Stanislaus — Request to Continue Hearing of Temporary Restraining Order Packet

Source: https://www.stanislaus.courts.ca.gov/system/files/forms-and-filings/dv-request-continue-hearing-tro.pdf

STANISLAUS COUNTY SUPERIOR COURT Street Address: 1100 I Street, Modesto, CA 95353 Mailing Address: P.O. Box 1098, Modesto, CA 95354 Self Help Center: 800 11th Street, Room 220, Modesto, CA 95353 (PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES)

Revised 1/2024

REQUEST TO CONTINUE HEARING OF TEMPORARY RESTRAINING ORDER PACKET

All documents must be typed or printed legibly per Rules of Court 2.104, in blue or black ink.

This packet includes the necessary forms to file a reissuance of a temporary restraining order.

Judicial Council forms, local forms and information are available in the Clerk’s Office, the Stanislaus County Law Library located at 1101 13th Street, Modesto, and on the following Websites: Stanislaus County Superior Court: www.stanislaus.courts.ca.gov Judicial Council’s Self Help: www.courts.ca.gov/selfhelp.htm Judicial Council Forms: www.courts.ca.gov/formsrules.htm

REQUIRED FORMS: • DV-115 Request to Continue Court Hearing • DV-116 Order on Request to Continue Hearing • DV-200 Proof of Personal Service

NOTES: Please attach a copy of the previously filed Request for Order (DV-100) and Temporary Restraining Orders (DV-110) to the DV-115 when submitting to Court. The restrained party MUST be served with the file marked Request to Continue Court Hearing and Reissue Temporary Restraining Order (DV-115), Notice of New Hearing and Order on Reissuance (DV-116) and a copy of the Request for Order and Temporary Restraining Order (DV-100 and DV-110).

After the restrained party has been served, you MUST file an DV-200 Proof of Personal Service. Neither the protected person nor any other person named in these orders can serve the papers on the restrained party.

DV-115-INFO How to Ask for a New Hearing Date

1 You may need to ask for a new court date if: You are the protected party and are unable to have form DV-109, Notice of Court Hearing, and other papers served in time before your court date. You are the restrained party and it is your first time asking the court to reschedule your court date. You have a good reason for needing a new court date (the court may grant a request to reschedule your court date on a showing of "good cause").

2 What does form DV-115 do?

Use form DV-115 to ask the court to reschedule your court date. If your court date is rescheduled and a Temporary Restraining Order (form DV-110) was granted, that order will be extended until the end of your new court date, unless the court decides to modify or terminate it. “Extend” means to keep any temporary orders in effect until the new court date.

3 Follow these steps:

Fill out all of form DV-115. Fill out items 1 through 2 on form DV-116, Order on Request to Continue Hearing.

The judge will need to review your papers. In some courts, you must give your papers to the clerk. Ask the court clerk for information on how you ask the judge to review your papers. After you turn in your forms as required by your local court, check with the clerk’s office to see if the judge approved (granted) your request to reschedule your court date. If the judge signed form DV-116, you will have a new court date. If the judge did NOT sign the form, you should go to court at the date, time, and location that is on form DV-109. Next, file both forms DV-115 and DV-116 with the clerk. The clerk will make up to three file-stamped copies for you. Keep at least one copy to bring to your court date. The other party must be served a copy of the court papers as described in item 6 on form DV-116. Ask the person who serves the papers to complete a proof of service form and give it to you. If service was in person, use form DV-200, Proof of Personal Service. If service was by mail, use form DV-250, Proof of Service by Mail. Make two copies of the completed forms. File the completed and signed proof of service form with the clerk’s office before your court date. If the court reschedules your court date and extends the expiration date of the temporary restraining order to the end of your new court date, the clerk will send the restraining order to law enforcement or CLETS for you. CLETS is a statewide computer system that lets police know about the order.

4 Go to your court date Take at least two copies of your documents and filed forms to your court date. Include a copy of the filed proof of service form.Your documents may include exhibits, declarations, and financial statements, and the court may enter them into evidence at its discretion. If the protected party does not go to the court date, the temporary domestic violence restraining orders will expire on the date and time of the court date. If the restrained party does not go to the court date, the court can still make orders against them that can last for up to five years.

5 Need help?

Ask the court clerk about free or low-cost legal help. For a referral to a local domestic violence or legal assistance program, call the National Domestic Violence Hotline: 1-800-799-7233 (TDD: 1-800-787-3224). It’s free and private. They can help you in more than 100 languages.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Optional Form How to Ask for a New Hearing Date DV-115-INFO, Page 1 of 1 Family Code, § 245 (Domestic Violence Prevention)

Clerk stamps date here when form is filed. DV-115 Request to Continue Hearing

Instructions: Use this form to ask the court to reschedule the court date listed on form DV-109, Notice of Court Hearing. Read form DV-115-INFO, How to Ask for a New Hearing Date, for more information.

1 My Information

a. My name is:
Fill in court name and street address:

Superior Court of California, County of
b. I am the: STANISLAUS
1100 I STREET (1) Protected party (skip to 2 ). P.O. BOX 1098
MODESTO, CA 95353
(2) Restrained party (give your contact information below).

Address where I can receive mail:
This address will be used by the court and other party to notify Fill in case number:
you in this case. If you want to keep your home address private, Case Number:
you can use another address like a post office box or another
person's address, if you have their permission. If you have a
lawyer, give your lawyer's address and contact information.

Address:

City: State: Zip:

My contact information (optional):

Telephone: Fax:

Email Address:

Lawyer s information (skip if you do not have one):

Name: State Bar No.:

Firm Name:

2 Information About My Case

a. The other party in this case is (full name):

b. I have a court date currently scheduled for (date):

This is not a Court Order.

Judicial Council of California, www.courts.ca.gov Request to Continue Hearing DV-115, Page 1 of 2 Revised January 1, 2020, Mandatory Form (Temporary Restraining Order) Family Code, § 245, Approved by DOJ (Domestic Violence Prevention)

Case Number:

3 Is a Temporary Restraining Order in effect? Yes. Date the order was made, if known: Please attach a copy of the order if you have one.

No.

I don't know.

Notice: If your court date is rescheduled, the Temporary Restraining Order (form DV-110) will remain in effect until the end of the new court date, unless otherwise ordered by the court.

4 Why does your court date need to be rescheduled?

a. I am the person asking for protection, and I need more time to have the restrained party personally served.

b. I am the restrained party, and this is my first request to reschedule the court date.

c. Other reason:

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:

Type or print your name Sign your name

Date:

Lawyer's name, if you have one Lawyer's signature

Revised January 1, 2020 Request to Continue Hearing DV-115, Page 2 of 2 (Temporary Restraining Order) (Domestic Violence Prevention)

Order on Request to Clerk stamps date here when form is filed. DV-116 Continue Hearing

(Complete 1 and 2 only. The court will complete the rest of this form.)

1 Protected Party:

2 Restrained Party:

3 Next Court Date a. The request to reschedule the court date is denied. Fill in court name and street address: Superior Court of California, County of Your court date is: STANISLAUS 1100 I STREET (1) Any Temporary Restraining Order (form DV-110) already P.O. BOX 1098 granted stays in full force and effect until the next court date. MODESTO, CA 95353 (2) Your court date is not rescheduled because:

Fill in case number:
Case Number:

b. The request to reschedule the court date is granted. The new court
date is listed below. See 4 - 9 for more information.
Name and address of court, if different from above:
New
Court Date: Time:
Date Dept.: Room:

4 Option to Attend Court Hearing By Phone or Videoconference You may attend your court date remotely, such as by phone or videoconference. For more information, go to the court's website for the county listed above. To find the court's website go to: www.courts.ca.gov/find-my-court.htm.

5 Temporary Restraining Order a. There is no Temporary Restraining Order (TRO) in this case until the next court date because:

(1) A TRO was not previously granted by the court.

(2) The court terminates (cancels) the previously granted TRO because:

b. A Temporary Restraining Order (TRO) is in full force and effect because: Warning and Notice to (1) The court extends the TRO previously granted on (date): the Restrained Party: If 5 b is checked, a It now expires on (date): (If no expiration date domestic violence is listed, the TRO expires at the end of the court date listed in 3 b). restraining order has been issued against you. You (2) The court changes the TRO previously granted and signs a new TRO (form must follow the orders DV-110). until they expire. c. Other (specify):

This is a Court Order.

Judicial Council of California, www.courts.ca.gov Rev. January 1, 2023, Mandatory Form Order on Request to Continue Court Hearing DV-116, Page 1 of 3 Family Code, § 245 (Temporary Restraining Order) (CLETS-TRO) (Domestic Violence Prevention)

Case Number:

6 Reason Court Date Is Rescheduled

a. There is good cause to reschedule the court date (check one):

(1) The protected party has not served the restrained party.

(2) Other (explain):

b. This is the first time that the restrained party has asked for more time to prepare.

c. The court reschedules the court date on its own motion.

7 Serving (Giving) Order to Other Party

The request to reschedule was made by the:
a. Protected party b. Restrained party c. Court

(1) You do not have to serve the (1) You do not have to serve the (1) Further notice is not required.
restrained party because they protected party because they
or their lawyer were at the or their lawyer were at the
court date or agreed to court date or agreed to
reschedule the court date. reschedule the court date.

(2) You must have the restrained (2) You must have the protected (2) The court will mail a copy of
party personally served with a party personally served with a this order to all parties by
copy of this order and a copy copy of this order by (date):
of all documents listed on (date):
form DV-109, item 6 , by
(date):

(3) You must have the restrained (3) You must have the protected (3) Other:
party served with a copy of party served with a copy of
this order. This can be done this order. This can be done
by mail. You must serve by by mail. You must serve by
(date): (date):

(4) The court gives you (4) Other:
permission to serve the
restrained party as listed on
the attached form DV-117.

(5) Other:

This is a Court Order.

Rev. January 1, 2023 Order on Request to Continue Court Hearing DV-116, Page 2 of 3 (Temporary Restraining Order) (CLETS-TRO) (Domestic Violence Prevention)

Case Number:

8 No Fee to Serve The sheriff or marshal will serve this order for free. Bring a copy of all the papers that need to be served to the sheriff or marshal.

9 Other Orders

10 Attached pages (All of the attached pages are part of this order.)

a. Number of pages attached to this three-page form:

b. Attachments include forms (check all that apply):
DV-110 DV-820 Other:

Judge's Signature

Date: Judge or Judicial Officer

Request for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services
are available if you ask at least five days before the hearing. Contact the clerk’s office or go to
www.courts.ca.gov/forms.htm for Disability Accommodation Request (form MC-410). (Civil Code
section 54.8.)

Instructions to Clerk

If the hearing is rescheduled and the court extended, modified, or terminated a temporary restraining order, then the
court must enter this order into CLETS or send this order to law enforcement to enter into CLETS. This must be
done within one business day from the day the order is made.

—Clerk’s Certificate—

I certify that this Order on Request to Continue Hearing (Temporary Restraining
Clerk’s Certificate Order) (CLETS-TRO) (form DV-116) is a true and correct copy of the original on file
in the court.
[seal]

Date: Clerk, by: , Deputy

This is a Court Order.

Rev. January 1, 2023 Order on Request to Continue Court Hearing DV-116, Page 3 of 3 (Temporary Restraining Order) (CLETS-TRO) (Domestic Violence Prevention)

DV-200-INFO What Is "Proof of Personal Service"?

What is "service"? How do I have my court papers served?

Service is the act of giving your court papers to the other Step 1: Choose a server party in your case. There are different ways to serve the The person who gives your court papers to the other other party: in person, by mail, and others. party is called a server. Your server must be at least 18-years-old. They must not be protected by theWhy do I have to serve my legal papers? restraining order or involved in your case. This Before a judge can grant a domestic violence restraining means that you cannot serve your own court papers. order (that can last up to five years), the person you want a restraining order against must know about your Step 2: Have your server give your court papers request and have a chance to go to court to explain their to the other party side. Also, if a restraining order is in place, the police cannot arrest the restrained person for violating the Give your server these instructions: restraining order until the restrained person is served 1 Before you serve the forms, note which forms with the order. you have, including the name of the form and the form number. See form DV-200 for a list What is "personal service"? of forms. Personal service is when someone, 2 Find the person you need to serve. Make sure known as a server, personally delivers you are serving the right person by asking the your court papers to the other party. person's name.

In most cases, these forms must be served to the other 3 Give the person the papers. If the person refuses party by personal service: to take the papers, put them on the ground or somewhere next to the person. The person Form DV-109; doesn't have to touch or sign for the papers. Form DV-100; It is okay if they tear them up.

Form DV-110; 4 Fill out form DV-200 completely and sign.

Form DV-120 (leave this form blank); 5 File form DV-200 with the court or give form DV-200 to the person who is asking for the Form DV-120-INFO; and restraining order so they can file it. Form DV-250 (leave this form blank). Step 3: File proof with the court Who can serve? The court needs proof that service happened and Any adult who is not protected by the restraining order that it was done correctly. If your server was can serve your court papers. You cannot serve your successful, have your server fully complete and sign own court papers. form DV-200. The person you want restrained does not sign anything. Some situations may be dangerous. Think about Take form DV-200 to the court to file in your case as people's safety when deciding who you want to soon as possible. This information will automatically serve your papers. go into a restraining order database that police have access to. A sheriff or marshal will serve your court papers for free. A registered process server is a business you pay to If the sheriff or marshal served your court papers, deliver papers. To hire a process server, look for they may use another form for proof besides form "process server" on the internet or in the yellow pages. DV-200. Make sure a copy is filed with the court and that you get a copy.

Judicial Council of California, www.courts.ca.gov What Is "Proof of Personal Service"? DV-200-INFO, Page 1 of 2 Revised January 1, 2020, Optional Form (Domestic Violence Prevention)

DV-200-INFO What Is "Proof of Personal Service"?

When is the deadline to serve my What happens if I can't get my court court papers? papers served before the court date?

It depends. To know the exact date, you need to look at You will need to ask the court to reschedule (continue) two items on form DV-109. Follow these steps: your court date. Fill out and file form DV-115 and form DV-116. These forms ask the judge for a new court date Step 1: Look at the court date listed under 3 and to make any temporary orders last until the end of on page 1. the new court date.

If the judge gives you a new court date, the person you
want restrained will have to be served with form
DV-116, form DV-115, and the original papers you
filed. You should keep a copy of form DV-115, form
DV-116, and a copy of your original paperwork. That
way, the police will know your orders are still in effect.

For more information on asking for a new court date,
read form DV-115-INFO.

What if the other party is Step 2: Look at the number of days written in 6
avoiding (evading) service? on page 2.
If you've tried many times to serve the restrained
person, and you can show the judge that the restrained
person is avoiding (evading) service, you may ask the
court to allow you to serve another way. If you want
to make this request, at your first court date tell the
judge details about your attempts to have the restrained
person served. The judge may require a written
statement for this.

Read form DV-205-INFO, What if the Person I Want
Protection From is Avoiding (Evading) Service?, for

Step 3: Look at a calendar. Subtract the number of more information. days in 6 from the court date. That's the deadline to have your court papers served. It's okay to serve your court papers before the deadline.

If nothing is written in 6 , you must have your

court papers served at least five days before your court date.

Revised January 1, 2020, Optional Form What Is "Proof of Personal Service"? DV-200-INFO, Page 2 of 2 (Domestic Violence Prevention)

DV-200 Proof of Personal Service Clerk stamps date here when form is filed.

1 Name of Party Asking for Protection:

2 Name of Party to Be Restrained:

3 Notice to Server The server must: Be 18 years of age or older. Not be listed in items 1 or 8 of form DV-100, Request for Domestic Fill in court name and street address: Violence Restraining Order. Superior Court of California, County of STANISLAUS Give a copy of all documents checked in 4 to the restrained party in 2 1100 I STREET (You cannot send them by mail). Then complete and sign this form, P.O. BOX 1098 and give or mail it to the person in 1 .

4 I gave the party in 2 a copy of all the documents checked: Court clerk fill in case number when form is filed. a. DV-109 with DV-100 and a blank DV-120 (Notice of Court Case Number: Hearing; Request for Domestic Violence Restraining Order; blank Response to Request for Domestic Violence Restraining Order) b. DV-110 (Temporary Restraining Order) c. DV-105 and DV-140 (Request for Child Custody and Visitation Orders, Child Custody and Visitation Order) d. FL-150 with a blank FL-150 (Income and Expense Declaration) e. FL-155 with a blank FL-155 (Financial Statement (Simplified)) f. DV-115 (Request to Continue Hearing) g. DV-116 (Order on Request to Continue Hearing) h. DV-130 (Restraining Order After Hearing) i. Other (specify): 5 I personally gave copies of the documents checked above to the party in 2 on: a. Date: b. Time: a.m. p.m. c. At this address: City: State: Zip: 6 Server's Information Name: Address: City: State: Zip: Telephone: (If you are a registered process server): County of registration: Registration number:

7 Server's Signature I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date:

Type or print server's name Server to sign here

Judicial Council of California, www.courts.ca.gov DV-200, Page 1 of 1Revised January 1, 2023, Optional Form Proof of Personal Service (CLETS) Family Code, §§ 243, 245, and 6345 (Domestic Violence Prevention)