Free DV-520-INFO Get Ready for Your Hearing (For Protected Person) (Domestic Violence Prevention) - California

DV-520-INFO Get Ready for Your Hearing (For Protected Person)
Be prepared.
· Bring documents that support your case (police or medical reports, rental agreements or receipts, photos, bills, etc.). Bring 2 copies of all documents and filed forms, including the Proof of Service. · You can bring a friend or relative (a "support" person), but that person must not talk for you in court. · You can bring a witness to help support your case. Witnesses may or may not be permitted to testify. But you can bring a written statement of what the witness saw or heard. You must file and serve witness statements at the same time that you file Forms DV-100 and DV-110. · Most courtrooms do not allow children. Ask if there is a children's waiting room in the courthouse.

Don't miss your hearing!
If you miss it, the restraining orders will end and you will have to start from the beginning.

Get there 30 minutes early.
· · · · · · Find the courtroom. When the courtroom opens, go in and tell the clerk or officer that you are present. If you are afraid of the restrained person, tell the officer. Watch the other cases so you will know what to do. When your name is called, go to the front of the courtroom. Your hearing may last just a few minutes or up to an hour or more. However, you may be at court several hours, depending on the number of other cases.

What if you don't speak English?
When you file your papers, tell the clerk you will need an interpreter. If a court interpreter is not available, bring someone to interpret for you. Do not ask a child, a protected person, or a witness to interpret for you.

What if you are deaf or hard of hearing?
Requests 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 proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Order (Form MC-410). (Civil Code, § 54.8.)

Practice what you want to say.
Make a list of the orders you want and practice saying them. Do not take more than 3 minutes to say what you want. If you get nervous at the hearing, just read from your list. Use that list to see if the judge has made every order you asked for.

The judge may ask questions.
· · · · · · · Tell the truth. Speak slowly. You can read from your list. The restrained person or his or her lawyer may also ask you questions. Give complete answers. If you don't understand, say "I don't understand the question." If the restrained person lies in court, wait until he or she finishes talking. Then tell the judge. Speak only to the judge unless it is your turn to ask questions. When people are talking to the judge, wait for them to finish. Then you can ask them questions about what they said. Get Ready for Your Hearing (For Protected Person)
(Domestic Violence Prevention)
DV-520-INFO, Page 1 of 2

Judicial Council of California, www.courtinfo.ca.gov Revised July 1, 2007

DV-520-INFO Get Ready for Your Hearing (For Protected Person)
The judge will decide.
· At the hearing, the judge will consider whether denial of any orders will risk your safety or the safety of children for whom you are requesting custody, visitation, or child support. The judge will also consider safety concerns about your financial needs and the children's. · At the end of the hearing, the judge will say what the orders are. · Make sure your Form DV-130 says what the judge has ordered. Sometimes the clerk fills out the form for you. If not, fill it out yourself. If you filled it out before the hearing, you may have to make changes. · Review it and make sure you understand. If anything is wrong or missing, tell the clerk right away. · If the judge makes the orders, the judge will sign your Form DV-130. Take it to the clerk to file it. The clerk will give you up to 5 copies.

The judge may "continue" your case.
This means you have to come back another day. The judge can do this if: · The restrained person needs time to get a lawyer or prepare an answer · The judge wants more information · Your hearing is taking longer than planned Ask the judge to extend the temporary orders until the new hearing date. Ask the clerk for the forms you need.

What about child custody or visitation?
· If you need child custody or visitation orders, the judge will send you to mediation. Mediation helps parents agree on a plan for custody and visitation that is best for the children. · If you are sent to mediation, the judge may make your restraining, custody, and visitation orders last until the next hearing or until another court order. · Either parent can ask to meet with the mediator separately. You can bring a support person with you to mediation. A support person can provide emotional support but cannot speak for you.

What happens after the hearing?
· Ask the clerk if the court will fill out Form DV-130 for you. If not, fill it out. · If the judge makes the orders, go to the clerk and file Form DV-130. The clerk will send it to law enforcement or CLETS for you. CLETS is a statewide computer system that lets police know about the order. · If the restrained person was at the hearing, you can have him or her served with a copy of Form DV-130 by mail. Ask the server to complete Form DV-250 and give it back to you after he or she mails Form DV-130. · If the restrained person was not at the hearing, but the judge's orders are the same as the temporary order, you can have him or her served with a copy of DV-130 by mail. Ask the server to complete Form DV-250 and give it back to you. · If the restrained person was not at the hearing, and the judge's orders are different from the temporary order, you must have someone serve Form DV-130 in person, not by mail. Ask the server to complete Form DV-200 and give it back to you.

Remember: You and other protected people cannot serve the orders.
The sheriff or marshal will serve the orders for free. Ask the court clerk what you need to do.

Revised July 1, 2007

Get Ready for Your Hearing (For Protected Person)
(Domestic Violence Prevention)

DV-520-INFO, Page 2 of 2