If you want to change (modify) or end (terminate) any of the orders made by the court in the Restraining Order After Hearing (CLETS- OAH)(Form DV-130) you have to file a request in court before date that the Restraining Order expires. You can do this if you are the person protected by the order or the person restrained by the order. If the other side has filed a request to change or end the restraining order, click for instructions on how to respond.
Asking to Change or End a Restraining Order After Hearing
1. Read How Do I Ask to Change or End a Domestic Violence Restraining Order After Hearing? (Form DV-400-INFO)
2. Fill out your court forms.
Fill out:
- Request for Order (Form FL-300). Follow the instructions on Page 2 of Form DV-400-INFO.
To ask to change the child custody or visitation (parenting time) orders, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105). Also fill out any of the following forms that apply to your case:
- Child Custody and Visitation (Parenting Time) Application and Attachment (Form FL-311);
- Request for Child Abduction Prevention Orders (Form FL-312)
- Children’s Holiday Schedule Attachment (Form FL-341(C))
- Additional Provisions—Physical Custody Attachment (Form FL-341(D))
- Joint Legal Custody Attachment (Form FL-341(E))
To ask to change the child support orders, fill out:
- Current Income and Expense Declaration (Form FL-150). You can fill out a Financial Statement (Simplified) (Form FL-155) instead if you meet the requirements on page 2 of form FL-155.
To ask to change the spousal or partner support orders (or orders about your finances), fill out:
- Current Income and Expense Declaration (Form FL-150).
To ask for orders for attorney’s fees and costs, fill out:
- Current Income and Expense Declaration (Form FL-150);
- Request for Attorney’s Fees and Costs Attachment (Form FL-319) (or provide the same information in a declaration); and
- Supporting Declaration for Attorney’s Fees and Costs (Form FL-158) (or provide the same information in a declaration).
If you plan on having a witness testify at the hearing, you will also need:
- Witness List (Form FL-321).
If you want to ask for Temporary Emergency (Ex Parte Orders) to deal with an emergency, read page 3 of Form DV-400-INFO.
3. Have your forms reviewed.
If your court’s family law facilitator or self-help center helps people with restraining order issues, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
4. Make at least3 copies of all your forms.
Two copies will be for you, one copy will be for the other person. The original is for the court.
5. Take your forms to the court clerk.
Take your original plus copies of all your forms to the court clerk. The clerk will keep the original and return the copies to you, with a court date and time stamped on the first page of the Request for Order (Form FL-300).
- Generally, there is no filing fee to file a request to change or end a Restraining Order After Hearing. But, if the restraining order has ended and you are trying to change the child custody, visitation, or support orders, you may have to pay a filing fee. If you cannot afford to pay the fee, ask for a fee waiver.
6. Serve the other party.
Have someone (NOT you) serve the other party with a copy of your filed papers and a blankResponsive Declaration to Request for Order(Form FL-320) (and a blank Income and Expense Declaration (Form FL-150) if you filed Form FL-150 or FL-155).
Read page 3 of Form DV-400-INFO to find out if your papers must be served in person or by mail and to get more information on service, including service on a protected person with a confidential address with the Safe at Home program.
7. File your proof of service.
Have your server fill out a proof of service (you can useProof of Personal Service (Form FL-330) and give it to you so you can file it with the court. It is very important that your server fills out the Proof of Service correctly. Give your server Information Sheet for Proof of Personal Service (Form FL-330-INFO) for instructions.
If youwere allowed to, and did, have the papers served by mail, have your server fill out theProof of Service by Mail(Form FL-335). Give your server Information Sheet for Proof of Service by Mail (Form FL-335-INFO) for instructions.
If possible, have your court’s family law facilitator or self-help center review it to make sure it was filled out properly.
8. Go to your court hearing.
Take your copies of all your papers to your court hearing, including a copy of your proof of service. At the hearing, the judge will decide whether or not to change or end the restraining orders.
SeeGoing to Courtto read more information about how to prepare for your court hearing.
9. After the hearing:
If the judge changes the restraining order:
- Fill out a new Restraining Order After Hearing(Form DV-130), that shows the changed orders. Check the “Amended” box on the top of the form.
- Give the court 3 copies of your proposed amended order.
- If the clerk prepares this order instead, review it carefully to make sure it matches what the judge ordered.
- The judge will sign the new order and the clerk will keep the original and return the copies to you stamped "Filed."
If the judgeends the restraining order:
- Fill out items 1 and 2 of the Findings and Order to Terminate Restraining Order After Hearing (Form DV-400), make 3 copies of the form, and turn them in to the clerk.
- If the clerk prepares this order instead, review it carefully to make sure it matches what the judge ordered.
- The judge will sign the new order and the clerk will keep the original and return the copies to you stamped "Filed."
Once you have your filed amended Form DV-130 or your Form DV-400:
- You must have the other party served in person with a copy. If the other party was served at the hearing, you do not have to serve him or her in person.
- Have your server fill out a Proof of Personal Service (Form FL-330). Make 3 copies.
- File the Proof of service with the clerk. The clerk will keep the original and return the copies to you, stamped “Filed.” Keep one copy with you and another in a safe place, in case you need to show it to the police.
- The court will send the filed amended DV-130 or the DV-400 and proof of service to law enforcement. That way, police across the country will know the order was changed or ended.
Answering a Request to Change or End a Restraining Order After Hearing
If the other party in your restraining order case has asked the court to change or end any orders made in the Restraining Order After Hearing (Form DV-130) in your case, you can respond to the request if you disagree with any part of it.
To respond:
1. Read ReadInformation Sheet: Responsive Declaration to Request for Order (Form FL-320-INFO).
2. Fill out your court forms.
Fill out:
- Responsive Declaration to Request for Order(Form FL-320).
If the other side asked to ask to change the child custody or visitation (parenting time) orders, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105). Also fill out any of the following forms that apply to your case (you can also just fill out the same forms the other side filled out):
- Child Custody and Visitation (Parenting Time) Application and Attachment (Form FL-311);
- Request for Child Abduction Prevention Orders (Form FL-312)
- Children’s Holiday Schedule Attachment (Form FL-341(C))
- Additional Provisions—Physical Custody Attachment (Form FL-341(D))
- Joint Legal Custody Attachment (Form FL-341(E))
If the other side asked to change the child support orders, fill out:
- Current Income and Expense Declaration (Form FL-150). You can fill out a Financial Statement (Simplified) (Form FL-155) instead if you meet the requirements on page 2 of form FL-155.
If the other side asked to change the spousal or partner support orders (or orders about your finances), fill out:
- Current Income and Expense Declaration (Form FL-150).
To ask for orders for attorney’s fees and costs, fill out:
- Current Income and Expense Declaration (Form FL-150);
- Request for Attorney’s Fees and Costs Attachment (Form FL-319) (or provide the same information in a declaration); and
- Supporting Declaration for Attorney’s Fees and Costs (Form FL-158) (or provide the same information in a declaration).
If you plan on having a witness testify at the hearing, you will also need:
- Witness List (Form FL-321).
3. Have your forms reviewed.
If your court’s family law facilitator or self-help center helps people with restraining order issues, ask them to review your paperwork. They can make sure you filled it out properly before you file your response.
4. Make at least3 copies of all your forms.
Two copies will be for you, one copy will be for the other person. The original is for the court.
5. Take your forms to the court clerk.
Take your original plus copies of all your forms to the court clerk. The clerk will keep the original and return the copies to you.
- Generally, there is no filing fee to file a response to a request to change or end a Restraining Order After Hearing. But, if the restraining order has ended and the other person is trying to change the child custody, visitation, or support orders, you may have to pay a filing fee. If you cannot afford to pay the fee, ask for a fee waiver.
6. Serve your papers on the other party.
Have someone (NOT you) serve the other party with a copy of your Responsive Declaration to Request for Order(Form FL-320) and any other papers you attached at least 9 days before the hearing, unless the court ordered a different time for service (check the Request for Order (Form FL-300 for this information).
You can have this form served on the other party before the clerk stamps it — just make sure you do not serve the original. Find out more about “service of process.”
7. File your proof of service.
Have the server (person who served your papers) fill out a proof of service form. The server should fill outProof of Personal Service (Form FL-330) ) if he or she served the other party in person. Or fill outProof of Service by Mail(Form FL-335) if he or she served the other party by mail.
If possible, have your court’s family law facilitator or self-help center reviewthe Proof of Serviceto make sure it was filled out properly.
Next, you must file the Proof of Service with the clerk. (If you had the other party served with an unstamped copy of the Responsive Declaration, you can file the original of the Responsive Declaration and attachments together with the Proof of Service.)
8. Go to your court hearing.
Take your copies of all your papers to your court hearing, including a copy of your proof of service. At the hearing, the judge will decide whether or not to change or end the restraining orders.
SeeGoing to Courtto read more information about how to prepare for your court hearing.
9. After the hearing:
If the judge changes the restraining order: There will be a new Restraining Order After Hearing(Form DV-130), that shows the changed orders. Keep this order with you at all times. It is your new restraining order.
If the judgeends the restraining order: You will receive a Findings and Order to Terminate Restraining Order After Hearing (Form DV-400) showing that the restraining order was ended.
Once you have your filed amended Form DV-130 or your Form DV-400: The court will send the filed amended DV-130 or the DV-400 and proof of service to law enforcement. That way, police across the country will know the order was changed or ended.
