and pickup, and the protected parent will be back in court within weeks asking for a clearer order.
A common misconception is that supervised visitation is permanent. It is not. Under Family Code §3200.5, supervised visitation is meant to bridge a parent back to safe unsupervised contact, and the court reviews it every six months.
Item 6: Child Abduction Prevention
Item 6 asks the court to add abduction-prevention orders. The filer can ask for surrender of passports, no travel outside California, posting of a bond, or supervised exchanges only. The legal hook is Family Code §3048, which lets the court act when there is a credible risk a parent will take the child.
The consequence of skipping item 6 when the other parent has dual citizenship or family abroad is enormous. Once a child is taken outside the United States, the Hague Convention on Child Abduction is the only path back, and recovery can take years and cost six figures in legal fees.
Real example: Lin, a mother in San Francisco, suspected her husband would take their daughter to Taiwan, which is not a Hague Convention signatory. She checked every box at item 6, attached a declaration from the consulate, and the judge ordered the passports surrendered to the clerk the same day.
Item 7: Other Orders
Item 7 is a free-text box for any other custody-related orders the filer wants. Common requests include no third-party contact (such as the abuser’s new partner) during visits, no alcohol or drugs during visits, mandatory drug testing, completion of a 52-week batterer’s program, and counseling for the children.
The consequence of leaving item 7 blank is missing the chance to ask for protective conditions that the court will not add on its own. Judges in DVROs are busy, and they make the orders that are requested. If a parent does not ask for drug testing at item 7, the judge will not add it sua sponte.
Item 8: Facts to Support the Request
Item 8 is the heart of DV-105. The filer writes the facts that show why these custody and visitation orders are best for the children. The space is small, so most filers attach a Form MC-031 declaration.
The consequence of weak facts at item 8 is a denied request. The judge needs specific dates, places, and behaviors, not feelings. “He hit me” is weak. “On March 14, 2026, at 9 p.m., in our kitchen at 123 Main Street, he punched me in the face in front of our 6-year-old son, who screamed and hid in the closet” is strong.
A common misconception is that item 8 is a place to vent. It is not. The judge has minutes per case and will skim. Lead with the worst incident, then list the next two worst, and attach police reports, medical records, and photos.
Signature, Date, and Lawyer Information
The bottom of the form has a date, a signature, and a printed name. If the filer has a lawyer, the lawyer signs and includes their State Bar number. The signature is made under penalty of perjury, which means a knowingly false statement is a crime under Penal Code §118.
The consequence of an unsigned form is rejection at the clerk’s window. A common misconception is that a typed name counts as a signature. It does not. California courts require a wet signature or a verified electronic signature through the eFiling system.
Three Named-Person Scenarios
Real cases show how DV-105 plays out. Each scenario below tracks a different fact pattern that California courts see often, and each ends with the order the judge entered.
Scenario 1: Strangulation and Sole Custody
| Step Maria Took | Outcome in Court |
|---|---|
| Filed DV-100 and DV-105 the day after a strangulation arrest | Court accepted the filing and set a hearing in 14 days |
| Checked sole legal and sole physical custody at items 3 and 4 | Judge granted both on a temporary basis under DV-110 |
| Asked for supervised visitation at item 5 with a professional provider | Judge ordered visits twice a week at a supervised visitation center |
| Attached a police report, photos of bruises, and a hospital record at item 8 | §3044 presumption triggered, husband ordered to complete 52-week batterer’s program |
Scenario 2: Mutual Allegations and Joint Custody
| Step David Took | Outcome in Court |
|---|---|
| Filed DV-100 first, his wife filed a cross-petition the next day | Court consolidated both cases under one number |
| Asked for joint legal and joint physical custody at items 3 and 4 | Judge granted joint legal but gave David primary physical |
| Asked for no overnight visitation for the wife at item 5 | Judge ordered daytime visits only for 90 days |
| Item 8 included a child’s drawing and a teacher’s declaration | Judge appointed a minor’s counsel under Family Code §3150 |
Scenario 3: Move-Away Inside a DVRO
| Step Lin Took | Outcome in Court |
|---|---|
| Filed DV-105 with item 6 abduction-prevention boxes checked | Passports ordered surrendered to the clerk |
| Attached a declaration about her husband’s Taiwan family ties | Court found a credible risk under Family Code §3048 |
| Asked at item 7 for supervised exchanges at a police station | Judge ordered exchanges only at the San Francisco Police Department |
| Filed a DV-108 at the same time | Court added a no-travel order to all DV orders |
Mistakes to Avoid on Form DV-105
Self-represented parents make the same errors over and over. Each mistake below has a real consequence in court, and most can be fixed before filing if the parent slows down.
- Leaving item 8 blank or one sentence long. The judge has no facts to act on, and the request is denied. Fix this by attaching a detailed MC-031 declaration with dates, places, and witnesses.
- Asking for “reasonable visitation as the parents agree” in a DV case. Parents in a DVRO cannot agree, and the order becomes unenforceable. Pick a specific schedule down to the hour.
- Forgetting to file Form FL-105, the UCCJEA declaration. The court has no jurisdiction facts and continues the hearing. File FL-105 with DV-105 every time there are children.
- Checking joint legal custody when DV is found. §3044 presumes against it, and the judge will be confused about what the parent really wants. Ask for sole legal custody and explain why at item 8.
- Skipping item 6 when the other parent has foreign ties. A child can be taken abroad in days, and the Hague Convention may not apply. Always check abduction-prevention boxes when the risk is real.
- Using the form to attack the other parent’s character. Judges discount name-calling. Stick to specific incidents and let the facts do the work.
- Filing DV-105 without serving it with Form DV-109 and DV-200. The other parent has a due-process right to notice, and an unserved DV-105 will be continued. Use a process server or the sheriff under Code of Civil Procedure §415.10.
- Bringing the children to court. Most California family courts bar children from the courtroom unless they are testifying under Family Code §3042. Arrange childcare in advance.
- Missing the Family Court Services mediation appointment. California requires DV mediation before custody hearings under Family Code §3170. Missing it can delay the case by weeks.
Do’s and Don’ts for Filling Out DV-105
Knowing what to do and what to avoid keeps the case on track. Each item below has a short reason behind it.
Do’s:
- Do file DV-105 the same day you file DV-100, because the temporary custody order needs both forms to work together.
- Do attach a separate MC-031 declaration when item 8 runs out of room, because facts are how a judge makes findings.
- Do ask for specific, dated visitation language at item 4, because police can only enforce clear orders.
- Do request a batterer’s intervention program at item 7 when DV is the issue, because §3044 makes completion relevant to lifting the presumption.
- Do keep three copies of every form, because the clerk keeps one, the other parent gets one, and you keep one.
Don’ts:
- Don’t lie or exaggerate at item 8, because perjury is a crime under Penal Code §118 and judges punish exaggeration with credibility findings.
- Don’t sign DV-105 in front of the children, because they will be drawn into the case and may be subpoenaed.
- Don’t use DV-105 to ask for child support, because that goes on Form FL-150 and FL-300.
- Don’t rely on text messages alone as proof, because authentication under Evidence Code §1552 needs a foundation declaration.
- Don’t miss the 21-day hearing, because the temporary order will dissolve and the abuser regains default rights.
Pros and Cons of Asking for Custody Through DV-105
Filing DV-105 inside a DVRO case has real advantages, but it is not always the best path. Each point below carries a short why.
Pros:
- DV-105 is fee-waived under Government Code §70617, because DV cases are filed at no cost to the protected parent.
- A temporary order can issue the same day, because DVRO cases are heard on an emergency calendar.
- The §3044 presumption gives a huge legal advantage to the protected parent, because the burden flips to the abuser.
- Family Court Services mediation is free under Family Code §3160, because the state pays for it.
- The orders are enforceable by police, because they are entered into the California Law Enforcement Telecommunications System.
Cons:
- Hearings are fast, because the court has only 21 days, and parents have less time to prepare.
- The other parent may file a cross-DVRO, because mutual filings are common in California.
- The orders are temporary, because they only last until the long-term hearing or up to five years under DV-130.
- A denied DV-105 can hurt a later custody case, because the family court judge sees the prior denial.
- Mediators report DV findings, because Family Code §3192 requires separate meetings, but the report can still go either way.
Companion Forms You Will Likely Need
DV-105 does not stand alone. A complete DVRO custody package usually includes several other forms, and each one has a specific job. Filing them together avoids continuances and gets stronger orders the first time.
Form DV-100 is the Request for Domestic Violence Restraining Order, the lead form in the case. Form DV-109 is the Notice of Court Hearing, which the clerk fills in with the date and time. Form DV-110 is the Temporary Restraining Order, and the judge writes the temporary custody orders directly on it.
Form DV-105(A) is the Request for Supervised Visitation, used when the filer wants a professional or non-professional supervisor. Form FL-105 is the UCCJEA Declaration, which gives the judge the jurisdiction facts. Form DV-200 is the Proof of Personal Service, filled out by whoever serves the papers on the other parent.
Form DV-130 is the long-term Restraining Order After Hearing, issued at the 21-day hearing if the judge grants the DVRO. The custody orders from DV-105 carry over to DV-130 and can last up to five years under Family Code §6345.
Key California Statutes and Court Rules
A few statutes drive every DV-105 case. Knowing them helps a parent argue at the hearing and read the judge’s rulings.
Family Code §3011 lists the best-interest factors, including health, safety, history of abuse, and substance use. Family Code §3020 declares the state’s policy that frequent and continuing contact with both parents is the goal only when it is safe.
Family Code §3044 is the heart of the DV custody case. It creates a rebuttable presumption against custody for a parent who committed DV in the past five years. The Court of Appeal in In re Marriage of Fajota, 230 Cal.App.4th 1487 (2014), held that a trial court must apply §3044 once a finding of DV is made, and skipping the presumption is reversible error.
Family Code §3048 governs abduction prevention. Family Code §3170 requires Family Court Services mediation before custody hearings. The California Rules of Court 5.215 sets the protocol for DV mediation, including separate sessions for safety.
What Happens After You File DV-105
Filing DV-105 starts a clock. The clerk gives the filer a hearing date within 21 days under Family Code §242, and the judge usually signs a temporary order on DV-110 the same day.
The temporary order must be served on the other parent at least five days before the hearing under Code of Civil Procedure §1005. Service is done by an adult who is not a party, and proof goes on DV-200. Without proof of service, the judge will continue the hearing and the temporary order will lapse.
Before the hearing, the parents attend Family Court Services mediation. In DV cases, the mediator meets with each parent separately under California Rule of Court 5.215. The mediator may write a report with recommendations, and many counties (such as San Diego and Sacramento) follow the recommending model, while others (such as Los Angeles and Alameda) use the non-recommending Child Custody Recommending Counseling model.
At the hearing, the judge hears both sides and either grants the DV-130 long-term order with custody terms, denies it, or continues the case. If granted, the orders go into CLETS and are enforceable by any police officer in California.
FAQs
Do I have to file DV-105 if I already have a custody case?
No. If you already have an open family law case with custody orders, you can use Form DV-100 alone and ask the DV court to refer custody back to your existing case judge.
Can I file DV-105 without a lawyer?
Yes. California law allows self-representation, and the Self-Help Center at every superior court helps parents fill out DV-105 for free. Local DV agencies also offer trained advocates.
Does DV-105 cost money to file?
No. Domestic violence filings, including DV-105, are fee-waived under Government Code §70617(d), so the clerk cannot charge a filing fee.
Will the judge talk to my child?
No, not usually at the first DV-105 hearing. Children 14 and older have a right to address the court under Family Code §3042, but most judges prefer to hear from a minor’s counsel or mediator first.
Can I get sole legal custody on DV-105?
Yes. Item 3 has a check box for sole legal custody, and the Family Code §3044 presumption supports the request when DV is found within the past five years.
Does DV-105 stop the other parent from seeing the kids?
Yes, if you ask for “no visitation” at item 5 and the judge agrees. More often, the judge orders supervised visitation through a professional provider until the abuser shows progress.
Can the restrained parent file DV-105 too?
Yes. A restrained parent can file their own DV-105 to ask for visitation or joint custody, or use Form FL-320 to respond to the protected parent’s request.
How long do DV-105 custody orders last?
No longer than the underlying DVRO. Temporary orders run until the 21-day hearing, and long-term orders entered on DV-130 can last up to five years under Family Code §6345.
Can a grandparent file DV-105?
Yes. A nonparent can file DV-105 under Family Code §3041, but the burden of proof is higher and clear and convincing evidence of detriment is required.
Will DV-105 affect my immigration status?
No. Filing DV-105 does not trigger immigration review, and survivors may qualify for a U-Visa or VAWA self-petition based on the DV findings.
Can I change a DV-105 order later?
Yes. Either parent can file Form FL-300 requesting a modification, but they must show a significant change of circumstances under Montenegro v. Diaz, 26 Cal.4th 249 (2001).
Does DV-105 cover child support?
No. Child support is requested on Form FL-150 and FL-300, and the DV court can order it at the same hearing if those forms are filed.
Related reading
- How to Fill Out California Form DV-108 (w/Examples) + FAQs
- How to Fill Out California Form DV-110 (w/Examples) + FAQs
- How to Fill Out California Form DV-120 (w/Examples) + FAQs
- How to Fill Out California Form DV-130 (w/Examples) + FAQs
- How to Fill Out California Form DV-140 (w/Examples) + FAQs
- How to Fill Out California Form DV-150 (w/Examples) + FAQs
- How to Fill Out California Form DV-100 (w/Examples) + FAQs