You fill out California Form DV-115 by stating who you are in the case, identifying the existing restraining order by case number and date, listing the exact changes you want the judge to make, explaining the changed circumstances that justify those changes, and signing under penalty of perjury before filing it with the same court that issued the original order. The form is the Judicial Council’s Request to Change or End Restraining Order, and it sets a new hearing where the judge decides whether to modify, terminate, or keep the order in place.
According to the California Department of Justice CLETS data, more than 180,000 active domestic violence restraining orders sit in the statewide registry at any given time, and a meaningful share of them face modification or termination requests every year. That number explains why DV-115 is one of the most filed post-judgment forms in California family court.
Here is what you will learn in this guide:
- 📝 How to complete every box, line, and checkbox on Form DV-115 without missing a required field.
- ⚖️ The legal standard judges use under the Domestic Violence Prevention Act to grant or deny your request.
- 📅 The deadlines, service rules, and hearing timelines under California Rules of Court 5.380.
- 🧾 Real-world examples showing protected and restrained parties using DV-115 the right way.
- 🚫 The most common mistakes that get DV-115 requests denied, dismissed, or sent back for correction.
What Form DV-115 Is and Why It Exists
Form DV-115 is the official Judicial Council form a party uses to ask a California court to change or end a domestic violence restraining order that the court already issued after a hearing. The form lives inside the broader DV-100 series of restraining order forms and works only after a judge has signed a final order, usually a DV-130. You cannot use DV-115 to request a brand-new order, to appeal, or to challenge the original findings.
The form exists because California law, under Family Code §6345, gives both protected and restrained parties a right to ask for changes when life circumstances shift. Without DV-115, parties would have to file a full new case or rely on informal motions, which courts will not accept. The consequence of skipping the proper form is simple: the clerk will reject your filing, and your hearing will never get on the calendar.
A common misconception is that DV-115 lets you cancel a criminal protective order, but it does not. Criminal protective orders use the CR-160 process and belong to the criminal court. DV-115 only touches civil DV orders.
Who Can File DV-115
Either the protected person or the restrained person may file DV-115. The protected person typically files to add protections, extend dates, or end the order early. The restrained person typically files to remove firearm restrictions in narrow cases, allow peaceful contact for co-parenting, or terminate the order outright.
A third party, such as a parent on behalf of a minor, may also file when they were the original protected party in the case. The court will reject a filing from someone who is not a party to the case, because they have no standing under Family Code §6301.
The consequence of filing without standing is dismissal and possible sanctions if the judge finds the filing frivolous. A common misconception is that a new spouse, friend, or roommate can file for the protected party, but only the actual party may sign DV-115.
When DV-115 Applies
DV-115 applies after the court issues a final restraining order following a noticed hearing. It does not apply to a Temporary Restraining Order (TRO) issued on a DV-110, because TROs end at the first hearing date. For TRO changes, parties use Form DV-116 instead.
The form also applies whether the underlying order lasts one year, three years, or five years, up to the maximum five-year initial term under Family Code §6345. After the order ends, you cannot use DV-115; you would need to ask for a renewal using Form DV-700 before expiration.
The consequence of filing DV-115 on an expired order is automatic denial. A common misconception is that DV-115 can revive a lapsed order, but California law treats an expired order as gone for good unless renewed in time.
The Legal Standard for Modifying or Terminating a DV Order
Judges decide DV-115 requests under a changed circumstances test rooted in case law. The leading authority is Loeffler v. Medina (2009) 174 Cal.App.4th 1495, which holds that a restrained party seeking termination must show a material change in circumstances since the order issued. The protected party does not need to meet that same bar to extend or strengthen protections.
The court also weighs the factors in Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, including the seriousness of past abuse, the burden the order imposes, and the protected party’s reasonable apprehension of future abuse. Judges read DV-115 declarations through this lens, so vague statements like “I have changed” will not move the needle.
The consequence of missing this standard is a denial that sticks for years, because judges often cite the failure as res judicata on the same facts. A common misconception is that simply completing a batterer’s intervention program automatically ends the order, but courts treat completion as one factor among many.
Burden of Proof Differences
The burden of proof shifts based on who files. When the restrained party files to terminate, that party carries the burden by a preponderance of the evidence. When the protected party files to end the order, courts apply a lighter, more deferential review under Family Code §6345(a).
When either party seeks to modify, such as adjusting a stay-away distance or adding peaceful contact for child exchanges, the moving party must still show good cause. Good cause is lower than changed circumstances, but it still requires specific facts.
The consequence of guessing wrong about your burden is a poorly drafted declaration. A common misconception is that the protected party can never agree to end the order, but California courts allow termination on a protected party’s informed, voluntary request.
Where to File DV-115 and What It Costs
You file DV-115 in the same superior court that issued the original restraining order, in the same case number. Filing in a different county will get the form rejected, because only the issuing court has jurisdiction to change its own orders under Code of Civil Procedure §128.
There is no filing fee for DV-115 under Government Code §70617(a)(4), which exempts domestic violence forms from court fees. Some clerks still ask for a fee waiver out of habit, but you can decline. If you need other fee waivers, use Form FW-001.
The consequence of paying a fee you do not owe is lost money the clerk’s office may not refund quickly. A common misconception is that the courthouse closest to your home accepts the filing, but only the original issuing courthouse can.
County-Specific Filing Rules
Large counties run dedicated DV clinics that help with DV-115. The Los Angeles Superior Court Self-Help Center handles DV-115 at the Stanley Mosk and Pomona courthouses on walk-in days. The San Diego Superior Court DV Unit requires drop-box filing in many divisions.
The Alameda County Family Justice Center and the Orange County Self-Help Center both offer free assistance with DV-115. Each county sets its own hearing calendar, so timelines vary by 1–6 weeks.
The consequence of ignoring local rules is an unfiled form sitting in a clerk’s queue. A common misconception is that all California counties run identical procedures, but local rules under California Rules of Court 10.613 allow real differences.
Step-by-Step Walkthrough of Every Field on DV-115
The form runs roughly four pages and contains numbered items 1 through 8, plus a signature block and a proof-of-service component. Skipping any required field gives the clerk a reason to reject the filing under California Rules of Court 2.100.
Below is a field-by-field breakdown, with the what, why, how, and consequence for each line. Read this with a printed copy of Form DV-115 in front of you.
Caption Box (Top of Page 1)
The caption box holds the court name, branch address, and case number. You must use the exact court name printed on your DV-130, including the branch. Wrong branch info causes the e-filing system to misroute your case under California Rules of Court 2.253.
The case number must match the original DV order character-for-character. A typo in the case number sends the clerk’s office on a hunt that often ends in rejection. Write your name and contact info clearly; this is where the clerk mails your file-stamped copy.
The consequence of caption errors is days or weeks of delay. A common misconception is that the case number on your TRO is the same as the final order’s case number, and most often it is, but always confirm against the DV-130 you received.
Item 1 – Your Role in the Case
Item 1 asks whether you are the person to be protected or the person in §1, the restrained party. You check exactly one box. This single check shapes the legal standard the judge applies, so do not guess.
If you are filing on behalf of a minor child or a person who cannot file for themselves, you mark the appropriate role and add a note in Item 7. The court will then verify your standing under Family Code §6229.
The consequence of mismarking Item 1 is a denial under the wrong burden of proof. A common misconception is that you can check both boxes if the order is mutual, but mutual orders are rare and still require one filer per form.
Item 2 – Identifying the Order to Change
Item 2 asks for the date the order was issued and the expiration date. You copy these directly from your DV-130. The judge needs both dates to confirm the order is still active and within the statutory term.
You also list the case number again here for cross-reference. Some judges will pull the file by Item 2 dates if the caption is unclear.
The consequence of incorrect dates is a hearing held on a stale order. A common misconception is that the signed date and the issued date differ, but for DV-130 purposes, they are the same.
Item 3 – What You Want Changed
Item 3 is the heart of the form. You check boxes for what you want: end the order entirely, change the order, change the parts about children, or change the parts about property. You may check more than one box if the request fits.
You then list the specific changes in plain language. “Allow peaceful contact for child exchanges every other Friday at 5 p.m. at the Costa Mesa Police Department lobby” reads better than “let us talk about the kids.” Specificity gives the judge a ready-made order to sign.
The consequence of vague Item 3 entries is a judge who denies for lack of clarity, even when the underlying request is reasonable. A common misconception is that you can hand-write “see attached” without filing a Form MC-025 attachment, but the clerk requires the formal attachment.
Item 4 – Why You Want the Change
Item 4 is the declaration. You must explain under penalty of perjury the changed circumstances or good cause supporting your request. Tie each fact to the legal standard from Loeffler and Ritchie.
Strong Item 4 declarations include dates, locations, names, and outcomes. Weak declarations rely on conclusions like “he is better now” or “I do not feel scared anymore.”
The consequence of a weak Item 4 is a denial that the judge will cite if you ever refile. A common misconception is that the court will take live testimony to fix gaps in Item 4, but most judges decide on the papers when the declaration is thin.
Item 5 – Children Affected by the Order
Item 5 lists every child covered by the existing order. You enter each child’s full name, age, and relationship. If the original order names children and your DV-115 omits any, the court treats the omission as a waiver of changes for that child.
You also indicate whether you want to change child-related provisions, such as visitation or stay-away from a school. Coordinate this with any pending custody case under Family Code §3044.
The consequence of leaving Item 5 blank when children are involved is an order that still restrains contact with kids. A common misconception is that family-court custody orders automatically override DV orders, but DV orders control unless modified.
Item 6 – Firearms
Item 6 addresses the firearm prohibition that attaches to every DV order under Penal Code §29825. Restrained parties almost never get firearm restrictions lifted while the order remains in place; federal law under 18 U.S.C. §922(g)(8) keeps the bar even if state law softened.
Protected parties may ask to remove the firearm provision in narrow cases, such as a peace officer’s service weapon exception. The judge has full discretion under Family Code §6389.
The consequence of asking to lift firearm restrictions for the wrong reason is denial and possible referral to law enforcement. A common misconception is that termination of the DV order automatically restores firearm rights immediately, but federal background-check delays often last months.
Item 7 – Other Orders You Want Changed
Item 7 is the catch-all for changes that do not fit Items 3 through 6. Use it for residence exclusion, support, attorney’s fees, or property control issues tied to the original order. Reference the exact item number from the DV-130 you want changed.
If you need more space, attach an MC-025 and label it “Attachment 7.” Keep each request to one paragraph for readability.
The consequence of overloading Item 7 is a confused judge who denies the unclear pieces. A common misconception is that Item 7 can add brand-new restraints on the other party, but only DV-100 starts new restraints.
Item 8 – Number of Pages and Signature
Item 8 asks for the total number of pages, including attachments, and your signature under penalty of perjury. Sign in blue ink if filing in person; use a stylus or typed “/s/” for e-filing under California Rules of Court 2.257.
Date the signature the same day you file or mail. Backdated signatures violate the perjury declaration and can lead to sanctions.
The consequence of an unsigned DV-115 is automatic rejection at intake. A common misconception is that an attorney can sign for the client, but the party must sign DV-115 personally.
Three Common Scenarios With Sample Outcomes
Real cases turn on facts. The three scenarios below show how DV-115 plays out in court.
Scenario 1 – Protected Party Ends Order After Reconciliation
| Filing Move | Court Outcome |
|---|---|
| Maria, the protected party, files DV-115 checking Item 3 “end the order,” explains she and Luis completed couples counseling at the Center for Restorative Justice Works, and asks the judge to terminate. | Judge grants termination after confirming Maria’s decision is voluntary, on the record, and not coerced; the order ends the next business day in CLETS. |
Scenario 2 – Restrained Party Seeks Peaceful Contact for Co-Parenting
| Filing Move | Court Outcome |
|---|---|
| David, the restrained party, files DV-115 asking to modify the no-contact order to allow peaceful contact solely for child exchanges and school events involving his daughter Emma. | Judge grants modification, keeps the stay-away from Sarah’s home, and writes the new terms onto a DV-130 amended order. |
Scenario 3 – Restrained Party Asks for Full Termination Two Years In
| Filing Move | Court Outcome |
|---|---|
| Marcus, the restrained party, files DV-115 with proof of completed 52-week batterer’s intervention program, three years of clean drug tests, and a notarized statement from his sponsor. | Judge denies full termination but agrees to shorten the order by one year, citing Loeffler changed circumstances as partial but not complete. |
Three Named Examples That Show DV-115 in Action
Names below are illustrative, not real court records.
Example 1 – Aisha in Alameda County. Aisha holds a five-year DV order against her ex-boyfriend Trevor. After moving to Oakland and changing jobs, she files DV-115 to expand the stay-away radius from 100 yards to 300 yards around her new workplace. The judge grants the expansion under Family Code §6320 because Aisha showed a clear safety reason and Trevor did not oppose.
Example 2 – Carlos in Fresno County. Carlos is the restrained party. He files DV-115 asking to remove the residence-exclusion clause because the protected party, his sister Elena, moved out of the family home permanently. The judge grants removal of the residence clause but keeps the no-contact and 100-yard stay-away terms, finding partial changed circumstances.
Example 3 – Priya in Santa Clara County. Priya is the protected party in a one-year DV order against her former roommate. With three months left, Priya files DV-115 to end the order early because the restrained party moved to Oregon and signed a written waiver. The judge terminates the order after confirming Priya understands she can refile a fresh DV-100 if circumstances change.
Service Rules After You File
After the clerk file-stamps DV-115, the court sets a hearing within 21 days under California Rules of Court 5.380(c). You must serve the other party with the file-stamped DV-115, the Form DV-120 Response, and any attachments. Service must happen at least 5 court days before the hearing under Code of Civil Procedure §1005.
Service must be by a non-party adult age 18 or older. Use Form DV-200 Proof of Personal Service and file it before the hearing. Sheriffs serve DV papers free under Government Code §26721.
The consequence of bad service is a continuance, sometimes a 30–60 day delay. A common misconception is that mailing DV-115 to the other party counts as service, but personal service is required for restraining-order changes in most cases.
What Happens at the Hearing
The hearing is short, usually 15–30 minutes. Each side speaks, the judge asks questions, and a decision usually issues that day on a DV-130 amended order. Bring three copies of every document.
If the other party fails to appear after proper service, the judge may grant your DV-115 by default. If you fail to appear, the judge will deny your DV-115 and may award attorney’s fees against you under Family Code §271.
The consequence of skipping the hearing is dismissal with prejudice. A common misconception is that you can phone in without prior approval, but most courts require a Form RA-010 remote-appearance request at least 2 court days ahead.
Mistakes to Avoid
Each mistake below comes with the negative outcome it triggers.
- Filing DV-115 in the wrong courthouse, which leads to rejection and lost time, since only the issuing court can change its own orders.
- Leaving Item 4 vague or conclusory, which gives the judge no basis to find changed circumstances under Loeffler.
- Forgetting to serve the other party with at least 5 court days’ notice, which forces a continuance under Code of Civil Procedure §1005.
- Mismarking your role in Item 1, which subjects your filing to the wrong burden of proof and often a denial.
- Asking to lift firearm restrictions while the DV order remains active, which conflicts with federal law under 18 U.S.C. §922(g)(8).
- Skipping Item 5 child entries when children are protected, which leaves child-related restraints untouched even if the judge otherwise modifies the order.
- Backdating the signature on Item 8, which violates the penalty-of-perjury declaration and can support sanctions under CCP §128.7.
- Filing DV-115 after the order has expired, which is a void filing because there is no order left to change.
- Ignoring local county rules on drop-box filing, e-filing, or self-help calendars, which leaves your DV-115 in clerical limbo.
- Confusing DV-115 with DV-116, which is for changes before a noticed hearing on a TRO.
Pros and Cons of Filing DV-115
Pros
- No filing fee under Government Code §70617, which keeps access open for low-income parties.
- Fast hearing window of about 21 days, which beats most other family-law motions.
- Same case number, which keeps your record clean and avoids opening a new file.
- Free sheriff’s service under Government Code §26721, which removes a major cost barrier.
- Direct path to firearm-rights restoration once the order ends, subject to federal review.
Cons
- Public record of the modification, which stays searchable in court indexes for years.
- Personal-service requirement, which forces contact logistics that some parties find stressful.
- Limited scope, because DV-115 cannot add brand-new restraints or revive an expired order.
- Risk of attorney’s fees under Family Code §271 if the judge finds the request frivolous.
- Possible firearm complications, because federal background checks often lag state termination by months.
Dos and Don’ts
Dos
- Do attach evidence to Item 4, such as completion certificates, counseling letters, or medical records, which directly supports changed circumstances.
- Do file in the original issuing court, which is the only court with jurisdiction to change its own DV order.
- Do serve personally with DV-200, which is the only reliable proof of notice.
- Do bring three copies of every document to court, which speeds the judge’s review.
- Do read the Form DV-120 response before the hearing, because it shows you what arguments to expect.
Don’ts
- Don’t file DV-115 to attack the original findings, because that is an appeal and uses different forms.
- Don’t assume mutual agreement guarantees termination, because the judge still applies the Loeffler test.
- Don’t sign for another party, because DV-115 requires the party’s personal signature.
- Don’t mail-serve when personal service is required, because the court will continue the hearing.
- Don’t forget to update your address with the court using Form MC-040, because missed notices can cause default denials.
Key People, Places, and Entities
The Judicial Council of California drafts and revises DV-115; the current revision dates to January 2023. The California Department of Justice maintains the CLETS Domestic Violence Restraining Order System, which logs every modification within 24 hours of the judge’s signature.
Local players matter too. The California Courts Self-Help Guide offers plain-language walk-throughs, and Bay Area Legal Aid plus Legal Aid Foundation of Los Angeles provide free help on DV-115. The California Partnership to End Domestic Violence tracks legislative updates that affect DV-115 every session.
The consequence of ignoring these resources is a steeper learning curve and a higher denial rate. A common misconception is that only attorneys can navigate DV-115, but self-help centers handle thousands of these filings every year.
Recap of Key Court Rulings
Three California decisions shape every DV-115 case. Loeffler v. Medina sets the changed circumstances test for restrained-party termination requests. Ritchie v. Konrad gives the multi-factor framework for renewing or maintaining DV orders, which judges apply by analogy when deciding whether to terminate.
In re Marriage of Fregoso & Hernandez (2016) 5 Cal.App.5th 698 confirms that a protected party may consent to termination, but the trial court keeps independent discretion. Nakamura v. Parker (2007) 156 Cal.App.4th 327 underscores due-process notice rights for the responding party in any DV-115 hearing.
The consequence of ignoring these cases is a generic, unpersuasive declaration. A common misconception is that case law does not affect form filings, but every DV-115 declaration sits inside this case-law framework.
FAQs
Is there a filing fee for Form DV-115 in California?
No. Government Code §70617(a)(4) waives all filing fees for domestic violence forms, including DV-115, in every California superior court regardless of the filer’s income or role in the case.
Can the restrained party file DV-115 to end the order early?
Yes. The restrained party may file DV-115 at any time while the order is active, but must show material changed circumstances under Loeffler v. Medina before the judge will grant termination.
Does DV-115 work for criminal protective orders?
No. Criminal protective orders use Form CR-160 and the criminal court process; DV-115 only changes civil domestic violence restraining orders issued under the Domestic Violence Prevention Act.
Can I file DV-115 after the order expires?
No. Once a DV order expires, there is nothing left to modify; you must instead file Form DV-700 for renewal before expiration or start over with a new DV-100 request.
How quickly does the court schedule a DV-115 hearing?
Yes, fast — California Rules of Court 5.380(c) sets the hearing within roughly 21 days of filing, though local calendars in busy counties can stretch to 30–45 days.
Do I need a lawyer to file DV-115?
No. DV-115 is designed for self-represented filers, and California court self-help centers help thousands of parties complete it every year without paid counsel.
Can both parties agree to end the order with DV-115?
Yes. Mutual agreement helps, but the judge still independently reviews the request, confirms the protected party’s decision is voluntary, and may decline termination if safety concerns appear.
Does ending a DV order restore firearm rights immediately?
No. Federal background checks under 18 U.S.C. §922(g)(8) often delay restoration for months, and any pending criminal protective order or felony conviction continues the firearm bar separately.
Can I use DV-115 to add new people to the order?
No. DV-115 modifies existing restraints; adding new protected persons usually requires a fresh DV-100 request because the original case did not include them.
What happens if the other party does not show up to the hearing?
Yes, your request can still proceed — the judge may grant DV-115 by default after confirming proper personal service through Form DV-200 and finding good cause for the change.
Can children covered by the order request changes themselves?
No. Minors cannot file DV-115 directly; a parent, guardian, or guardian ad litem must file on their behalf under Family Code §6229 and California Rules of Court 5.380.
How long does a DV-115 modification stay on my record?
Yes, it remains on the public court index permanently, but the underlying CLETS entry updates within 24 hours of the judge’s signature and reflects only the current order terms.
Related reading
- How to Fill Out California Form DV-109 (w/Examples) + FAQs
- How to Fill Out California Form DV-110 (w/Examples) + FAQs
- How to Fill Out California Form DV-130 (w/Examples) + FAQs
- How to Fill Out California Form DV-180 (w/Examples) + FAQs
- How to Fill Out California Form DV-250 (w/Examples) + FAQs
- How to Fill Out California Form DV-300 (w/Examples) + FAQs
- How to Fill Out California Form DV-100 (w/Examples) + FAQs