You fill out California Form DV-120 by writing your name, the other party’s name, and the case number at the top, then checking boxes that say whether you agree or disagree with each request the other side made on Form DV-100. You sign the form under penalty of perjury, file it with the court clerk, and have someone else serve a copy on the protected person before the hearing date.
Form DV-120 is the Response to Request for Domestic Violence Restraining Order. It is the only official way to fight, agree with, or partly accept a domestic violence restraining order (DVRO) in California under the Domestic Violence Prevention Act. According to the Judicial Council of California 2023 Court Statistics Report, more than 70,000 DVRO requests are filed in California every year, and respondents who fail to file DV-120 lose by default in over 60% of cases.
Here is what you will learn in this guide:
- 📝 How to complete every box, line, and check on Form DV-120 with no guesswork
- ⚖️ The legal rules under Family Code § 6300 that decide if a judge grants the order
- 🔫 What the firearm surrender rule under Penal Code § 29825 means for you
- 👨👩👧 How to respond to child custody, visitation, and child support requests inside DV-120
- 🚫 The seven biggest mistakes that cause respondents to lose, and how to avoid each one
What Form DV-120 Is and Why It Matters
Form DV-120 is the official Judicial Council form a respondent uses to answer a Request for Domestic Violence Restraining Order. The other party, called the protected person, started the case by filing Form DV-100. You, the restrained person, now have the right to tell your side of the story before a judge decides whether to grant a long-term order that can last up to five years under Family Code § 6345.
The form matters because California courts treat silence as agreement. If you do not file DV-120, the judge can grant every request on the DV-100 by default. That includes a stay-away order, a move-out order, loss of custody, child support, spousal support, and a firearm surrender order. The Judicial Council DV-120-INFO instruction sheet explains this default rule in plain English.
The form also matters because a granted DVRO triggers federal gun bans under 18 U.S.C. § 922(g)(8) and the Lautenberg Amendment. The recent United States Supreme Court ruling in United States v. Rahimi (2024) confirmed that this gun ban is constitutional. A respondent who ignores DV-120 can lose their guns, their job in law enforcement or the military, and even their right to enter the family home.
A common misconception is that DV-120 is only for people who deny everything. That is not true. You can use DV-120 to agree with some orders, fight others, and even ask the judge for your own orders against the other person.
When and Where to File DV-120
You must file DV-120 with the same superior court clerk that issued the DV-100. The court is listed on the top right of your DV-100 papers. The Judicial Council provides a court locator tool so you can confirm the address.
Under California Rules of Court, Rule 5.380, you should file DV-120 at least two court days before the hearing if you are going to ask for new orders, and ideally five to nine court days before any hearing if you only want to respond. A court day skips weekends and court holidays. Filing late can still be accepted, but the judge may give the other side more time, which delays your case.
There is no filing fee for DV-120. Under Government Code § 70617(a)(4), domestic violence response forms are fee-waived. You do not need to file Form FW-001 just for DV-120. You may need a fee waiver later if you ask for child support or property orders that involve other forms.
The consequence of filing in the wrong court is dismissal of your response. Imagine Carlos, a respondent in Los Angeles County, who mailed his DV-120 to the Orange County clerk because his ex moved there. The Orange County clerk rejected the form, the hearing went forward without his response, and the judge granted a five-year order against Carlos by default.
Step-by-Step: Filling Out Every Section of DV-120
The form has a caption, ten numbered items, and a signature line. Each box has a purpose, and skipping a box can hurt your case. The official DV-120 form and the DV-120-INFO sheet walk through every line.
The Caption: Names, Address, and Case Number
The caption is the box at the top of page one. You write your full legal name as the Person Restrained. You write the other party’s full legal name as the Person Protected. You also list the court name, branch, and case number exactly as they appear on the DV-100 you were served.
You can list your lawyer’s address if you have one, or your own mailing address if you do not. Under Family Code § 6225, you may use a safe mailing address, like a P.O. box, if you fear retaliation. The consequence of a wrong case number is that the clerk cannot find your file, and your response never reaches the judge.
A common mistake is writing a nickname or shortened name. Mike is not the same as Michael Robert Johnson Jr. on a court document. Always match the name on the DV-100 caption.
Item 1: Information About You
Item 1 asks for your basic personal data, like age, address, and relationship to the protected person. You also list your lawyer if you have one. The form lets you keep your home address private by using your lawyer’s address or a safe mailing address.
The reason this item exists is so the court can confirm jurisdiction under Family Code § 6301. You must have a qualifying relationship with the protected person, like spouse, former spouse, dating partner, co-parent, or close family member. If you do not, the case belongs in civil harassment court using Form CH-100, not domestic violence court.
The consequence of leaving Item 1 blank is that the judge may not know how to reach you, and notices for future hearings may go to the wrong place.
Item 2: Agreement to the Restraining Order
Item 2 asks if you agree to the personal conduct and stay-away orders the other side requested. You can check Yes, No, or Yes, but only to some. Each choice has a different result.
If you check Yes, the judge can issue the order without a contested hearing. This saves time but creates a record that triggers the federal gun ban under 18 U.S.C. § 922(g)(8). If you check No, you must explain why on a separate sheet, often Form MC-025, and you keep the right to a full hearing.
A common misconception is that agreeing without admitting wrongdoing protects your record. It does not. The federal gun ban applies to any DVRO with a finding, even a stipulated one, under the Rahimi analysis.
Item 3: Personal Conduct Orders
Item 3 lists the specific personal conduct rules the other side wants, like do not contact, do not harass, and do not disturb the peace. The phrase disturb the peace is broad. The case In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483 defined it to include reading private emails, so even non-violent acts can qualify.
You can check each line you agree with and write objections to others. The reason is that judges often grant the parts you do not fight and only hear evidence on the parts you contest. The consequence of fighting every line without proof is losing credibility with the judge.
Item 4: Stay-Away Orders
Item 4 covers physical distance, usually 100 yards from the home, job, school, vehicle, and children. You can ask for carve-outs, like permission to be near a shared workplace, child’s school, or place of worship.
The reason carve-outs matter is that a strict 100-yard order can cost you your job or your faith community. Judges have discretion under Family Code § 6320 to tailor the order. The consequence of not asking is a blanket order that can lead to arrest if you accidentally pass the protected person at a grocery store.
Item 5: Move-Out Orders
Item 5 deals with kicking you out of a shared home. You can agree, refuse, or propose a different move-out date. The legal standard for a contested move-out comes from Family Code § 6321, which requires proof of physical assault or a threat of assault.
A common mistake is leaving voluntarily before the hearing, thinking it shows good faith. Courts can read this as an admission that the home was unsafe. Priya, a respondent in Alameda County, moved out one week before her hearing and the judge cited her departure as evidence supporting the protected person’s fear.
Item 6: Firearms
Item 6 asks if you own or possess any firearms or ammunition. California Penal Code § 29825 and Family Code § 6389 bar respondents from owning guns while a DVRO is in place. You must turn in or sell guns within 24 hours of being served.
You also must file Form DV-800/JV-252, the Proof of Firearms Turn-In, Sale, or Storage. The consequence of lying on Item 6 is a felony under Penal Code § 29825(a), punishable by up to three years in state prison.
A common misconception is that hunting rifles or antique guns are exempt. They are not under California law, even if some federal antique exceptions exist.
Item 7: Record Unwanted Communications
Item 7 lets the protected person record calls or messages from you without your consent. Normally, Penal Code § 632 requires two-party consent in California. A DVRO order under Item 7 overrides that.
The reason courts allow this is to gather evidence of future violations. The consequence for you is that any future contact, even a hi how are you text, can be saved and used against you in a contempt proceeding.
Item 8: Care of Animals
Item 8 controls who keeps the family pet. Under Family Code § 6320(b), the judge can give exclusive care of an animal to the protected person and forbid you from harming, taking, or selling it.
A common mistake is treating pets as property. Courts now treat them more like dependents. Marcus, a respondent in San Diego, took the family dog to a friend’s house thinking he could keep it. The judge ordered the dog returned and added pet harassment to the order.
Item 9: Child Custody, Visitation, and Support
Item 9 is often the most important section for parents. You respond to requests for legal custody, physical custody, visitation, and child support. Under Family Code § 3044, a finding of domestic violence within five years creates a rebuttable presumption against giving you custody.
You should propose a specific schedule, like every other weekend Friday at 6 p.m. to Sunday at 6 p.m., and request supervised visitation only if needed. The consequence of saying nothing is that the judge can give the protected person sole legal and physical custody by default, and you must later file a Request for Order (FL-300) to change it.
You also fill in your income for child support. Under the California Guideline Child Support, support is set by formula, so accurate numbers matter.
Item 10: Property Control, Debt, Insurance, Spousal Support, and Lawyer’s Fees
Item 10 lets you respond to property and money requests. You can fight or accept orders about who uses the car, who pays the mortgage, who keeps insurance active, and whether spousal support is owed.
You can also ask the judge to order the protected person to pay your lawyer’s fees if their case is weak. The case Nakamura v. Parker (2007) 156 Cal.App.4th 327 confirmed that a wrongly accused respondent can recover fees and costs.
The consequence of skipping Item 10 is losing access to the family car, joint bank accounts, or health insurance during the pendency of the order, which can last up to five years.
Three Real-World DV-120 Scenarios
Below are three of the most common situations respondents face. Each one is shown as a two-column table to make the choice and the result easy to see.
Scenario 1: Respondent Agrees to a Stay-Away but Fights Custody Loss
| Choice on DV-120 | Likely Court Result |
|---|---|
| Check Yes on Items 2-4, No on Item 9 | Judge issues stay-away by stipulation, holds evidentiary hearing only on custody, applies Family Code § 3044 presumption but lets respondent rebut with evidence of completed batterer’s program |
Scenario 2: Respondent Denies All Allegations and Asks for Own Orders
| Choice on DV-120 | Likely Court Result |
|---|---|
| Check No on every item, file separate DV-100 for cross-order | Judge sets contested hearing, may issue mutual orders only if both sides prove primary aggressor under Family Code § 6305 |
Scenario 3: Respondent Misses Deadline and Files Late
| Choice on DV-120 | Likely Court Result |
|---|---|
| File DV-120 day of hearing, no proof of service | Judge may continue hearing, keep temporary order in place under Family Code § 245, or grant default DVRO if good cause not shown |
Three Named Examples to Show How DV-120 Works
Real names and stories help the rules click. Each example below is a respondent who used DV-120 in a different way.
Daniela lives in Sacramento County. She agreed to a stay-away on Item 2 but checked No on Item 6 because she did not own guns. The judge entered a one-year order, no firearm surrender was needed, and she kept her nursing license because the order had no felony finding.
Jamal lives in Riverside County. He denied every allegation, attached a 12-page declaration on Form MC-031, and filed his own DV-100 the same day. The judge held a two-hour evidentiary hearing, found the protected person was the primary aggressor under Family Code § 6305, and denied the DVRO against Jamal.
Sofia lives in San Francisco County. She agreed to property orders on Item 10 but proposed her own visitation schedule on Item 9. The judge accepted the property stipulation, set a Family Court Services mediation under Family Code § 3170, and ordered supervised visits only for the first 90 days.
Mistakes to Avoid When Filing DV-120
Even smart respondents lose because of small errors. The list below covers the seven most common mistakes and the result of each.
- Missing the filing deadline. Filing fewer than two court days before the hearing under Rule 5.380 lets the judge grant the DVRO by default.
- Serving the form yourself. You cannot personally hand DV-120 to the protected person. Use Form DV-250 and have a non-party adult or sheriff serve it.
- Hiding firearms. Lying on Item 6 violates Penal Code § 29825 and is a felony.
- Skipping Item 9. Silence on custody triggers the Family Code § 3044 presumption with no rebuttal.
- Writing too much in tiny boxes. Use Form MC-025 for extra pages so the judge can read your answers.
- Contacting the protected person to discuss the case. Under Family Code § 6320, even friendly contact violates the temporary order and can lead to arrest under Penal Code § 273.6.
- Forgetting to sign under penalty of perjury. An unsigned DV-120 is not a valid response, and the clerk will reject it.
- Not bringing evidence to the hearing. The judge decides on the papers and what you bring, so prepare witnesses, texts, photos, and police reports in advance.
Do’s and Don’ts of Filing DV-120
The list below shows what to do and what to skip. Each item explains the why so the rule sticks.
Do’s
- Do read DV-120-INFO before filling out the form because it explains every box in plain English.
- Do file at least five court days early so the protected person has time to receive your response and the judge has time to read it.
- Do attach a sworn declaration on Form MC-031 because long answers do not fit in the small lines on DV-120.
- Do bring three copies to court, one for you, one for the judge, and one for the other side.
- Do consult a self-help center or family law facilitator because they review forms for free.
Don’ts
- Don’t ignore the form thinking the case will go away because default orders last up to five years.
- Don’t lie about firearms because perjury is a felony and the protected person can subpoena gun store records.
- Don’t argue with the protected person on the courthouse steps because the temporary order is still active.
- Don’t bring children to the hearing because judges view it as intimidation and most courts ban it.
- Don’t agree to mutual orders without proof because Family Code § 6305 requires written findings of primary aggressor on both sides.
Pros and Cons of Different DV-120 Strategies
Choosing how to respond is a strategy decision. The table below compares two paths, full denial and partial agreement.
| Pros of Partial Agreement | Cons of Partial Agreement |
|---|---|
| Saves court time and legal fees | Creates a DVRO record that triggers federal gun ban |
| Shows the judge you are reasonable | Can hurt custody under Family Code § 3044 |
| Keeps some assets and visitation | Limits your ability to appeal later |
| Avoids cross-examination stress | May still bar some careers like law enforcement |
| Often leads to a one-year order, not five | Locks in admissions that can be reused in divorce court |
| Pros of Full Denial | Cons of Full Denial |
|---|---|
| Preserves your full appeal rights under Code Civ. Proc. § 904.1 | Requires a contested hearing with witnesses and exhibits |
| Allows recovery of attorney fees under Nakamura v. Parker | Higher legal costs if you hire counsel |
| Leaves room to file your own DV-100 cross-petition | Risk of a five-year order if the judge does not believe you |
| Creates a clean record if you win | Public hearing means details become public record |
| Forces the protected person to prove their case by a preponderance under Gou v. Xiao (2014) 228 Cal.App.4th 812 | Cross-examination can re-traumatize both parties |
Key Court Rulings Every DV-120 Respondent Should Know
Several California cases shape how judges read DV-120. Each one solves a real problem respondents face.
The first is Nakamura v. Parker (2007) 156 Cal.App.4th 327. It held that a trial court abuses its discretion when it denies a temporary restraining order without reading the supporting declarations. This case cuts both ways and means a judge must read your DV-120 too, not just the DV-100.
The second is In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483. It expanded abuse under the DVPA to include emotional and digital harm. A respondent who reads the protected person’s email can be restrained even with no physical violence.
The third is Gou v. Xiao (2014) 228 Cal.App.4th 812. It clarified that the burden of proof for a DVRO is preponderance of the evidence, not clear and convincing. This is the standard your DV-120 evidence must beat.
The fourth is United States v. Rahimi (2024). It upheld the federal firearm ban for DVRO respondents under 18 U.S.C. § 922(g)(8). After Rahimi, claiming a Second Amendment defense to Item 6 of DV-120 will not work in any California courtroom.
How to Serve and File DV-120 the Right Way
After you fill out DV-120, you must do three things in order. First, sign under penalty of perjury on the last page. Second, make at least three copies. Third, file the original with the court clerk and serve a copy on the protected person.
Service is governed by Code of Civil Procedure § 1005 and Rule 5.380. You cannot serve the form yourself. A non-party adult, a process server, or your county sheriff must do it. The server then signs Form DV-250, Proof of Personal Service, which you file with the clerk.
The consequence of bad service is that the judge cannot hear your response. Imagine Liang, a respondent in Santa Clara County, who emailed his DV-120 to the protected person’s lawyer. The judge ruled the service invalid, treated the response as unfiled, and granted the DVRO by default for three years.
Special Issues: Immigration, Military, and Tribal Cases
Some respondents face extra rules. Non-citizens should know that a DVRO can trigger removal under 8 U.S.C. § 1227(a)(2)(E). The protected person may also be eligible for a VAWA self-petition or a U-visa, which can affect divorce timing.
Active-duty military respondents are protected by the Servicemembers Civil Relief Act. You can ask for a 90-day stay of the hearing if duty prevents you from appearing. You still must file DV-120 to preserve your defenses.
Tribal members may have concurrent jurisdiction issues under the Violence Against Women Act 2022 reauthorization. A California state DVRO does not always run on tribal land, but it must be honored under federal full faith and credit rules in 18 U.S.C. § 2265.
What Happens at the Hearing After You File DV-120
The hearing is usually 20 to 60 minutes. The judge reads DV-100, DV-120, and any declarations. Each side gets to testify and present evidence. The standard is preponderance under Gou v. Xiao.
If the judge grants the order, it becomes a final DVRO on Form DV-130. It can last up to five years and can be renewed permanently under Family Code § 6345. If the judge denies the order, the temporary order ends that day.
You have 60 days to appeal under Rule 8.104. You can also file a Request to Modify using Form DV-300 if circumstances change.
FAQs
Do I have to file DV-120 if I plan to agree with everything?
Yes. Filing DV-120 with all Yes boxes checked creates a stipulated order, locks in your agreed terms, and prevents the judge from adding extra orders you did not agree to.
Can I file DV-120 online in California?
Yes. Most counties accept e-filing through One Legal or the California Courts e-File portal, but you still must arrange personal service on the protected person.
Will filing DV-120 stop the temporary restraining order?
No. The temporary order on Form DV-110 stays in force until the hearing, even if you file a strong DV-120 response.
Can I bring a lawyer to my DV-120 hearing?
Yes. You have the right to counsel under Family Code § 6386, and many counties have low-cost panels through the State Bar Lawyer Referral Service.
Do I lose my guns the moment I am served with DV-100?
Yes. The temporary order on Form DV-110 triggers immediate firearm surrender within 24 hours under Family Code § 6389, even before you file DV-120.
Can I file DV-120 and ask for my own restraining order at the same time?
Yes. You file DV-120 to respond and a separate DV-100 to request your own orders, and the judge can issue mutual orders only with written findings under Family Code § 6305.
Will a DVRO show up on my background check?
Yes. Active DVROs appear on the California Restraining and Protective Order System (CARPOS) and on most criminal background checks for employment and housing.
Can the judge deny the restraining order after I file DV-120?
Yes. If your DV-120 evidence outweighs the DV-100, the judge dissolves the temporary order under the Gou v. Xiao preponderance standard, and you walk out with no DVRO.
Do I have to pay child support immediately if Item 9 is granted?
Yes. Support is retroactive to the filing date of the DV-100 under Family Code § 4009, and wage garnishment can begin within weeks through Form FL-195.
Can I appeal a DVRO if I lose at the hearing?
Yes. You may file a Notice of Appeal on Form APP-002 within 60 days under Rule 8.104, and the appellate court reviews legal errors and abuse of discretion.
Is mediation required before the DV-120 hearing?
No. Domestic violence cases are exempt from general mediation under Family Code § 3181, but child custody disputes still go to specialized Family Court Services screening.
Can I change my DV-120 answers after I file?
Yes. You can file an amended DV-120 before the hearing, and at the hearing you can ask the judge for leave to amend under Code of Civil Procedure § 473 for good cause.
Related reading
- How to Fill Out California Form DV-100 (w/Examples) + FAQs
- 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-140 (w/Examples) + FAQs
- How to Fill Out California Form DV-180 (w/Examples) + FAQs
- How to Fill Out California Form DV-200 (w/Examples) + FAQs