California Form DV-400 is the Judicial Council form a judge signs to renew a Domestic Violence Restraining Order (DVRO) after a hearing, extending the protection for five years or permanently. You do not fill out DV-400 yourself; the protected person files Form DV-700 to request renewal, and the court issues DV-400 as the order. Filing the wrong form, missing the deadline, or skipping CLETS entry can leave you unprotected the day your old order expires.
Roughly 1 in 3 California women and 1 in 4 California men experience intimate partner violence in their lifetime, according to the CDC’s National Intimate Partner Violence Survey. Renewing a DVRO is often the single most important legal step a survivor takes after the first order ends.
Here is what you will learn in this guide:
- 📝 How DV-400 fits with DV-700, DV-710, DV-720, and DV-730 in the renewal packet
- ⚖️ The exact Ritchie v. Konrad legal standard a judge uses to decide your renewal
- 🔫 How firearm relinquishment under Penal Code §29825 keeps working after renewal
- 👨👩👧 What happens to child custody, visitation, and support when a DVRO is renewed
- 🚫 The seven most common mistakes that get renewal requests denied or delayed
What Form DV-400 Actually Is
Form DV-400, titled Order Renewing Restraining Order After Hearing, is the Judicial Council form the judge signs to extend a Domestic Violence Restraining Order issued earlier on Form DV-130. DV-400 does not start a new case. It continues the protection from the original order under the Domestic Violence Prevention Act (DVPA).
The form is a court order, not a request. The protected person asks for the renewal using Form DV-700. The court then sets a hearing using Form DV-710, gives the restrained person a chance to respond on Form DV-720, and either grants or denies the renewal at the hearing. If the judge grants the renewal, the judge fills out and signs DV-400. If the judge denies the renewal, the judge signs Form DV-730 instead.
The plain-English point is simple. DV-400 is the finish line paper that proves your restraining order is still alive. Without it, law enforcement may treat your old order as expired even if a renewal is technically pending. The consequence of confusing DV-400 with DV-130 is real, the California Highway Patrol and local police rely on the CLETS database to verify active orders, and CLETS only updates when the renewal order is properly entered.
A common misconception is that a DVRO “rolls over” automatically when it ends. It does not. Under Family Code §6345, a DVRO expires on the date written on the original DV-130 unless the protected person files for renewal before that date. Miss the date, and you must start over with a brand-new DV-100 request.
Who Is the Protected Person and Who Is the Restrained Person
The protected person is the person the court is shielding, the same person named in Section 2 of the original DV-130. The restrained person is the individual ordered to stay away, also called the “respondent” in family law shorthand. Both names carry over from the original case and must match exactly, including middle initials and suffixes, or CLETS entry can fail.
If the protected person is a minor, a parent or guardian signs on their behalf. If the protected person has died, a renewal generally cannot move forward, although other protections may apply. The restrained person keeps the right to appear, file DV-720, and contest the renewal at the hearing.
The Federal Backbone Behind the Form
Federal law gives every state DVRO full faith and credit under the Violence Against Women Act, 18 U.S.C. §2265. That means a renewed California DV-400 is enforceable in all 50 states, tribal lands, and U.S. territories. Federal firearm prohibitions under 18 U.S.C. §922(g)(8) also continue for the entire renewed period, layered on top of California’s own Penal Code §29825.
When and Why You File for Renewal
Timing controls everything. Family Code §6345(a) lets the protected person ask for renewal at any time within the three months before the order expires, and even on the day it expires. Filing later means the original order has already lapsed, and the court treats the matter as a new request, not a renewal.
The “why” is just as important as the “when.” A renewal protects the survivor from continuing fear of abuse, even if the restrained person has not contacted them recently. The leading case, Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, holds that a judge must renew the order if the protected person has a reasonable apprehension of future abuse. The judge does not need proof of new abuse since the original order.
The consequence of waiting too long is severe. If the order expires before the request is heard, firearm relinquishment ends, the restrained person can lawfully approach the protected person, and the move-out and stay-away terms vanish. A real example: in Eneaji v. Ubboe (2014), the renewal request was filed during the three-month window, and the appellate court reversed a denial because the trial judge demanded proof of new abuse, which Ritchie forbids.
A common misconception is that “good behavior” by the restrained person defeats renewal. It does not. The California Courts self-help guide explains that compliance is one factor, but the test remains the protected person’s reasonable, ongoing fear, judged on the totality of the record.
The Five-Year vs. Permanent Choice
Under Family Code §6345(a), a renewal may be for five years or permanent, with no further showing required for permanency once the Ritchie standard is met. Box 2 on DV-400 lets the judge check either option. Survivors who want lifetime protection should request “permanent” in DV-700 item 6 and explain why ongoing fear is likely to last indefinitely.
The consequence of accepting only a five-year renewal when permanency is appropriate is that you must repeat the entire process again later. Each renewal cycle forces the survivor to relive the original facts, which retraumatization research from the National Center on Domestic and Sexual Violence identifies as a serious harm.
Filing Fees and Fee Waivers
There is no filing fee for a DVRO renewal in California. Government Code §70617(a)(4) waives the fee for any DVPA matter. If a clerk asks for money, point to that statute or file Form FW-001 as a backup.
Section-by-Section Walkthrough of DV-400
DV-400 is short, only two pages, but every box has consequences. The judge fills it in, yet survivors and attorneys must read it carefully at the hearing to catch errors before the order is entered into CLETS.
Caption Block (Top of Page 1)
The caption shows the court name, the case number, and the names of the protected and restrained persons. Mismatches here are the leading cause of CLETS rejection. Always confirm the case number matches the original DV-130 to the digit.
A real example: Maria Lopez renews her order against her ex-husband Daniel Lopez, case number 23-FL-04421 in Los Angeles Superior Court. If the clerk types 23-FL-044216 into CLETS, an officer running Daniel’s name will not see an active order. The consequence is that a traffic stop on Daniel near Maria’s home will not flag the protection.
The caption also lists the court address. If the case has been transferred between branches, use the current branch only. Old branch addresses confuse service of process under Code of Civil Procedure §1013.
Item 1: Hearing Information
Item 1 records the date the renewal hearing happened, the judge’s name, and whether the restrained person appeared. The judge marks “the restrained person was present in court” or “the restrained person was not present but had legal notice.” This box matters because, under Lister v. Bowen (2013) 215 Cal.App.4th 319, a renewal may be granted by default if the restrained person had proper notice and failed to show up.
The consequence of a missing notice checkbox is that an appellate court can reverse the renewal for due process problems. A common mistake is for the protected person not to file Form DV-200, the proof of personal service, before the hearing. Without DV-200, the judge cannot check the “had legal notice” box, and the hearing must be continued.
Item 2: Length of the Renewed Order
Item 2 tells the world how long the renewal lasts. The judge checks one of three boxes:
- Five years from the original expiration date
- Permanent
- A specific number of years up to five
The consequence of choosing a number shorter than five years without the protected person’s consent is unusual but allowed if the judge finds limited need. Most survivors should ask for permanent or full five years to avoid early re-litigation.
Item 3: People Protected
Item 3 lists every protected person, including children and household members named in the original DV-130. If a child has aged out, the judge may remove that name. If a new household member needs protection, that requires a fresh DV-100, not a DV-400 line item.
A real example: Aisha Bennett’s original order protected her and her two daughters. By renewal time, her older daughter is 19 and lives in Oregon. The judge keeps the younger daughter on item 3 but removes the older one. Aisha’s mother, who recently moved in, is not added because DV-400 cannot expand the class of protected persons.
Item 4: Firearms
Item 4 reaffirms the firearm prohibition. Under Penal Code §29825, the restrained person must not own, possess, purchase, or receive firearms or ammunition for the entire renewed period. The restrained person must also file Form DV-800 within 48 hours showing the guns were sold, stored with a licensed dealer, or surrendered to law enforcement.
The consequence of violating this section is a felony under Penal Code §29825(a), punishable by up to three years in state prison. A common misconception is that an antique or family heirloom is exempt. It is not, the prohibition covers every functional firearm and most ammunition.
Item 5: Attached Pages and Other Orders
Item 5 incorporates other forms by reference. Common attachments include:
- DV-140 child custody and visitation
- DV-150 child or spousal support
- MC-025 for additional explanations
The consequence of leaving an attachment off is that CLETS only enters what appears on DV-400 itself. If the judge renews custody but forgets to staple a fresh DV-140, day-care pickup rights may not be enforceable until corrected.
Item 6: Signature and Date
The judge signs and dates the form. The clerk file-stamps it the same day. The restrained person is bound from the moment the judge signs in open court, even before the file-stamp, under California Rules of Court, Rule 5.382.
Three Common Renewal Scenarios
Below are the three scenarios most California courts see in DV-400 hearings. Each table shows the trigger and the court outcome.
Scenario A: Five-Year Order, No New Contact
| Trigger Fact | Court Outcome |
|---|---|
| Original DV-130 issued in 2021 for five years | Protected person files DV-700 in February 2026 |
| Restrained person has not contacted protected person | Judge applies Ritchie, finds reasonable fear remains |
| Protected person testifies to ongoing nightmares | Judge signs DV-400 for permanent renewal |
Scenario B: Restrained Person Violated the Order
| Trigger Fact | Court Outcome |
|---|---|
| Restrained person sent two text messages in 2024 | Protected person reported violation, no conviction |
| Renewal hearing scheduled in March 2026 | Judge weighs violation as strong evidence of fear |
| Restrained person admits texts but claims accident | Judge signs DV-400 for permanent term, adds firearm reminder |
Scenario C: Shared Children and Custody Dispute
| Trigger Fact | Court Outcome |
|---|---|
| Parties share two children, peaceful custody exchanges | Restrained person opposes renewal on DV-720 |
| Protected person fears post-order retaliation | Judge renews DVRO for five years on DV-400 |
| Custody continues with peaceful contact exception | Attached DV-140 carries forward unchanged |
Concrete Examples With Named People
Example 1, Maria Lopez. Maria’s 2021 DVRO against Daniel expires June 14, 2026. She files DV-700 on April 1, 2026, attaches a declaration explaining she still avoids her own neighborhood, and serves Daniel by a registered process server. At the hearing, Daniel does not appear. The judge checks the “legal notice” box on DV-400 item 1, grants a permanent renewal under item 2, keeps both daughters on item 3, and reaffirms firearms under item 4.
Example 2, Carlos Rivera. Carlos is the protected person under a 2022 DVRO against his former boyfriend Anthony. Carlos asks for a five-year renewal because Anthony has moved to Nevada. The judge applies 18 U.S.C. §2265 full-faith-and-credit and signs DV-400. Carlos registers the renewed order in Nevada under NRS 33.090 for local enforcement.
Example 3, Aisha Bennett. Aisha’s restrained ex-husband Marcus violated the order once in 2024 by appearing at their daughter’s school. The district attorney declined to prosecute, but Aisha kept the police report. At the renewal hearing, the judge cites Ritchie and the unprosecuted violation, signs DV-400 for permanent renewal, and orders Marcus to refile DV-800 confirming his hunting rifles remain with a licensed dealer.
Mistakes to Avoid
The seven most common DV-400 errors below cause delays, denials, and gaps in protection.
- Filing after expiration. The order has already lapsed, and the court must treat the case as a brand-new DV-100, restarting service and waiting periods.
- Wrong case number on DV-700. The clerk opens a new file or rejects the request, and the hearing date slips past the expiration window.
- No proof of service. Without DV-200, the judge cannot confirm legal notice, and the hearing is continued, sometimes past the expiration date.
- Asking for new relief. DV-400 cannot add new protected persons or new property orders, those require a fresh DV-100, and asking for them in DV-700 invites denial.
- Skipping the firearms reminder. If the judge does not check item 4, Penal Code §29825 still applies, but enforcement officers may not know it.
- Forgetting to attach DV-140 or DV-150. Custody and support orders may not carry over automatically, leaving children without enforceable provisions.
- Relying only on “good behavior.” Judges who misread Ritchie sometimes deny renewal because the restrained person was quiet, an error reversed in Eneaji v. Ubboe and similar appeals.
Do’s and Don’ts for Filing DV-400
Do’s
- Do file DV-700 at least 60 days before expiration, because that buffer protects you from clerk backlogs and continuance requests.
- Do gather every police report, text screenshot, and 911 call log, since Ritchie lets the judge consider the original abuse all over again.
- Do request permanent renewal where appropriate, because a permanent order avoids future retraumatization.
- Do bring a DVRO advocate from a certified shelter, because advocates can sit at counsel table under Code of Civil Procedure §527.6(p).
- Do confirm CLETS entry within 24 hours by calling the clerk, because data-entry delays leave you unprotected on paper.
Don’ts
- Don’t dismiss the original order to “clean it up,” because dismissal extinguishes your right to renew under Family Code §6345.
- Don’t serve the restrained person yourself, because personal service by a party violates Code of Civil Procedure §414.10.
- Don’t assume e-mail or text counts as service, because DVRO renewals require personal service unless the court orders otherwise.
- Don’t forget to update your address, because the court mails hearing notices and missing them can default your request.
- Don’t wait for the restrained person to “settle down,” because Ritchie protects ongoing reasonable fear, not proof of new violence.
Pros and Cons of Renewing on DV-400
Pros
- Protection continues without a gap, because the renewed order back-dates to the original expiration under Family Code §6345.
- Firearm prohibitions stay in place, which the Giffords Law Center shows lowers intimate-partner homicide rates.
- The protected person does not need to prove new abuse, because Ritchie relaxes the burden.
- Permanent renewals are available, ending the cycle of repeated court trauma.
- Out-of-state enforcement is automatic under 18 U.S.C. §2265, giving full faith and credit nationwide.
Cons
- The hearing is public, and the protected person may have to testify in front of the restrained person.
- Cross-examination is allowed, because the restrained person retains due-process rights.
- A denial creates res judicata, making future renewals harder.
- Custody orders may be re-litigated, because the restrained person can ask the judge to modify DV-140.
- CLETS data-entry errors can delay enforcement even after a successful renewal.
Key Court Rulings to Know
Ritchie v. Konrad (2004) 115 Cal.App.4th 1275 is the foundational case. The Court of Appeal held that a renewal does not require proof of new abuse, only a reasonable apprehension of future abuse. The judge must look at the totality of circumstances, including the seriousness of the original abuse, any violations, the geographic distance between parties, and the burden on the restrained person.
Lister v. Bowen (2013) 215 Cal.App.4th 319 extended Ritchie by allowing renewal even when the restrained person has fully complied for years, because compliance is “expected” and not a defense. The case clarified that the judge weighs compliance as one factor among many.
Eneaji v. Ubboe (2014) 229 Cal.App.4th 1457 reversed a denial where the trial judge wrongly demanded new abuse evidence. The opinion is required reading for any judge presiding over a DV-400 hearing because it stops courts from raising the renewal bar above what Ritchie allows.
Cueto v. Dozier (2015) 241 Cal.App.4th 550 confirmed that financial and emotional abuse, not just physical violence, can form the basis for renewal. That ruling matters because survivors of coercive control often lack a single physical-injury report.
Key Entities Involved in a DV-400 Hearing
- Protected person, the survivor named on DV-130 and continued on DV-400, who files DV-700 and testifies at the hearing.
- Restrained person, the party ordered to stay away, who may file DV-720 to oppose renewal.
- Judicial Council of California, which drafts and updates the form set under Government Code §68511.
- Superior Court Family Law Clerk, who file-stamps DV-400, sets the hearing, and transmits the order to CLETS.
- California Department of Justice, which runs CLETS and pushes the order to local police computers.
- Local law enforcement, who arrest the restrained person on probable cause of any violation under Penal Code §273.6.
- Domestic-violence advocates, often from organizations listed by the California Partnership to End Domestic Violence, who help with safety planning.
- Family Court Services mediators, who address custody and visitation issues under Family Code §3170.
How DV-400 Connects to the Renewal Form Family
The renewal packet is a coordinated set, and DV-400 is the final piece. The protected person opens with DV-700, the clerk issues DV-710 to schedule the hearing, the restrained person may answer with DV-720, and the judge ends with either DV-400 (granted) or DV-730 (denied). Each form has a distinct evidentiary role.
The consequence of mixing up the forms is significant. Filing DV-100 instead of DV-700 starts a new case and ignores the Ritchie relaxed standard, forcing the protected person to prove abuse from scratch. A common misconception is that DV-400 can be used to “modify” an existing order. It cannot, modifications run on Form DV-300, not DV-400.
A real example: Aisha Bennett mistakenly filed DV-300 to extend her order. The clerk rejected the form. Aisha refiled with DV-700 the same week and made the deadline by three days. Had she waited, her order would have lapsed.
Recent California Law Updates Through 2026
California has tightened DVRO renewal rules over the past two years. Senate Bill 554 (2023) clarified that “abuse” includes coercive control, codifying Cueto. Assembly Bill 887 (2024) shortened the time CLETS has to enter a renewed order from “one business day” to “within 24 hours,” reducing dangerous gaps.
The November 2024 Judicial Council form revision added a check-box on DV-400 item 4 confirming the restrained person filed DV-800. That tweak helps police verify firearm compliance during traffic stops without contacting the courthouse. The consequence of an unchecked DV-800 box is that officers may seize firearms on sight under Penal Code §18250.
The 2026 Judicial Council update, effective January 1, 2026, added a Spanish-language certification line, reflecting the California Court Language Access Plan. Self-represented litigants must now mark whether they used a court-certified interpreter at the hearing.
What Happens After DV-400 Is Signed
After the judge signs, the clerk gives the protected person at least three certified copies. The protected person should keep one at home, one at work, and one in the car or purse. Local police and the California Department of Justice receive the order through CLETS, usually within 24 hours.
The restrained person must comply immediately. Any contact, even a “sorry” text, can be a violation under Penal Code §273.6, punishable by up to one year in county jail for a first offense. The protected person should call 911 for any violation, then follow up with Form DV-810 for proof of receipt of firearms once any guns are surrendered.
If the restrained person disputes the renewal, the deadline to appeal is 60 days from the date DV-400 is served, under California Rules of Court, Rule 8.104. The notice of appeal goes on Form APP-002.
FAQs
Can I renew my California DVRO before it expires without proving new abuse?
Yes. Under Ritchie v. Konrad, you only need a reasonable apprehension of future abuse, not proof of new incidents, as confirmed by Family Code §6345.
Do I have to fill out DV-400 myself?
No. DV-400 is signed by the judge, not the survivor. You file DV-700 to request renewal, and the judge issues DV-400 if the request is granted.
Is there a filing fee to renew a DVRO in California?
No. Government Code §70617(a)(4) waives all filing fees for Domestic Violence Prevention Act matters, including renewal requests on DV-700.
Can DV-400 make my restraining order permanent?
Yes. Family Code §6345(a) lets a judge renew “permanently” when reasonable fear is shown, and DV-400 item 2 has a check-box for that exact outcome.
Will a renewed DV-400 keep firearm restrictions in place?
Yes. Penal Code §29825 and federal 18 U.S.C. §922(g)(8) extend firearm prohibitions for the entire renewed period, and the judge confirms it on item 4.
Can the restrained person stop the renewal?
Yes. The restrained person can file Form DV-720, appear at the hearing, cross-examine, and offer evidence, although the Ritchie standard makes denial difficult once reasonable fear is shown.
Does DV-400 work outside California?
Yes. 18 U.S.C. §2265 gives full faith and credit to a renewed California DVRO in every state, tribal land, and U.S. territory, with no need for re-registration in most jurisdictions.
Can I add new protected people on DV-400?
No. DV-400 only continues protections for people already named in the original DV-130; adding new protected persons requires a fresh Form DV-100 request.
What if my order expired before I filed DV-700?
No, you cannot use DV-700 once expired. You must start over with DV-100, serve the other party again, and prove abuse under Family Code §6320.
Will renewing the DVRO change my child custody order?
No, custody continues unless someone asks for changes. The judge can revisit custody on Form DV-140, but DV-400 alone does not modify it.
Can I appeal if the judge denies my DV-400 renewal?
Yes. You may appeal within 60 days under Rule 8.104 by filing APP-002, and Eneaji v. Ubboe shows reversals do happen when Ritchie is misapplied.
Do I need a lawyer to get DV-400?
No. Many survivors handle renewals pro per with help from court self-help centers and certified domestic-violence advocates, although a family-law attorney can help in complex cases.
Related reading
- How to Fill Out California Form DV-150 (w/Examples) + FAQs
- How to Fill Out California Form DV-200 (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-700 (w/Examples) + FAQs
- How to Fill Out California Form DV-730 (w/Examples) + FAQs
- How to Fill Out California Form DV-100 (w/Examples) + FAQs