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

Asked about 2 years ago - 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)

  1. Timothy Miranda

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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.

  2. Adam Laurence Pearlman

    Contributor Level 12

    Answered . 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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