How to Fill Out California Form DV-109 (w/Examples) + FAQs

California Form DV-109, the Notice of Court Hearing, tells the restrained person when and where the court will decide whether to issue a Domestic Violence Restraining Order (DVRO). The judge signs and dates this form, and the protected person must serve it on the restrained person before the hearing so the case can move forward.

If you skip a line, miss the service deadline, or list the wrong courtroom, the judge can drop your temporary protection and reset the entire case. According to the Judicial Council of California court statistics report, California courts processed more than 70,000 domestic violence restraining order petitions in a recent year, and many were delayed or dismissed because of paperwork or service errors.

Here is what you will learn in this guide:

📝 How to fill out every box on California Form DV-109 line-by-line, with named examples.
⚖️ How DV-109 works alongside DV-100, DV-110, DV-105, and DV-200 under the Domestic Violence Prevention Act.
⏰ Service deadlines, courtroom appearance rules, and what happens if the respondent is not served on time.
🚫 The seven most common DV-109 mistakes that cause judges to dismiss cases or vacate temporary orders.
🛡️ County-specific tips for Los Angeles, San Diego, Alameda, Orange, and Sacramento self-help centers.

What California Form DV-109 Is and Why It Matters

California Form DV-109 is the Notice of Court Hearing in a domestic violence restraining order case. The court clerk and judge use it to set the date, time, and department for the hearing where a judge decides whether to grant a long-term restraining order, which can last up to five years under Family Code §6345. The form is part of the standard DV packet maintained by the Judicial Council of California, and it is mandatory in every county.

The plain-English purpose of DV-109 is due process. The United States Constitution and California law both require that a person facing a court order get fair notice and a chance to defend themselves, a rule the California Supreme Court reinforced in In re Marriage of Nadkarni. Without DV-109, the restrained person would not know when to show up, and the judge could not legally issue a permanent order against them.

The consequence of mishandling DV-109 is severe. If the protected person fails to serve DV-109 within the deadline set by California Rules of Court 5.380, the judge will usually drop the Temporary Restraining Order (TRO) and either continue the hearing or dismiss the petition. That gap leaves the protected person without legal protection, and it lets the restrained person continue contact, possession of firearms, or shared housing.

A common misconception is that DV-109 is something the petitioner writes from scratch. In reality, the petitioner fills in only a few boxes, while the court clerk sets the hearing date and the judge signs the bottom. Another myth is that the protected person can hand DV-109 to the restrained person directly, which is not allowed under Code of Civil Procedure §415.10.

Real-world example: Maria, a Fresno mother of two, filed Form DV-100 after her partner threatened her. The clerk handed her DV-109 with a hearing date 21 days out. Maria asked her brother, who was 19 and not a party to the case, to personally serve the restrained person, which complied with the law and kept her TRO active until the hearing.

Who Files DV-109 and When

The petitioner, who is the protected person asking for the restraining order, brings DV-109 to the clerk along with DV-100. The clerk fills in the hearing date and department, and the judge signs the form, often the same day. The petitioner does not draft DV-109 from scratch, but she or he must make sure the personal information at the top matches DV-100 exactly.

Federal law under the Violence Against Women Act (VAWA) gives every state, including California, the duty to give survivors meaningful access to the courts at no cost. California implements this through the no-fee filing rule in Family Code §6222, which means you do not pay a filing fee for DV-100, DV-109, or any of the related forms.

The timing is strict. Under California Rules of Court 5.381, the hearing must take place within 21 days, or 25 days for good cause, of the date the judge signs the form. The petitioner must serve DV-109 on the restrained person at least five days before the hearing under Family Code §245, unless the judge shortens that period in writing.

The consequence of late service is harsh. If the restrained person is not served at least five days before the hearing, the judge will usually continue the case to a new date and may or may not extend the TRO. If the TRO lapses, the restrained person can legally move back into a shared home, contact the protected person, and take back firearms that had been surrendered.

A common misconception is that constructive notice, like a text message or social media post, counts as service. It does not. California requires personal service by an adult who is not a party, and substituted service is allowed only with court permission, as explained on the California Courts Self-Help Guide.

Real-world example: David, a San Diego graduate student, filed for a DVRO against an ex-roommate who had stalked him. He waited until two days before the hearing to mail the papers. The judge continued the hearing for another three weeks, and the TRO expired in the gap, leaving David without legal protection during finals week.

Step-by-Step: Filling Out Every Line on DV-109

This section walks through DV-109 box by box. The form is two pages, and the petitioner only writes in the top section. The clerk and judge handle the rest.

Caption Box: Court Name and Address

The caption is the top-left block. Write the name of the Superior Court of California, County of [Your County], and the full street address of the courthouse where you are filing. If you do not know the courthouse, the California Courts Find My Court tool shows the correct family law branch by zip code.

The plain-English point is that DV-109 must list the exact courthouse with jurisdiction over your case. Family law cases must usually be filed in the county where the protected person lives, where the abuse happened, or where the parties last lived together as a couple. Writing the wrong courthouse can cause the clerk to reject the entire packet at the window.

The consequence of a mismatch between DV-100 and DV-109 is a delay of days or weeks. Clerks must reject mismatched forms because they create a record-keeping problem, and you would have to refile. A common misconception is that any branch in your county will do, but in counties like Los Angeles and San Bernardino, only certain branches handle DV cases.

Real-world example: Aisha, an Oakland nurse, listed the Hayward Hall of Justice on DV-100 but the René C. Davidson Courthouse on DV-109. The clerk rejected the packet, and Aisha lost two days before she could refile, days during which she had no protection.

Petitioner and Respondent Names

Below the caption, write the full legal name of the protected person on the Petitioner line and the full legal name of the restrained person on the Respondent line. Use names exactly as they appear on government identification, with no nicknames or initials.

The plain-English point is that names must match across DV-100, DV-109, DV-110, and any later Form DV-130. Any inconsistency can give the restrained person a basis to challenge the order on appeal under the rule from Gou v. Xiao (2014), which requires precise identification of the restrained party.

The consequence of a wrong or fuzzy name is that law enforcement may refuse to enforce the order. California police officers rely on the CLETS database to confirm the identity of a restrained person, and a name mismatch can stop an arrest cold.

Common misconception: people assume “Bob” and “Robert” are interchangeable. They are not, at least not for a court order. List Robert Allen Smith, not Bob Smith, if Robert is what is on the driver license.

Case Number

The case number goes in the top-right box. The clerk assigns it when DV-100 is filed, and you must copy it onto DV-109 in the same handwriting and same digits. If you are filing electronically through California Courts eFiling, the system fills this in automatically.

The plain-English point is that the case number is how the court keeps every filing in your case linked. Writing the wrong number sends your DV-109 into a different family’s case file, which is a privacy violation and a procedural disaster.

The consequence of a wrong case number is that the hearing may not appear on the court’s calendar at all. The judge will not have your file on the bench, and you may have to reschedule. A common misconception is that the case number is the same as the DR prefix, but in many counties the prefix is FL, DV, or RIF, and the digits matter just as much.

Real-world example: Lin, a Sacramento small-business owner, transposed two digits when copying her case number from DV-100. On the hearing date, the courtroom calendar showed no DV-109, and the judge dropped her case off the calendar. She had to refile and lost a week of protection.

Item 1: Hearing Date, Time, and Department

Item 1 is the heart of the form. The clerk, not the petitioner, fills in the date, time, department, and room of the hearing. The petitioner then takes the form home, makes copies, and arranges for service.

The plain-English point is that this box is the legal notice the restrained person needs to defend themselves. Without it, the judge cannot issue a permanent restraining order, because of the due-process rule from Mathews v. Eldridge.

The consequence of an incorrect or blank Item 1 is that the hearing is, legally speaking, not noticed. The judge will continue the case, and the TRO may lapse. A common misconception is that you can write in the date yourself if the clerk is busy, but only the court can set the hearing.

Item 2: Temporary Orders

Item 2 tells the restrained person whether the judge granted any temporary orders on Form DV-110. The clerk checks one of two boxes: temporary orders were granted, or the judge denied them.

The plain-English point is that Item 2 alerts the restrained person to immediately effective rules, like no contact, stay-away distances, and firearm surrender, that apply right now and not just after the hearing. Under Penal Code §29825, the restrained person must surrender firearms within 24 hours of service.

The consequence of failing to read or honor Item 2 is criminal. Violating a TRO is a misdemeanor under Penal Code §273.6, punishable by up to one year in county jail. A common misconception is that the TRO does not start until the restrained person reads the papers, but it actually starts the moment service is complete.

Item 3: How to Respond

Item 3 directs the restrained person to file Form DV-120, the Response, before the hearing. The form is preprinted and does not need editing.

The plain-English point is that the response is the restrained person’s chance to tell their side. The judge cannot consider written objections that are not in DV-120 or attached declarations. The consequence of skipping the response is losing the chance to present evidence in writing, which often shapes the judge’s first impression on the bench.

A common misconception is that the restrained person must hire a lawyer to respond. The form is designed for self-represented parties, and California self-help centers help with it for free, as explained at LawHelpCA.org.

Item 4: Right to a Lawyer

Item 4 reminds both parties of the right to hire a lawyer. It does not promise a free lawyer, because California does not provide appointed counsel in civil DVRO cases, unlike in criminal cases.

The plain-English point is that the petitioner and respondent each pay their own lawyer or proceed self-represented. Resources include the California State Bar Lawyer Referral Service and pro bono groups like Family Violence Appellate Project.

The consequence of going to a hearing without representation is that the unrepresented party often cannot cross-examine witnesses or lay the foundation for evidence. A common misconception is that the judge will help the unrepresented party, but judges in California must remain neutral under Canon 3 of the California Code of Judicial Ethics.

Item 5: Judge’s Signature

The judge signs the bottom of DV-109, often the same day DV-100 is filed. The signature, with the date and judge’s printed name, is what gives the form legal force.

The plain-English point is that an unsigned DV-109 is not a real notice. The clerk usually walks the form to the judge for same-day signature, but in some counties the judge signs by the next business day.

The consequence of a missing judge signature is that the proof of service is invalid. A process server cannot serve an unsigned form, because nothing has been ordered yet. A common misconception is that the clerk’s stamp counts as a judge’s signature, but only the judge’s signature triggers the hearing.

Three Real-World DV-109 Scenarios

Below are the three most common fact patterns where DV-109 issues come up. Each table shows the petitioner’s Decision and the Outcome under California law.

Decision in Maria’s Case	Outcome Under DVPA
Maria served DV-109 personally through her adult brother seven days before the hearing	TRO stayed in place, judge issued a five-year DVRO
Maria forgot to attach DV-110 (TRO) when serving DV-109	Judge continued the hearing two weeks; TRO remained but service had to be redone
Maria asked her sister, also a co-petitioner, to serve	Service void under CCP §414.10; judge dismissed without prejudice

Decision in David’s Case	Outcome Under DVPA
David served DV-109 only three days before the hearing	Judge continued under Family Code §245; TRO lapsed
David requested an order shortening time and got it in writing	Service was valid even though only three days; hearing went forward
David served by certified mail without court permission	Service invalid; judge declined to issue permanent order

Decision in Aisha’s Case	Outcome Under DVPA
Aisha listed the wrong courthouse on DV-109	Clerk rejected packet; refile required
Aisha refiled the same day at the correct branch	New TRO issued; new hearing date set
Aisha gave up after the first rejection	No protection; respondent contacted her again

How DV-109 Connects to Other DV Forms

DV-109 is one piece of a packet of about a dozen forms. Knowing how each piece connects keeps your filing clean and your protection intact.

DV-100 (Request for Domestic Violence Restraining Order)

Form DV-100 is the actual request. It tells the judge what happened and what orders you want. DV-109 is the notice that follows DV-100, telling the restrained person when the judge will rule.

The plain-English point is that DV-100 is the engine and DV-109 is the calendar. Without DV-100, there is no case. Without DV-109, the case has no hearing. The consequence of submitting one without the other is that the clerk will reject the packet because California requires both at filing.

A common misconception is that DV-100 alone gives instant protection. It does not. The judge must sign DV-110 to give a TRO, and DV-109 must be served to give the respondent notice.

DV-110 (Temporary Restraining Order)

Form DV-110 is the temporary order itself, signed by the judge and effective until the hearing. It contains the no contact, stay away, move out, and firearm surrender terms.

The plain-English point is that DV-110 is what the police enforce. The consequence of not serving DV-110 along with DV-109 is that the restrained person is technically not bound by the temporary terms, even though they have notice of the hearing.

A common misconception is that DV-110 lasts forever. It does not, it lasts only until the hearing date on DV-109, after which the judge issues DV-130 if the restraining order becomes permanent.

DV-105 (Request for Child Custody and Visitation Orders)

If children are involved, Form DV-105 lays out what custody and visitation the petitioner wants. The hearing on DV-109 will also resolve child custody temporarily.

The plain-English point is that DV-105 cannot stand alone, it rides with DV-100 and DV-109. The consequence of skipping DV-105 when children are involved is that the judge may default to a 50/50 schedule that endangers the children.

A common misconception is that an emergency ex parte custody order under Family Code §3064 is automatic. The petitioner must specifically request it on DV-105.

DV-200 (Proof of Personal Service)

Form DV-200 is filed by the process server after DV-109 is served. It tells the judge that notice has been given.

The plain-English point is that without DV-200 in the file, the judge cannot proceed. The consequence of missing DV-200 is automatic continuance, since the judge has no proof the respondent knows about the hearing.

A common misconception is that the petitioner can fill out DV-200. Only the server, who must be 18 or older and not a party to the case, can sign it.

County-Specific DV-109 Quirks

While DV-109 is a statewide Judicial Council form, individual counties layer on local rules.

Los Angeles County

Los Angeles uses a centralized Stanley Mosk Courthouse self-help center and several satellite branches. The clerk usually sets DV hearings in Department 2 at Mosk, or at Pomona, Long Beach, or Van Nuys depending on residence. Service must be at least five court days before, not five calendar days, under local rule.

San Diego County

San Diego routes most DV cases through the Family Justice Center, which combines police, advocates, and clerks under one roof. Hearings happen at the Hall of Justice.

Alameda County

Alameda uses the René C. Davidson Courthouse for Oakland-area DV filings, with Hayward as a backup. The local self-help center reviews DV-109 line-by-line before filing.

Orange County

Orange County’s Lamoreaux Justice Center handles DV cases. Local rules require an extra cover sheet, Form L-1117, with the DV packet.

Sacramento County

Sacramento uses the William R. Ridgeway Family Relations Courthouse and provides drop-in DV clinics three days a week.

Mistakes to Avoid on DV-109

These errors cause judges to delay, deny, or vacate restraining orders. Avoid every one.

Mismatched names between DV-100 and DV-109. The clerk will reject the packet, costing days of protection.
Wrong case number. Your hearing will not appear on the calendar, and the judge will pass over your case.
Petitioner serves the papers personally. Under CCP §414.10, service by a party is void, and the TRO can be vacated.
Missing DV-200 at the hearing. Without proof of service, the judge cannot enter a permanent order.
Service less than five days before hearing. The judge will continue the case, and the TRO may lapse.
Not serving DV-110 with DV-109. The temporary order is technically unenforceable against an uninformed respondent.
Forgetting children’s custody requests on DV-105. The judge may set a default custody schedule that hurts the children.
Listing a P.O. box for the restrained person. Personal service requires a physical address.
Failing to bring three copies of the packet to court. Many clerks require an original and two copies.

Do’s and Don’ts of Filing DV-109

These rules help petitioners and respondents both. Each comes with the why.

Do’s:

Do match every name and address across DV-100, DV-109, and DV-110, because clerks reject mismatched packets.
Do use a process server or sheriff to serve, because California law requires a non-party adult.
Do file Form DV-200 before the hearing, because the judge needs proof of service.
Do bring photo ID to the courthouse, because some clerks check identity to prevent fraud.
Do visit the Self-Help Center at your local courthouse, because staff review your packet for free.

Don’ts:

Don’t serve the papers yourself, because party-served papers are void under CCP §414.10.
Don’t miss the hearing, because the judge will dismiss without prejudice and the TRO will lapse.
Don’t email or text the papers, because electronic service is not valid for initial DV service.
Don’t edit Items 3, 4, or 5, because those are court-controlled lines.
Don’t forget to ask for an interpreter if needed, because failing to do so risks a continued hearing under Government Code §68560.5.

Pros and Cons of Self-Filing DV-109

Filing without a lawyer is common and legal. Here are the trade-offs.

Pros:

Free filing under Family Code §6222 saves up to $450 in court fees.
Same-day TRO often issues, giving immediate protection.
Self-help centers offer line-by-line review at no cost.
Standardized forms mean less guesswork than other civil cases.
Clear instructions on the Judicial Council DV forms list walk you through each step.

Cons:

Cross-examination is hard without a lawyer, which can hurt the case at the hearing.
Evidence rules under the California Evidence Code still apply, and self-represented parties often miss objections.
Custody nuances under DV-105 are technical and easy to get wrong.
Mistakes in service or filing can vacate the TRO and leave you exposed.
Emotional toll of representing yourself against an abuser is significant.

Court Rulings That Shape DV-109 Practice

California appellate courts have repeatedly addressed DV-109 service and notice issues. In Nakamura v. Parker (2007), the Court of Appeal held that judges abuse their discretion when they deny TROs without considering the full DV-100 declaration, which is then noticed by DV-109. In Loeffler v. Medina (2009), the court reaffirmed that DVRO procedures must be construed liberally to protect victims.

In Gou v. Xiao (2014), the Court of Appeal underscored that the restrained person must be clearly and accurately identified on the noticing forms. The plain-English point of these cases is that liberal construction favors victims, but precise paperwork still matters. The consequence of sloppy DV-109 service is reversal on appeal, even when the underlying abuse is undisputed.

A common misconception is that substantial compliance is enough. It is not when due process is at stake, especially after S.M. v. E.P. (2010), which set aside an order for inadequate notice.

Key People, Places, and Entities

The DV-109 process involves several actors and institutions:

Petitioner, the protected person who files DV-100 and brings DV-109 to court.
Respondent, the restrained person who must be served with DV-109.
Clerk of the Superior Court, who fills in the hearing date and case number.
Family law judge or commissioner, who signs DV-109 and DV-110 and presides at the hearing.
Process server or sheriff, who delivers DV-109 to the respondent.
Judicial Council of California, which writes and updates the DV forms.
California Partnership to End Domestic Violence, the statewide coalition of advocacy groups.
National Domestic Violence Hotline, reachable at 1-800-799-SAFE.

Frequently Asked Questions

Is DV-109 free to file in California?

Yes. Under Family Code §6222, DV-109 and the entire DV packet are filed without a fee, and law enforcement serves it for free.

Can I serve DV-109 myself?

No. California requires a non-party adult, like a friend over 18, a process server, or a sheriff’s deputy, to serve DV-109. Petitioner-served papers are void.

Can DV-109 be served by email?

No. Initial service of DV-109 must be personal under CCP §415.10, unless the judge orders an alternative method like substituted or published service.

Does DV-109 give the protected person any orders?

No. DV-109 is only a notice. The actual orders come from DV-110, the Temporary Restraining Order, signed by the judge.

Can the hearing date on DV-109 be moved?

Yes. Either party may request a continuance for good cause, and the judge can extend the TRO under Family Code §245 to bridge the gap until the new date.

Will the police enforce DV-109?

No. Police enforce the temporary orders on DV-110, not the notice on DV-109. The notice tells the respondent when to show up, not what to do.

Do I need DV-109 if there is no TRO?

Yes. Even without a TRO, DV-109 is required to set the hearing date so the judge can decide whether to grant a long-term DVRO.

Can I get a DV-109 in another language?

Yes. Many counties translate DV-109 into Spanish, Vietnamese, Mandarin, Korean, and other languages, and free court interpreters are available.

Does DV-109 affect my immigration status?

No. Filing DV-109 does not trigger any immigration consequence, and survivors may qualify for U-Visa relief regardless of status.

Is DV-109 the same in every California county?

Yes. DV-109 is a Judicial Council form used statewide, but counties may add cover sheets and local procedures on top of it.

Can a minor file DV-109?

Yes. A minor 12 or older can file under Family Code §6224 without a guardian, and the court will set a hearing on DV-109.

Will DV-109 show up on a background check?

No. DV-109 itself is just a notice and does not appear in a background check. A signed DV-130 permanent order, however, can show up in CLETS records.

Can I get a copy of DV-109 if I lost mine?

Yes. The court clerk’s office where you filed will print you a certified copy for a small fee, often around $0.50 per page plus $25 for certification.

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