California Form DV-130 is the Restraining Order After Hearing (Order of Protection) issued by a judge after a domestic violence hearing, and you fill it out by completing the caption with court and party information, checking every box that matches the orders the judge granted at the hearing, attaching any required additional forms like DV-140 for child custody or DV-145 for visitation, and submitting it to the clerk for the judge’s signature so it can be entered into the statewide CLETS database. The form turns a temporary order into a long-term shield that can last up to five years and be renewed permanently under Family Code §6345.
In California, the Judicial Council reports that courts process more than 160,000 domestic violence restraining order requests each year, and roughly half result in an after-hearing order on Form DV-130. Filling the form out wrong delays protection, weakens enforcement, and can even invalidate parts of the order, so accuracy matters from the very first line.
Here is what you will learn in this guide:
- 📝 How to complete every numbered item on DV-130 line by line
- ⚖️ Which California statutes and cases (like Nakamura v. Parker) shape each box you check
- 🔫 How firearms, ammunition, and body armor surrender works under Penal Code §29825
- 👨👩👧 How custody, visitation, support, and move-out orders attach to DV-130
- 🚫 The seven biggest mistakes self-represented filers make and how to avoid each one
What Form DV-130 Is and Why It Exists
Form DV-130 is the formal written order a California judge signs after holding a noticed hearing on a domestic violence restraining order request. It is the document that converts a short-term DV-110 Temporary Restraining Order into a long-term protective order under the Domestic Violence Prevention Act (DVPA), codified at Family Code sections 6200 through 6460.
The DVPA exists because California recognized that intimate-partner abuse is different from ordinary civil disputes. The legislature created a special, fast-track procedure with broad judicial powers, and DV-130 is the written embodiment of those powers. The plain-English meaning of the statute is simple: a judge can stop one person from contacting, approaching, or harming another, and can also adjust custody, support, property, and firearms rights, all in one order.
The consequence of ignoring or misusing DV-130 is severe. A violation is a criminal offense under Penal Code §273.6, punishable by up to one year in county jail and a $1,000 fine for a first offense, and a felony if injury results. A real-world example helps: when Carlos in Fresno texted his ex-wife “I miss you” after a DV-130 was issued, he was arrested the next morning because the no-contact box on item 6 had been checked.
A common misconception is that DV-130 is just paperwork the petitioner fills out alone. The form is actually a court order; the petitioner prepares it for the judge, but only the judge signs and issues it on the bench or shortly after the hearing.
Who Can File and Who Is Protected
The DVPA covers a defined list of relationships. The protected person and the restrained person must share one of the qualifying connections in Family Code §6211: spouses, former spouses, registered domestic partners, cohabitants, people who have a child together, people in a dating relationship, or close blood relatives within the second degree.
The plain-English version is that DV-130 is for people who are or were romantically or domestically connected. If your dispute is with a stranger, neighbor, or coworker who is not in one of those categories, you must instead file a Civil Harassment Restraining Order on Form CH-100 or a Workplace Violence Restraining Order on Form WV-100.
The consequence of filing under the wrong statute is dismissal and lost time. Renee in Sacramento filed a DVPA case against a coworker who had never been her partner; the judge dismissed her DV-100 request, and by the time she refiled under the correct civil harassment statute, three weeks of unprotected time had passed.
A common misconception is that “dating relationship” means anyone you went on a date with. The Court of Appeal in Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140 clarified that it requires “frequent, intimate associations primarily characterized by the expectation of affection,” not casual or one-time encounters.
Where DV-130 Fits in the Restraining Order Lifecycle
Before you fill out DV-130, you should understand the full sequence of forms. The case begins with the petitioner filing a DV-100 Request for Domestic Violence Restraining Order, often along with a DV-109 Notice of Court Hearing, and frequently a DV-110 Temporary Restraining Order granted ex parte the same day.
The respondent is then served and may file a DV-120 Response to Request for Domestic Violence Restraining Order. At the noticed hearing, usually within 21 to 25 days under Family Code §242, the judge takes evidence, hears testimony, and decides whether to issue a long-term order on DV-130.
Once signed, DV-130 is entered into CLETS by the clerk, served on the respondent if the respondent was not present, and remains enforceable across all 50 states under the federal Violence Against Women Act full faith and credit provision. The respondent must then file DV-800 Proof of Firearms Turned In, Sold, or Stored within 48 hours, and the petitioner can later renew the order using DV-700 Request to Renew Restraining Order.
A real example: Aisha in Oakland filed a DV-100, got a DV-110 the same afternoon, attended the hearing 22 days later, and walked out with a five-year DV-130 plus a DV-140 Child Custody and Visitation Order attached. A common misconception is that the temporary order automatically becomes permanent; it does not, and if you miss the hearing, the temporary order expires and protection ends.
The Caption Block: Items at the Top of DV-130
Every Judicial Council form starts with a caption, and DV-130 is no exception. The caption tells the court system which case the order belongs to, who the parties are, and where the order will be filed.
The top-left box requires the protected person’s name, or their attorney’s name and State Bar number, along with mailing address and contact information. If you are afraid the restrained person will see your address, you may use a safe mailing address through the Safe at Home program administered by the Secretary of State.
The top-right box is reserved for the clerk’s “Filed” stamp and is left blank by you. Below the captions, you fill in the Superior Court of California, County of ____, the court street address, the case number assigned at filing, and the names of the Protected Person and Restrained Person exactly as they appear on the original DV-100. Inconsistency in name spelling between forms is one of the most common reasons CLETS entries fail and officers cannot enforce the order on the street.
A common misconception is that minor name variants do not matter. The Department of Justice CLETS manual treats “Maria Lopez” and “Maria L. Lopez” as different identities, so consistency is essential.
Line-by-Line Walkthrough of DV-130
The current Judicial Council revision of DV-130, effective January 1, 2025, contains numbered items 1 through 26 plus a clerk’s certificate page. Each item maps to a specific judicial finding or order. The instructions below mirror the official DV-130-INFO sheet.
Item 1: Protected People
Item 1 lists every person protected by the order, starting with the original petitioner and adding household members, children, and other relatives. You check the boxes next to each protected person and write each full legal name. If a child is protected, you must also list the child’s age.
The plain-English purpose is to tell every police officer who runs the order which humans they are protecting. The consequence of leaving someone off is that an officer in the field cannot arrest the restrained person for contacting that person, even if the judge meant to include them.
A real-world example: Tina in Riverside forgot to list her 7-year-old son on item 1. When the restrained ex-boyfriend appeared at her son’s school, the school resource officer could not act because the child was not a named protected person. A common misconception is that “household members” are automatically included; they are not, and each must be individually named.
Item 2: Restrained Person
Item 2 captures the full legal name, date of birth, sex, height, weight, hair color, eye color, race, age, and home address of the restrained person. These descriptors are not optional cosmetics; they are required CLETS data fields under the California DOJ CLETS Policies, Practices and Procedures.
The reason these fields exist is officer safety and accurate identification. Two people can share a name, but adding date of birth and physical descriptors lets an officer at a traffic stop verify they have the right person. The consequence of leaving these blank is that CLETS rejects the entry and the order is not enforceable in real time.
A common misconception is that you can skip fields you do not know. You should instead write unknown in the box; that flags the data gap for the clerk and lets the order still be entered.
Item 3: Additional Protected Persons
Item 3 expands the protective net to relatives or household members who share a “close relationship” with the protected person, as recognized in Phillips v. Campbell (2016) 2 Cal.App.5th 844. The judge must make a specific finding of good cause to include each additional person.
The plain-English meaning is that grandparents, siblings, new partners, or roommates can be protected if the abuser has threatened them too. The consequence of failing to ask for this protection at the hearing is that you cannot add them later without filing a new request.
For example, Devon in San Jose asked the judge to add his new girlfriend to item 3 because the restrained ex-wife had threatened her on Instagram; the judge agreed and the girlfriend was protected for the full five years. A common misconception is that adding people requires their consent; it does not, but their information must be accurate.
Item 4: Expiration Date
Item 4 sets the expiration date of the order. Under Family Code §6345, the maximum initial duration is five years from the date of issuance, and the order may be renewed permanently without a new showing of abuse, as the Court of Appeal held in Ritchie v. Konrad (2004) 115 Cal.App.4th 1275.
The plain-English meaning is that you should always ask for the full five years; there is no benefit to asking for less. The consequence of accepting a shorter term is that you must refile and re-prove your case sooner, exposing yourself to cross-examination and renewed contact.
A real-world example: Nora in Long Beach accepted a one-year order to “be reasonable,” only to need a renewal that her ex contested aggressively. A common misconception is that judges always grant five years automatically; they do not, and you must specifically request the maximum on the record.
Item 5: Personal Conduct Orders
Item 5 lists the prohibited behaviors. You check boxes telling the restrained person not to harass, attack, strike, threaten, assault, hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, impersonate, or block movement of the protected people. The phrase disturb the peace was defined by In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483 to include destroying mental or emotional calm, even by reading private emails.
The consequence of failing to check a relevant box is that the conduct is not prohibited and police cannot act on it. Hank in Bakersfield did not check “surveillance,” and his restrained ex installed a Tile tracker on his car; police told him there was no order to enforce.
A common misconception is that “any abuse” is automatically covered; it is not, and each category must be affirmatively checked.
Item 6: Contact Orders
Item 6 controls direct and indirect contact. You can choose “no contact at all” or “peaceful contact only” for limited purposes such as exchanging children for court-ordered visitation. The form also lets you check exceptions for brief, peaceful written contact through a co-parenting app like OurFamilyWizard.
The plain-English distinction matters. No contact means zero, including texts, DMs, third-party messages, and likes on social media. Peaceful contact allows narrow, specified communications. The consequence of choosing the wrong option can be a dismissed criminal contempt case if the contact was technically allowed.
A common misconception is that blocking the restrained person on a phone solves contact issues. It does not, because the order travels with the restrained person regardless of who initiates the message.
Item 7: Stay-Away Orders
Item 7 sets a physical distance, usually 100 yards, from the protected person, the protected person’s home, job, school, vehicle, and the children’s schools or daycare. The judge can change the distance based on the facts, and shorter distances are common in shared-workplace cases.
The consequence of an over-broad stay-away is reversal on appeal, as the court warned in In re Bryant R. (2003) 112 Cal.App.4th 1230. The consequence of an under-broad stay-away is that the abuser can lawfully sit in a coffee shop across the street from your office.
A real example: Priya in San Diego asked for a 100-yard stay-away from her gym; her ex started using the same gym and stood 101 yards away in the parking lot. A common misconception is that distance is measured “as the crow flies”; it is, and you should plan accordingly.
Item 8: Move-Out Order
Item 8 is the kick-out order under Family Code §6321. The judge can order the restrained person to immediately move out of a shared residence even if their name is on the lease or deed, provided the petitioner has a right to possession and physical or emotional harm would otherwise occur.
The plain-English meaning is that property rights yield to safety. The consequence of failing to ask for a move-out is that the restrained person can return home and you must leave instead. Eli in West Hollywood did not check item 8 because his name was not on the lease, but the judge granted it anyway under §6321 once asked.
A common misconception is that the petitioner must own the home to get a move-out; possession, not title, is what matters.
Item 9: Firearms and Ammunition
Item 9 is the federal and state firearms restriction. Under 18 U.S.C. §922(g)(8) and Penal Code §29825, a person subject to a DV-130 may not own, possess, purchase, receive, or attempt to purchase or receive any firearm or ammunition. The U.S. Supreme Court upheld this rule in United States v. Rahimi (2024) 602 U.S. ___.
The plain-English meaning is that the restrained person must surrender, sell, or store all guns within 24 hours and file a DV-800 Proof within 48 hours. The consequence of refusing is a separate criminal charge under Penal Code §29825 carrying up to three years in state prison.
A real example: Marcus in Orange County did not turn in his hunting rifle; a probation search found it, and he was charged with a felony. A common misconception is that antiques or family heirlooms are exempt; they are not.
Item 10: Vehicle Records
Item 10 lets the judge order the DMV to keep the protected person’s address confidential, complementing the Safe at Home program. This box is easy to overlook but vital if the restrained person has a habit of running plate searches.
The consequence of skipping it is that the abuser can locate the new address through a paid lookup service. Lola in Santa Ana skipped this box and her ex found her new apartment within a week through a vehicle registration trace.
A common misconception is that DMV records are already private; they are not, and confidentiality requires this affirmative order.
Item 11: Record Unlawful Communications
Item 11 authorizes the protected person to record any communication that violates the order, overriding California’s two-party consent rule under Penal Code §632. Without this box checked, secretly recording the abuser is itself a crime.
The plain-English consequence is huge: with item 11 checked, the petitioner can press record on a voicemail and use it as evidence; without it, the recording is suppressed and the petitioner could face charges. A common misconception is that this is automatic; it is not, and judges only check it when expressly requested.
Items 12-17: Care of Animals, Property, Debt, and Insurance
Items 12 through 17 cover practical life issues. Item 12 grants exclusive care, possession, and control of pets under Family Code §6320(b), which the legislature added after recognizing that abusers often hurt pets to control partners.
Item 13 addresses property control of personal items like phones, computers, and keys. Item 14 covers property restraint, freezing transfers of community assets. Item 15 handles debts and bills, telling who pays what during the order. Items 16 and 17 protect insurance coverage, preventing the restrained person from canceling health, auto, home, or life policies.
The consequence of skipping these is financial chaos. Jada in Vallejo did not check item 16 and her abusive husband canceled her health insurance the day after the hearing, leaving her uninsured for a chronic condition.
Items 18-20: Child Custody, Visitation, and Support
Items 18 through 20 trigger attached forms. Item 18 says child custody and visitation are ordered as set out on attached DV-140 and, if needed, DV-145 for supervised visitation. Item 19 orders child support on FL-342 terms. Item 20 orders spousal or partner support on FL-343 terms.
The plain-English meaning is that DV-130 is the master order and these attached forms are its limbs. The consequence of forgetting to attach them is that the orders inside DV-130 reference documents that do not exist, and a clerk may reject the package.
Family Code §3044 creates a rebuttable presumption against awarding sole or joint custody to a perpetrator of domestic violence within the past five years. Sergio in Modesto, who had a prior DV finding, lost joint custody under §3044 even though he was a loving father, because he could not rebut the presumption with the required showing.
Items 21-22: Property Restraint and Move-Out Reaffirmed
Items 21 and 22 reaffirm property restraints and move-out orders if not fully captured earlier. They also let the judge order the sheriff or police to keep the peace during a one-time move-out so the restrained person can retrieve clothes and tools.
The consequence of skipping a keep-the-peace order is a violent confrontation during pickup. Brian in Stockton tried to retrieve tools without a keep-the-peace order and ended up arrested for trespass after a verbal fight.
Items 23-24: Batterer Intervention and Other Orders
Item 23 orders the restrained person to attend a 52-week batterer intervention program certified under Penal Code §1203.097. Item 24 is a catch-all for “other orders,” including counseling, drug testing, and reimbursement of out-of-pocket losses under Family Code §6342.
The plain-English meaning is rehabilitation plus restitution. The consequence of failing to enroll within 30 days is contempt and possible jail time. A common misconception is that anger management classes count; they do not, and only certified BIP programs satisfy item 23.
Items 25-26: No Fee to Serve and Attorney Fees
Item 25 directs the local sheriff to serve the order on the restrained person without charging a fee, as required by Government Code §6103.2. Item 26 awards attorney fees and costs under Family Code §6344, which the 2023 amendment made nearly automatic for prevailing petitioners with a financial need.
The consequence of skipping fees is leaving thousands of dollars on the table. Whitney in Pasadena won her DV-130 and recovered $14,500 in attorney fees because her counsel checked item 26 and submitted a MC-010 memorandum of costs.
Three Most Common DV-130 Scenarios
The same form fits very different real-life situations. The three patterns below appear in every California family courthouse and show how the same boxes mean different things in context.
Scenario Table 1: Co-Parenting With a History of Abuse
| Decision Point | Practical Outcome |
|---|---|
| Item 6 set to peaceful contact only for child exchanges | Parent can text about pickup without violating the order |
| Item 18 with attached DV-140 awarding sole legal custody to petitioner | §3044 presumption applied, restrained parent gets supervised visits only |
| Item 23 ordering 52-week BIP | Successful completion can support a future motion to modify custody |
| Item 9 firearms surrender within 24 hours | Restrained parent loses concealed carry permit during order |
| Item 26 attorney fees of $8,000 awarded | Petitioner can afford counsel for upcoming custody review hearing |
Scenario Table 2: Recent Cohabitants With No Children
| Decision Point | Practical Outcome |
|---|---|
| Item 8 move-out from shared apartment | Restrained person leaves within 24 hours under sheriff supervision |
| Item 7 stay-away of 100 yards from protected person’s job | Restrained person cannot return to shared workplace neighborhood |
| Item 12 awards pet (a rescue dog) to petitioner | Restrained person cannot demand the dog as community property |
| Item 14 freezes joint bank account | Neither party can drain funds before civil division |
| Item 4 set to maximum five years | Order remains enforceable until 2031 absent renewal |
Scenario Table 3: Dating Relationship Ended via Stalking
| Decision Point | Practical Outcome |
|---|---|
| Item 5 includes surveillance, stalking, and impersonation | Covers Tile trackers, fake social profiles, and drive-bys |
| Item 11 authorizes recording unlawful communications | Voicemails and DMs become admissible evidence |
| Item 10 keeps DMV record confidential | Restrained person cannot trace new address through plate runs |
| Item 7 stay-away from gym, church, and mother’s home | Three specific locations entered into CLETS |
| Item 24 orders return of digital accounts and passwords | Restrained person must release Apple ID and Netflix login |
Three Named Examples of Filing DV-130 Correctly
Concrete cases make the form come alive, and the three below illustrate end-to-end correct execution.
Example 1: Maria in Los Angeles
Maria fled a 12-year marriage with two children. She filed DV-100, got a DV-110 the same day, and at her hearing 23 days later, the judge granted a five-year DV-130. She listed both children on item 1, attached DV-140 granting her sole legal and physical custody, attached DV-145 for supervised visitation through Hannah’s House, and checked items 9, 11, 12, 16, 23, 25, and 26.
Maria’s order is now in CLETS, her ex completed a BIP under Penal Code §1203.097, and her $11,000 attorney fee award was paid in installments. The lesson is that a thorough item-by-item review at the hearing produces an enforceable, comprehensive order.
Example 2: Jamal in San Diego
Jamal obtained a DV-130 against an abusive male partner. He used the LGBTQ-inclusive language on the form, listed his roommate on item 3 as an additional protected person, and attached a DV-140 giving him exclusive use of the shared dog under item 12. He also checked item 10 to keep his DMV address confidential through Safe at Home.
When his ex appeared near his work three months later, San Diego PD arrested the ex on the spot because the order was already in CLETS with a 100-yard stay-away from the workplace. The lesson is that DV-130 protects all qualifying intimate-partner relationships equally, and small boxes like item 10 make a real difference.
Example 3: Priya in Sacramento
Priya was stalked by a former boyfriend after a six-month dating relationship. She qualified under Burquet because the relationship featured frequent intimate associations. She listed gym, church, and her mother’s home on item 7, checked item 11 to record his voicemails, and asked for item 24 to compel return of her iCloud password.
Her ex violated the order by leaving a note on her car; because she had checked item 5’s surveillance box, the Sacramento Sheriff charged him under Penal Code §273.6. The lesson is that detailed, location-specific stay-aways and recording authority turn a paper order into a real shield.
Mistakes to Avoid When Filling Out DV-130
Self-represented filers consistently make the same errors. Each one below has a direct negative outcome that you can prevent with one careful pass through the form.
- Forgetting to check item 9 firearms surrender — the abuser keeps guns and the order loses its strongest deterrent.
- Inconsistent name spellings between DV-100 and DV-130 — CLETS rejects the entry and police cannot enforce the order in real time.
- Skipping item 11 recording authority — your secretly recorded evidence becomes inadmissible and you risk Penal Code §632 charges.
- Asking for less than five years on item 4 — you must refile and re-prove abuse sooner, exposing yourself to retraumatizing cross-examination.
- Failing to attach DV-140 when item 18 is checked — the custody order references a non-existent attachment and the clerk may reject the package.
- Leaving item 26 attorney fees blank — you forfeit thousands of dollars that Family Code §6344 almost guarantees prevailing petitioners.
- Not listing children on item 1 — officers cannot protect them in the field even if the judge intended to include them.
- Choosing peaceful contact when no contact is safer — small “okay” texts spiral into manipulation and undermine criminal enforcement.
- Skipping item 10 DMV confidentiality — the abuser can locate your new home through a paid plate trace within days.
- Forgetting item 23 batterer intervention program — you lose a powerful rehabilitation lever and a future custody evidence point.
Do’s and Don’ts for DV-130
Smart preparation beats last-minute scrambling. The list below distills hundreds of hearings into a practical playbook.
- Do bring three copies of every form to the hearing, because the judge, the clerk, and you each need one and courts rarely have copy machines available.
- Do request the maximum five-year duration, because Family Code §6345 authorizes it and shorter terms only force you back to court sooner.
- Do attach DV-140, DV-145, FL-342, and FL-343 whenever items 18, 19, or 20 are checked, because unattached references confuse the clerk and law enforcement.
- Do confirm CLETS entry by calling the clerk 48 hours after the hearing, because errors at entry are easier to fix immediately than months later.
- Do keep a certified copy on your person, because police in some jurisdictions still ask to see the paper order before making an arrest.
- Don’t sign a “mutual” restraining order without §6305 findings, because Family Code §6305 requires detailed written findings and many “mutuals” are reversed on appeal.
- Don’t agree to peaceful contact for vague “communication” purposes, because vague exceptions invite manipulation and undermine criminal contempt cases.
- Don’t forget firearms surrender deadlines, because Penal Code §29830 requires the DV-800 within 48 hours.
- Don’t accept handwritten edits without initialing, because the California Rules of Court 2.100 require clarity and a smudged change can be challenged later.
- Don’t miss the renewal window, because under Ritchie v. Konrad you can renew without new abuse, but only before the order expires.
Pros and Cons of Pursuing a DV-130
Filing DV-130 is empowering but not free. Knowing the trade-offs lets you commit fully and prepare for the cost.
- Pro: Five-year enforceable shield with full federal full faith and credit under 18 U.S.C. §2265.
- Pro: Automatic firearms ban under both state and federal law, removing a key risk factor in homicide cases as documented by the CDC.
- Pro: Attorney fees often shifted to the restrained person under Family Code §6344.
- Pro: §3044 custody presumption strongly favors the protected parent, often resolving custody disputes early.
- Pro: Free sheriff service and free filing fees under Government Code §6103.2.
- Con: Public court record that the restrained person and others can search, which some petitioners find re-traumatizing.
- Con: Cross-examination at the hearing, which is emotionally taxing without trauma-informed counsel.
- Con: Possible cross-petition by the restrained person, which can create a “mutual order” risk under §6305.
- Con: Custody and support entanglement that can delay a planned dissolution timeline.
- Con: Enforcement gaps in rural counties where CLETS entry can be slow and 100-yard stay-aways are hard to police.
Process for Submitting and Serving DV-130
Filling out DV-130 is only half the job; the order must also be entered, served, and proven up. Each step has a deadline and a consequence.
After the judge signs DV-130 in court, the clerk creates a certified copy and enters the order into CLETS under Family Code §6380. If the restrained person was present at the hearing, no further service is required because they have actual notice. If the restrained person did not appear, you must arrange personal service through the sheriff or a registered process server using DV-200 Proof of Personal Service.
The restrained person then has 24 hours to surrender firearms and 48 hours to file DV-800. Failure to comply triggers an additional criminal charge and a presumption against custody. The petitioner should keep certified copies in the car, at work, and at home, and should give a copy to the children’s school under Education Code §49091.20.
A common misconception is that the order is enforceable nationwide automatically. It is, under federal full faith and credit, but local police outside California sometimes hesitate without a copy in hand, so travel with one.
Recapping Key California Rulings on DV-130
A handful of appellate decisions shape how judges fill out and enforce DV-130. Knowing them helps you advocate accurately at the hearing.
Nakamura v. Parker (2007) 156 Cal.App.4th 327 reversed a denial of a DV-100 because the trial court refused to credit the petitioner’s sworn allegations; the case stands for liberal construction of the DVPA.
In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483 defined “disturbing the peace” as destruction of mental or emotional calm, expanding what counts as abuse on item 5.
Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140 clarified the meaning of “dating relationship” for jurisdiction purposes.
Ritchie v. Konrad (2004) 115 Cal.App.4th 1275 held that renewals do not require new abuse, just a reasonable apprehension of future abuse.
United States v. Rahimi (2024) confirmed that the federal firearms ban tied to DV restraining orders is constitutional, sealing item 9’s strongest enforcement.
Frequently Asked Questions
Is DV-130 the same as a temporary restraining order?
No. DV-130 is the long-term order issued after a noticed hearing, while DV-110 is the short-term temporary order issued before the hearing under Family Code §240.
Can DV-130 last longer than five years?
Yes. The initial maximum is five years under Family Code §6345, and you may renew it permanently using DV-700 without proving any new abuse.
Do I have to pay a fee to file or serve DV-130?
No. Filing is free under Government Code §6103.2, and item 25 directs the sheriff to serve it without cost.
Can the restrained person own a hunting rifle during a DV-130?
No. Penal Code §29825 and 18 U.S.C. §922(g)(8) prohibit possession of any firearm or ammunition while a DV-130 is in effect.
Is DV-130 valid in other states?
Yes. Under the federal full faith and credit provision at 18 U.S.C. §2265, every U.S. state, tribe, and territory must enforce a properly issued California DV-130.
Can I get child custody orders through DV-130?
Yes. Item 18 incorporates DV-140, and Family Code §3044 creates a strong presumption against custody to the restrained person.
Does the restrained person have to attend counseling?
Yes. If item 23 is checked, the restrained person must complete a 52-week certified batterer intervention program under Penal Code §1203.097.
Can I record my abuser’s calls under a DV-130?
Yes. Only if item 11 is expressly checked, which overrides Penal Code §632 two-party consent rules.
Can I keep my address private from the restrained person?
Yes. Item 10 plus enrollment in Safe at Home shields your residential, work, and school addresses from public records.
Does a DV-130 automatically cover my children?
No. Each child must be individually named on item 1, otherwise officers in the field cannot enforce the order to protect them.
Can a “mutual” DV-130 be issued against both parties?
Yes. But only under Family Code §6305, which requires detailed written findings showing both parties acted as primary aggressors.
Can a DV-130 be appealed?
Yes. A respondent may appeal under California Rules of Court 8.104 within 60 days of entry, but the order remains enforceable during the appeal.
Will a DV-130 show up on a background check?
Yes. It appears in CLETS and most commercial background checks, which can affect the restrained person’s employment, housing, and immigration status.
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-115 (w/Examples) + FAQs
- How to Fill Out California Form DV-150 (w/Examples) + FAQs
- How to Fill Out California Form DV-300 (w/Examples) + FAQs
- How to Fill Out California Form EA-100 (w/Examples) + FAQs
- How to Fill Out California Form DV-100 (w/Examples) + FAQs