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Which form should I use to ask for restraining order if I have a active case in court ?

San Francisco, CA |

My Ex has already filed for RO and a temporary RO is granted. The hearing date is in 4 weeks,In addition to his response, I am going to file a RO against him myself as well, as he was the main aggressor.
should I only file DV-100 ? or DV-100 and DV-110 together? If I file DV-110 as well will I have a seperate hearing and should I appear in court before the original hearing? My impression is that only DV-100 should be enough in my case , am I correct?

Attorney Answers 2

Posted

Go to court well in advance of the scheduled hearing, and file both forms concurrently. If your ex parte request is granted, the judicial officer will sign the DV-110 order.

Provide the clerk with the case number of the existing DVTRO, tell them that you are seeking your own DVTRO against that party, and that your request shall operate as your "response." The hearing on both requests will be consolidated for the currently-scheduled hearing date.

Per statute, the date of the hearing must be 21-25 days after the issuance of the DVTRO, not 4 weeks, and personal service must be effectuated upon the restrained party at least 5 days prior to the hearing.

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Posted

I have already filed my response and we had one hearing and judge was inclined to give a mutual RO but since I did not ask for it they scheduled for another hearing to give me time file my request as well

Posted

You will need to file the DV 100 asap. You will also need to complete the DV 110 and bring it with you to court to request the TRO pending the hearing.

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