How to Fill Out California Form DV-140 (w/Examples) + FAQs

Form DV-140 is the Child Custody and Visitation Order attachment used in California Domestic Violence Restraining Order (DVRO) cases, and you fill it out by entering the case caption, identifying the children, requesting legal and physical custody, and detailing a clear visitation schedule that the judge can sign as a court order. You file it together with your Request for Domestic Violence Restraining Order (DV-100) when you also need orders about your kids.

According to the Judicial Council of California’s 2023 Court Statistics Report, more than 65,000 domestic violence restraining order requests are filed each year in California, and a significant share involve minor children who need custody and visitation orders attached through DV-140.

Here is what you will learn in this guide:

📝 How to complete every line of Form DV-140 without missing a required box.
⚖️ The legal standards judges apply under Family Code § 3011 and § 3044.
👨‍👩‍👧 Real-world examples for petitioners and respondents in supervised, joint, and move-away cases.
🚫 The most common DV-140 mistakes that get orders denied or delayed.
🔁 How DV-140 interacts with companion forms like DV-100, DV-105, DV-110, and FL-341.

What Form DV-140 Is and Why It Exists

Form DV-140 is the official Judicial Council attachment that lets a judge issue temporary child custody and visitation orders inside a domestic violence case. The form lives within the DV series of forms maintained by the California Courts Self-Help Center. Without DV-140, a DVRO judge usually cannot enter detailed custody orders, because the DV-100 request only flags the need for custody orders. The DV-140 turns that flag into an actual, enforceable order once the judge signs it as part of DV-105 and DV-110.

The form exists because Family Code § 6340 gives DVRO courts the power to issue custody orders, and Family Code § 3044 creates a rebuttable presumption against awarding custody to a parent who has committed domestic violence in the last five years. The plain-English version is this: if a judge finds abuse, the abusive parent starts off losing custody. The consequence of ignoring DV-140 is that a protected parent may walk out of court with a stay-away order but no clear custody plan. A real example is when a mother gets a DV-110 against the father but forgets DV-140, leaving the father free to argue at the next family law hearing that there are no custody orders in place. A common misconception is that DV-140 transfers custody forever, but it only sets temporary orders until a longer hearing or a family law case under FL-341.

Federal Backdrop Before California Rules

Federal law sits in the background of every DV-140 case. The Violence Against Women Act (VAWA) requires states to enforce each other’s protective orders under the full faith and credit clause. The federal firearm ban under 18 U.S.C. § 922(g)(8) prohibits a person under a qualifying DVRO from possessing firearms, which can affect custody decisions. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) controls which state has the power to issue custody orders. California adopted the UCCJEA in Family Code § 3400 and following sections. The consequence of ignoring UCCJEA is that a California judge may refuse to sign DV-140 if the children’s home state is somewhere else.

Where DV-140 Fits Inside the DV Forms Family

Think of the DV forms as a stack. The DV-100 is the request, the DV-109 is the notice of hearing, the DV-110 is the temporary restraining order, and the DV-130 is the restraining order after hearing. DV-140 attaches to either DV-110 or DV-130 to spell out custody. The rule is that the judge cannot enforce unwritten custody plans, so DV-140 must be specific. The consequence of being vague is that police will not enforce a visitation schedule that says only “reasonable visits.” A common misconception is that DV-140 replaces a family law case, but a separate case under the FL-100 Petition is usually still needed for permanent orders.

Step-by-Step: How to Fill Out DV-140

The official DV-140 form has a caption, six numbered items, and a signature block. Walk through each item in order. Use black ink or fill it out online through the California Courts Online Self-Help Center.

Caption: Court, Parties, and Case Number

At the top of page one, write the name and address of the superior court branch handling your case, for example Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse. List your full legal name on the Person Who Asked for Protection line, and the other parent’s full legal name on the Person to Be Restrained line. The case number goes in the upper right; if you are filing the same day as DV-100, leave it blank for the clerk to assign. The consequence of mismatched names or case numbers is that the clerk will reject the filing under California Rules of Court, Rule 2.100. A real example is Maria Lopez filing as Maria L. on DV-100 but Maria Lopez-Garcia on DV-140, which forces a refile.

Item 1: Children Covered by the Order

Item 1 lists each child’s full legal name, age, and date of birth. Only list children who share a parent-child relationship with both parties or who live in the protected parent’s home. Under Family Code § 3022, the judge can only enter custody orders for children properly before the court. The consequence of listing a stepchild without legal standing is that the order is void as to that child. A common misconception is that you can list nieces or nephews you care for; you cannot, unless you have a guardianship under Probate Code § 1510.

Item 2: Child Custody Is Given To

Item 2 covers legal custody, meaning the right to make decisions about health, education, and welfare. Check box (a) for the petitioner only, box (b) for the respondent only, or box (c) for joint legal custody. Under Family Code § 3003, joint legal custody means both parents share decisions. If domestic violence is found, the § 3044 presumption usually defeats joint legal custody. The consequence of checking joint legal custody after a finding of abuse is that the judge will likely strike that box and write in sole legal custody. A real example is Daniel Chen checking joint legal custody for his child after the judge found he committed abuse, only to have the court override the request.

Item 3: Physical Custody Is Given To

Item 3 covers physical custody, meaning where the child lives day to day. The same three boxes appear: petitioner, respondent, or joint. Under Family Code § 3004, joint physical custody requires significant periods of time with each parent. The consequence of checking joint physical custody when the children rarely see one parent is that the order will not match reality and will confuse schools and doctors. A common misconception is that 50/50 time is required for joint physical custody; under Family Code § 3004, it only requires frequent and continuing contact with both. A real example is Aisha Williams sharing custody with weekday visits only; that still counts as joint physical custody.

Item 4: Child Visitation

Item 4 is the visitation menu and is the most detailed part of the form. Box 4(a) means no visitation. Box 4(b) sends the parties to mediation through Family Code § 3170. Box 4(c) sets a specific schedule, including weekends, weekdays, holidays, vacations, and exchanges. Box 4(d) orders supervised visitation, naming a professional or non-professional supervisor under the California Standards of Judicial Administration § 5.20. Box 4(e) lists no visitation until further order. The consequence of leaving Item 4 blank is that the judge may default to “reasonable visitation,” which police cannot enforce.

Drafting a Specific Schedule

A specific schedule should state pick-up time, drop-off time, location, and which parent does the transport. For example, “Father shall have visitation every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Exchanges shall occur at the Glendale Police Department lobby. Father shall do all transportation.” Under Family Code § 3011, schedules must serve the best interest of the child. The consequence of vague language like “as agreed by the parties” is that the abuser uses ambiguity to harass. A real example is Jenna Park writing “weekends” without times, leading to weekly disputes about Sunday drop-off.

Supervised Visitation Choices

Supervised visitation comes in two flavors: professional providers, who must meet Family Code § 3200.5 standards, and non-professional providers, often a relative. The judge can require background checks. The consequence of choosing a biased relative as supervisor is that the protected parent loses confidence in the order. A common misconception is that supervised visitation is permanent; it usually phases out after the abuser shows progress.

Item 5: Travel With Children and Other Conditions

Item 5 lets the court add conditions, such as no removing the children from California, no overnight visits, or no drug or alcohol use during visits. Under Family Code § 3048, travel restrictions and child-abduction prevention orders are common additions. The consequence of failing to add a travel restriction in international cases is potential abduction under the Hague Convention on Child Abduction. A real example is Omar Hassan failing to request a passport-surrender order, after which the other parent flew the child to a non-Hague country.

Item 6: Other Orders

Item 6 is a free-text section for anything the form did not cover, such as no negative comments about the other parent, no third-party messengers, or participation in a 52-week batterer intervention program under Penal Code § 1203.097. Use clear, numbered sentences. The consequence of bundling many ideas into one paragraph is that the judge may strike confusing language. A common misconception is that you can ask for child support on DV-140; child support belongs on Form DV-140 is not the right form*, and you should use DV-105 and FL-150 instead.

Signature, Date, and Attorney Information

At the bottom, sign and print your name, list your attorney if you have one, and date the form. Under California Rules of Court, Rule 1.31, an unsigned form is rejected. The consequence of forgetting to sign is a delay of days or weeks. A real example is Lewis Carter filing twelve pages without a signature on page two and missing his ex parte hearing.

Three Common DV-140 Scenarios

Below are the three most popular scenarios, each shown with the parent’s request and the likely court order.

Scenario 1: Sole Custody With Supervised Visits

Petitioner’s Request	Likely Court Order
Sole legal and physical custody to the protected mother, with the father visiting only at a professional supervised visitation provider for two hours weekly.	Court grants sole legal and physical custody, names a § 3200.5 provider, and requires the father to pay supervision fees under Family Code § 3200.5.

Scenario 2: Joint Legal Custody With Structured Visitation

Petitioner’s Request	Likely Court Order
Joint legal custody, sole physical custody to the petitioner, alternating weekends and Wednesday dinners for the respondent, with neutral exchanges.	Court grants joint legal custody only if no § 3044 presumption applies, sets the schedule, and requires curbside exchanges.

Scenario 3: No Visitation Pending Investigation

Petitioner’s Request	Likely Court Order
Sole custody and no visitation until Child Welfare Services finishes a child-abuse investigation.	Court grants sole custody, suspends visitation, and orders a return hearing within 21 days under Family Code § 242.

Named Examples Across the Form

A few full examples make the form clearer. Maria Lopez asks for sole legal custody, sole physical custody, and supervised visitation at Hannah’s House for her ex-husband, citing two prior DUIs. Daniel Chen responds to a DVRO and checks joint legal custody, but the judge finds abuse and applies the § 3044 presumption, so the box is overridden. Aisha Williams and her ex-husband agree on joint physical custody with a weekday-weekend split because they live four blocks apart. Each parent attaches their own DV-140 if their requests differ.

Two more examples round out the picture. Omar Hassan is concerned about international abduction, so he asks the court to order the surrender of his child’s passport under Family Code § 3048. Jenna Park writes a detailed visitation schedule with times, locations, and holiday rotation, and the judge signs it word-for-word, making enforcement easy for local law enforcement.

Mistakes to Avoid on DV-140

Errors on DV-140 cost time and sometimes safety. Here are the most common mistakes filers make:

Leaving Item 4 blank, which causes the court to default to reasonable visitation and weakens enforcement.
Listing children who are not legally tied to both parties, which makes the order void as to those kids under Family Code § 3022.
Checking joint legal custody after alleging abuse, which conflicts with the § 3044 presumption.
Writing vague visitation language like “weekends” without specific times or locations, which invites disputes.
Forgetting to address travel and passport surrender, which can lead to international abduction issues under the Hague Convention.
Mismatching names or case numbers between DV-100 and DV-140, leading to clerk rejection under Rule 2.100.
Asking for child support on DV-140 instead of using DV-105 and FL-150.
Naming a biased relative as supervisor, which undermines the safety goal of supervised visitation.
Skipping the signature line on the last page, which voids the filing under Rule 1.31.
Failing to file the UCCJEA Declaration (FL-105), which the judge usually needs before signing custody orders.

Do’s and Don’ts When Filling Out DV-140

A short list of best practices helps you keep the form clean and the judge happy.

Do’s

Do read the DV-140-INFO instructions before drafting, because the judge expects compliance with these notes.
Do use exact dates, times, and addresses in Item 4, because law enforcement needs precision to enforce the order.
Do attach the UCCJEA Declaration FL-105, because most judges will not sign DV-140 without it.
Do request supervised exchanges if exchanges are tense, because Family Code § 3100 authorizes neutral exchange points.
Do bring three copies to court, because the clerk needs one, the other parent needs one, and you need one.

Don’ts

Don’t agree to joint legal custody if you alleged abuse, because that contradicts the § 3044 presumption.
Don’t leave any custody box unchecked, because a blank order is unenforceable.
Don’t write “as agreed,” because this lets the abusive party stall.
Don’t list a stepparent without standing, because the order will be void as to that child.
Don’t forget to ask for travel restrictions, because abductions can happen quickly under Family Code § 3048.

Pros and Cons of Using DV-140

DV-140 has clear benefits and a few limits.

Pros

Gives quick temporary custody orders inside a DVRO, often the same day under Family Code § 240.
Triggers the protective § 3044 presumption once abuse is found.
Free to file, because Government Code § 70617(d) waives DV filing fees.
Enforceable by police statewide and across state lines through VAWA full faith and credit.
Pairs with DV-110 firearm surrender to protect both parent and children.

Cons

Orders are temporary and last only until the next hearing, usually 21 days under Family Code § 242.
Does not handle child support or property; you must use DV-105 and FL-150.
Requires a separate UCCJEA FL-105 attachment, adding paperwork.
Cannot be used outside a DVRO context; non-DV families must use FL-341 instead.
May expire if the DVRO is denied, leaving custody back where it started.

DV-140 Compared to FL-341

The chart below shows how DV-140 differs from the standard family-law custody attachment.

Feature	DV-140	FL-341
Used in	DVRO cases under DVPA § 6200	Dissolution, paternity, or parentage cases under FL-100
Duration	Up to 5 years tied to DVRO under Family Code § 6345	Permanent until modified
Filing fee	Free per Gov. Code § 70617	Standard filing fees apply
Triggers § 3044	Yes, automatically	Only with proof of abuse
Companion forms	DV-100, DV-105, DV-110	FL-300, FL-311

Key Court Rulings Behind DV-140

A few California cases shape DV-140 practice. In Jason P. v. Danielle S. (2017) 9 Cal.App.5th 1000, the court reaffirmed that joint legal custody requires meaningful sharing of decisions. In Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655, the court held that the § 3044 presumption applies even after a non-DVRO finding of abuse. In Keith R. v. Superior Court (2009) 174 Cal.App.4th 1047, the court explained how the presumption works alongside best-interest analysis. These rulings tell judges to take DV-140 requests seriously and to apply § 3044 broadly.

A second cluster of cases shapes visitation. In In re Marriage of Brown & Yana (2006) 37 Cal.4th 947, the California Supreme Court explained that custodial parents have presumptive move-away rights, but DVRO judges can override them. In S.Y. v. Superior Court (2018) 29 Cal.App.5th 324, the court of appeal stressed the importance of clear visitation language. These cases tell DV-140 filers to be specific and to document risk factors.

How to File and Serve DV-140

After you complete DV-140, attach it behind your DV-100 and file at the family law clerk’s office. Most counties also accept e-filing through eCourt portals. The clerk gives you a hearing date, usually within 21 days under Family Code § 242. The other parent must be personally served by an adult who is not you, using DV-200 Proof of Personal Service. The consequence of skipping personal service is that the judge cannot enter long-term orders.

After service, gather evidence for the hearing. Bring photographs, texts, medical records, and witnesses. The court applies the best-interest standard in § 3011 plus the abuse presumption in § 3044. If the judge signs DV-140 at the hearing, deliver a copy to your child’s school and pediatrician so they recognize the new custody plan. The consequence of failing to distribute copies is that the abusive parent may try to pick up the child anyway.

Special Issues Inside DV-140

A few topics deserve their own deeper look.

Move-Away Requests

If you must relocate with the children, ask the court in Item 5 or 6 for permission. Under In re Marriage of LaMusga (2004) 32 Cal.4th 1072, judges weigh the reason for the move, distance, child’s age, and relationship with each parent. The consequence of moving without permission is that the other parent can file an ex parte request under FL-300. A real example is Aisha Williams moving from Los Angeles to Sacramento for a job; she asks for permission inside DV-140 because she already has a DVRO.

Native American and ICWA Cases

If your child is a member of a federally recognized tribe, the Indian Child Welfare Act (ICWA) requires special notice. Check the ICWA box in FL-105 and notify the tribe. The consequence of skipping ICWA notice is reversal of any custody order under 25 U.S.C. § 1912. A common misconception is that ICWA only applies in foster care, but it also applies to private custody disputes if the child is in the protected parent’s home.

Same-Sex and Non-Biological Parents

Non-biological parents who meet the Elisa B. v. Superior Court (2005) 37 Cal.4th 108 parentage test can file DV-140 just like biological parents. Under Family Code § 7611, parentage is presumed where the parent received the child into the home and held the child out as their own. The consequence of failing to assert parentage is that the court may refuse to issue custody orders.

Firearm Surrender and Custody

Under Family Code § 6389, a person under a DVRO must surrender firearms within 24 hours. This rule connects to DV-140 because a parent who refuses to surrender firearms is unlikely to receive joint custody. The consequence of non-compliance is contempt and possible criminal charges under Penal Code § 29825.

What Happens at the DV-140 Hearing

The hearing is short, often 15 to 30 minutes. The judge reads the DV-140, asks each side to confirm or change the requests, and considers any responsive DV-120 Response plus the DV-140 attached to it. Witnesses may testify briefly. Under Family Code § 217, live testimony is generally allowed unless the judge finds good cause to limit it.

After argument, the judge writes findings on the DV-130 Restraining Order After Hearing and signs the DV-140 attached behind it. Orders can last up to five years under Family Code § 6345. The consequence of missing the hearing is that the case may be dismissed and the temporary DV-140 ends.

Frequently Asked Questions

Is DV-140 mandatory if I have kids in a DVRO case?

Yes. If you want custody or visitation orders inside a DVRO, you must attach DV-140; otherwise, the judge has no specific custody plan to sign and will likely default to reasonable visitation only.

Can I file DV-140 without filing DV-100?

No. DV-140 is an attachment, not a stand-alone form, so it must be filed with DV-100 or, for responses, with DV-120.

Does DV-140 cost money to file?

No. Filing fees are waived for domestic violence restraining orders under Government Code § 70617(d), so DV-140 is free even without a fee waiver application.

Can a judge order joint custody if there is abuse?

Yes, but rarely; the § 3044 presumption blocks joint custody unless the abuser proves several rebuttal factors, like completing a 52-week batterer program.

Is DV-140 enforceable outside California?

Yes. Under VAWA full faith and credit, every state must enforce a valid California DV-140 once you register it locally.

Can I include child support in DV-140?

No. Child support belongs on DV-105 supported by income disclosures in FL-150, not on DV-140.

Does DV-140 expire?

Yes. It expires when the underlying DVRO expires, up to five years under Family Code § 6345, unless renewed before the deadline.

Can a respondent file their own DV-140?

Yes. A respondent attaches DV-140 to their DV-120 Response to ask for different custody and visitation terms.

Is supervised visitation required after a finding of abuse?

No, but it is common; judges weigh risk factors under Family Code § 3011 and often order supervision when children might be unsafe.

Can I modify DV-140 later?

Yes. Either parent files DV-300 Request to Change Order and shows a significant change of circumstances under Montenegro v. Diaz (2001) 26 Cal.4th 249.

Do I need a UCCJEA declaration with DV-140?

Yes. Most judges require FL-105 so they can confirm California is the children’s home state before signing custody orders.

Will the police enforce DV-140 visitation?

Yes, if it is specific; vague language like “reasonable visits” is not enforceable, but a clear schedule is enforceable under the California POST DV guidelines.

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