Fill out Form DV-100, Request for Domestic Violence Restraining Order with Instafill.ai
Form DV-100, officially known as the Request for Domestic Violence Restraining Order, is a legal document used in California to seek protection from domestic violence. It allows individuals to request the court to order the abuser to stop abusive behaviors, stay away from them, and possibly other protective measures. Filling out this form is a critical step for victims seeking legal protection from abuse.
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Form specifications
| Form name: | Form DV-100, Request for Domestic Violence Restraining Order |
| Form issued by: | Judicial Council of California |
| Number of fields: | 335 |
| Number of pages: | 13 |
| Version: | 2025 |
| Download form: | https://courts.ca.gov/sites/default/files/courts/default/2024-11/dv100.pdf |
| Language: | English |
Form DV-100, Request for Domestic Violence Restraining Order free printable template
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Follow these steps to fill out your DV-100 form online using Instafill.ai:
- 1 Visit instafill.ai site and select DV-100
- 2 Enter your personal information
- 3 Describe the abuse in detail
- 4 List any other protected people
- 5 Select the orders you want the judge to make
- 6 Sign and date the form electronically
- 7 Check for accuracy and submit the form
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Frequently Asked Questions About Form DV-100
Form DV-100, Request for Domestic Violence Restraining Order, is used by individuals seeking legal protection from domestic violence. It is the initial form filed to request a restraining order against someone who has abused or threatened them, and it must be completed and submitted to the court to start the legal process.
A Request for Domestic Violence Restraining Order can be filed by anyone who has been abused or threatened by a spouse, former spouse, cohabitant, former cohabitant, someone with whom the petitioner has a child, is dating or has dated, or is closely related (like a parent, child, brother, sister, grandmother, grandfather, or in-law). The abuse can be physical, emotional, sexual, or involve threats.
To complete Form DV-100, you will need to provide detailed information about the incidents of abuse or threats, including dates, descriptions, and any evidence you have (like photos, messages, or witness statements). You'll also need to provide personal information about yourself and the person you're seeking protection from, including names, addresses, and your relationship to them.
To protect your privacy when filing Form DV-100, you can request that your address and other personal information be kept confidential from the abuser. The court can provide forms to help you do this. Additionally, you may be able to file the forms under seal, meaning they are not available to the public. It's important to discuss these options with court staff or a legal advisor.
Domestic violence restraining orders can be issued in cases where the petitioner and the respondent have a specific relationship. This includes spouses or former spouses, cohabitants or former cohabitants, individuals who are dating or have dated, individuals who have a child together, and close relatives (such as parents, children, siblings, grandparents, grandchildren, and in-laws). The key factor is the nature of the relationship and the occurrence of abuse or threats within that context.
If there are already restraining orders in place, you should inform the court about these existing orders when filing your Form DV-100. The court will consider the current orders and determine if additional protections are necessary. It's important to provide copies of any existing orders to the court.
In Form DV-100, you should describe the abuse in detail, including specific incidents, dates, and the nature of the abuse. Be as clear and concise as possible, providing enough information for the court to understand the severity and frequency of the abuse. Avoid vague statements and focus on factual descriptions.
Yes, you can include other protected people in your restraining order request, such as children or other family members who are also victims of abuse or at risk. You will need to provide their names and relationships to you in Form DV-100 and explain why they need protection.
You can request orders regarding firearms and ammunition in Form DV-100, such as requiring the restrained person to surrender their firearms and ammunition, prohibiting them from purchasing or possessing firearms, or requiring them to sell or store their firearms. The court will consider these requests based on the circumstances of your case.
In Form DV-100, you can request that the court order the person to move out of your shared home. You will need to explain why this is necessary for your safety and well-being. The court will consider factors such as ownership or lease agreements, the presence of children, and the severity of the abuse when making a decision.
In a Domestic Violence Restraining Order (DVRO), the court can make orders regarding child custody and visitation to ensure the safety and well-being of the child(ren) involved. Options include sole custody to one parent, joint custody, supervised visitation, or no visitation, depending on the circumstances and evidence of domestic violence. The court prioritizes the child's best interests and safety.
You can request the court to include your animals in the restraining order for protection. The court can order the restrained party to stay away from the animals, not take, transfer, conceal, harm, or dispose of them. This is because animals can also be victims of domestic violence, and their safety is considered important for the well-being of the protected parties.
A batterer intervention program is a court-ordered program designed to help individuals who have committed domestic violence to change their behavior. If the judge grants a restraining order, they may also order the restrained party to complete such a program as part of the order's conditions. This aims to prevent future violence and protect the victim.
Yes, you can request the court to order the transfer of a wireless phone account into your name as part of the restraining order. This can include the phone number and any financial responsibility for the account. The court may grant this to ensure you have uninterrupted communication access, which is crucial for safety and independence.
If the judge grants the restraining order, automatic orders typically include the restrained party being ordered not to contact, harass, or come near the protected party(ies). They may also include orders to stay away from the protected party's home, workplace, and children's schools. Additional orders can involve custody, visitation, and possibly the surrender of firearms, depending on the case specifics.
To serve the restraining order papers, you must have someone 18 years or older, not involved in the case, deliver the papers to the person you want protection from. This can be a friend, relative, or a professional process server. The server must then fill out a proof of service form to confirm the papers were delivered.
Along with Form DV-100, you may need to complete additional forms depending on your situation. These can include Form DV-110 (Child Custody and Visitation Order Attachment), Form DV-120 (Response to Request for Domestic Violence Restraining Order), and others related to child support, spousal support, or property orders. Check with your local court for specific requirements.
To request child support or spousal support, you must complete additional forms such as Form FL-150 (Income and Expense Declaration) and Form FL-155 (Child Support Information and Order Attachment). These forms should be filed along with your Form DV-100. The court will consider your request during the restraining order hearing.
If you need more time to serve the restraining order papers, you must file a request for extension with the court before your original deadline expires. Explain the reasons for the delay and provide any supporting documentation. The court will decide whether to grant the extension.
For more information about restraining orders and the process, you can visit the official website of your state's judicial branch or contact your local courthouse. Many courts also offer self-help centers or legal aid services to assist with filing and understanding the process.
You can download a printable version of Form DV-100
here.
Compliance DV-100
Validation Checks by Instafill.ai
1
Verifies that the court name and street address are accurately filled in at the top of the form.
Ensures that the court's name and street address are correctly entered at the top of Form DV-100, which is crucial for the document's validity and processing. Confirms the accuracy of this information to prevent any delays or misdirection in the legal process. Verifies that the details match the official records to maintain the form's legal standing. Checks for completeness and correctness to ensure the form is ready for submission.
2
Confirms that the full name, age, and address of the person asking for protection are provided in Section 1.
Validates the presence and accuracy of the full name, age, and address of the petitioner in Section 1, ensuring all necessary personal details are included. Confirms that these details are legible and correctly spelled to avoid any identification issues. Ensures the age is provided to assess the applicability of certain protections. Verifies the address to guarantee the court can communicate effectively with the petitioner.
3
Ensures that the full name, estimated age, date of birth (if known), gender, and race of the person to be protected from are detailed in Section 2.
Checks Section 2 for the complete details of the respondent, including full name, estimated age, date of birth (if known), gender, and race, to ensure accurate identification. Confirms the inclusion of these details to facilitate the legal process and enforcement of the restraining order. Validates the accuracy of the information to prevent any confusion or misidentification. Ensures that all possible identifying details are provided to strengthen the case and protection order.
4
Validates that at least one applicable box describing the relationship with the person to be protected from is checked in Section 3.
Ensures that at least one relationship descriptor box in Section 3 is checked to clarify the nature of the relationship between the petitioner and respondent. Confirms the selection is appropriate and accurately reflects the relationship for legal and protective purposes. Verifies the selection to ensure the court understands the context of the request. Checks for any potential errors or omissions in this critical section.
5
Checks for the indication of any current or recent restraining orders or involvement in other court cases with the person in Section 4.
Validates the disclosure of any current or recent restraining orders or court cases involving the respondent in Section 4, ensuring full transparency. Confirms the accuracy of this information to assess the situation comprehensively. Ensures that all relevant legal history is disclosed to inform the court's decision. Checks for completeness to avoid overlooking any critical details that could impact the restraining order's issuance.
6
Verifies detailed information about the most recent abuse, including dates, witnesses, weapons involved, and harm caused, is provided in Sections 5-7.
Ensures that the form captures comprehensive details about the most recent incident of abuse, including the exact dates, any witnesses present, weapons used, and the nature of harm caused. Confirms that these critical details are accurately filled out in Sections 5 through 7 to provide a clear account of the abuse. Validates that the information is sufficient for the court to understand the severity and circumstances of the abuse. Checks for any inconsistencies or missing information that could affect the restraining order's validity.
7
Confirms if the restraining order is intended to protect others, such as children or family members, and their details are provided in Section 8.
Verifies whether the restraining order extends protection to other individuals, such as children or family members, and ensures their details are thoroughly documented in Section 8. Confirms that the relationship of these individuals to the petitioner is clearly stated to establish their eligibility for protection. Checks for the completeness of information regarding these protected parties to avoid any gaps in the order's coverage. Ensures that the court can clearly identify all individuals the order is intended to safeguard.
8
Ensures that information regarding firearms, firearm parts, or ammunition the person to be protected from has is indicated in Section 9.
Validates that Section 9 accurately reports any firearms, firearm parts, or ammunition in the possession of the individual from whom protection is sought. Confirms the presence of this information is critical for assessing potential risks and determining necessary restrictions. Checks for detailed descriptions of the firearms or related items to ensure the court can enforce specific prohibitions. Ensures that any potential threats posed by access to weapons are adequately addressed in the restraining order.
9
Validates that all desired orders, such as no abuse, no contact, stay-away orders, and move-out orders, are checked in Sections 10-22.
Ensures that the petitioner has clearly indicated all desired protective orders, including no abuse, no contact, stay-away, and move-out orders, in Sections 10 through 22. Confirms that each selected order is appropriate for the situation and provides the necessary level of protection. Checks for any omissions or errors in the selection of orders that could compromise the petitioner's safety. Validates that the court will have a complete understanding of the protections being requested.
10
Checks for any additional orders desired to be considered at the court date, such as payment for expenses caused by abuse, in Sections 23-26.
Verifies if the petitioner is requesting any additional orders to be considered during the court date, such as compensation for expenses incurred due to the abuse, as outlined in Sections 23 through 26. Confirms that these requests are clearly stated and supported by relevant details to facilitate court review. Checks for the completeness and relevance of the information provided to justify the additional orders. Ensures that the court is fully informed of all reliefs sought by the petitioner.
11
Confirms understanding that automatic orders, including attending a batterer intervention program and restrictions on firearms, will apply if the restraining order is granted in Sections 27-31.
Ensures that the requester is fully aware of the automatic orders that will be enforced upon the granting of the restraining order. Confirms comprehension of the mandatory attendance at a batterer intervention program. Verifies acknowledgment of the restrictions placed on firearms. Validates that the requester understands the implications of these orders as outlined in Sections 27-31.
12
Verifies that the form is signed and dated by the person asking for protection, and if applicable, by their lawyer in Sections 33-34.
Checks for the presence of a valid signature and date from the individual seeking protection. Confirms that, if legal representation is involved, the lawyer has also signed and dated the form. Ensures that these signatures are located in the designated Sections 33-34. Validates the authenticity and completeness of the form submission.
13
Ensures that all additional required forms listed on page 13 are completed and submitted to the court.
Verifies the completion and submission of all supplementary forms as specified on page 13. Confirms that no required documentation is missing from the submission. Ensures that the court receives a comprehensive set of documents for processing. Validates that the submission adheres to the court's requirements for a complete application.
14
Confirms that arrangements have been made to serve the forms on the person to be protected from.
Ensures that proper arrangements are in place for the legal serving of the forms to the individual from whom protection is sought. Confirms that the serving process complies with legal standards and timelines. Verifies that the requester understands the importance of this step in the restraining order process. Validates that all procedural requirements for serving the forms are met.
15
Validates that, if asking for child or spousal support, the necessary forms are completed and submitted before the court date.
Checks for the completion and timely submission of forms related to child or spousal support requests. Confirms that these forms are submitted in advance of the court date to ensure consideration. Ensures that the requester is aware of the additional documentation required for support requests. Validates that all support-related forms are properly filled out and submitted according to court procedures.
Common Mistakes in Completing DV-100
Filling in the wrong court information can lead to delays or the form being rejected. It's crucial to verify the correct court name, address, and case number before submission. Double-checking this information against official court documents or websites ensures accuracy. Always confirm the jurisdiction to avoid processing errors.
Omitting or providing incomplete personal details can invalidate the form or delay the restraining order process. Ensure all required fields, such as full legal name, address, and contact information, are filled out accurately. Review the form for any blank sections before submission. Providing complete information helps the court process your request efficiently.
Providing incorrect information about the individual you seek protection against can compromise the effectiveness of the restraining order. Accurate details, including their full name, address, and relationship to you, are essential. Verify all information for correctness to ensure the court can properly identify the person. This accuracy is critical for the enforcement of the order.
Failing to check the correct relationship boxes can lead to misunderstandings about the nature of the relationship in question. Carefully review each option and select all that apply to your situation. This information is vital for the court to understand the context of your request. Ensure all relevant boxes are marked to avoid unnecessary delays.
Not disclosing existing or previous restraining orders and court cases can affect the current request's outcome. Full transparency about any related legal matters is required for the court to make an informed decision. Include all relevant case numbers and details to provide a complete picture. Omitting this information may lead to legal complications or denial of the request.
Failing to provide detailed and specific descriptions of the abuse can weaken the case. It's crucial to include dates, times, and detailed accounts of incidents to substantiate the claims. Avoid using general terms without context. Providing clear, concise, and factual information helps the court understand the severity and frequency of the abuse.
Neglecting to list all individuals who need protection can leave them vulnerable. It's important to include names, relationships, and any relevant details about each person requiring protection. This ensures the court can extend the restraining order's coverage appropriately. Overlooking this detail can result in unprotected individuals facing potential harm.
Failing to disclose whether the abuser possesses firearms can have serious safety implications. The court needs this information to consider additional restrictions or orders regarding firearm possession. Accurate disclosure is essential for the safety of all parties involved. Omitting this information may limit the court's ability to provide comprehensive protection.
Selecting inappropriate or incorrect orders can lead to inadequate protection or unnecessary restrictions. Carefully review each option to ensure the selected orders match the specific needs and circumstances of the case. Consulting with a legal professional can help clarify any uncertainties. Proper selection is critical for obtaining the necessary legal protections.
Overlooking the opportunity to request additional orders for the court date can result in missed protections. These sections allow for specific requests related to the upcoming court proceedings. It's important to thoroughly review and complete these sections to address all concerns. Failing to do so may require additional filings or hearings to address overlooked issues.
Many individuals fail to review or understand the automatic orders detailed in Sections 27-31 of Form DV-100, which can lead to unintentional violations. These orders are crucial as they outline immediate restrictions and protections upon filing. To avoid this, carefully read each section and consider consulting with a legal professional to ensure full comprehension. Ignoring these orders can result in legal consequences, so it's imperative to acknowledge and adhere to them from the moment of filing.
A frequent oversight is neglecting to sign and date the form in the designated Sections 33-34, rendering the document invalid. This step is a legal requirement to authenticate the petitioner's request for a restraining order. Always double-check the form before submission to ensure all necessary signatures and dates are present. An unsigned form may delay the legal process or require resubmission, causing unnecessary stress and potential risk.
Page 13 of Form DV-100 lists additional documents that must be completed alongside the main form, which are often missed. These forms are essential for providing the court with comprehensive information to make an informed decision. Review page 13 thoroughly and complete all listed forms to avoid delays in your case. Missing documents can lead to the rejection of your request or a prolonged legal process.
Serving the forms on the individual from whom protection is sought is a critical step that is sometimes overlooked. Proper service ensures the respondent is legally notified of the restraining order request, which is necessary for the order to be enforceable. Utilize a professional process server or follow your jurisdiction's guidelines for service to ensure it's done correctly. Failure to serve the forms properly can invalidate the restraining order or delay its enforcement.
Printing Form DV-100 on a public computer without clearing the form afterwards can compromise personal and sensitive information. This oversight poses a significant privacy risk, as subsequent users may access your data. Always ensure to log out of any accounts, clear the browser history, and delete any saved files after printing. Protecting your personal information is crucial, especially in sensitive legal matters like domestic violence cases.
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