If you are looking at Form DV-109 because you filed for a domestic violence restraining order, or because you were served with paperwork asking a court to restrain you, this notice tells you the single most important date in the case: when to be in court.
If you are in immediate danger, call 911. If you need to talk to someone about abuse at any hour, the National Domestic Violence Hotline is available at 1-800-799-7233, or text START to 88788. Court self-help centers and local domestic violence advocates can also help you understand this notice and what to expect at the hearing.
Form DV-109, Notice of Court Hearing (Domestic Violence Prevention), is the California Judicial Council form that tells both people in a domestic violence restraining order case the date, time, and courtroom for the hearing. This guide explains what it says, who fills it out, and how it fits together with DV-100 and DV-110. It is general information only, not legal advice, and it does not replace a conversation with an advocate, a self-help center, or an attorney about your specific situation.
<h2 id="what-is-dv-109">What Is Form DV-109?</h2>Form DV-109 is the notice that tells a restrained person, and the protected person, when and where the hearing will take place in a domestic violence restraining order case. It is filed together with Form DV-100, the request that starts the case, and it commonly accompanies Form DV-110, the temporary order a judge can sign while the case is pending.
There is no filing fee for a domestic violence restraining order case in California, and that includes DV-109 and the other forms filed to start and schedule it.
The person asking for protection, generally called the petitioner, fills in only two things on DV-109: their own name (item 1) and the name of the person they are asking the court to restrain (item 2). Everything else on the form, including the hearing date, time, department, courtroom, and whether a temporary restraining order was granted, is completed by the court clerk after the case is filed.
It can be tempting to fill in the hearing details yourself, especially if you feel anxious to get the case moving, but the sections reserved for the court should stay blank until the clerk completes them. Filling those sections in yourself can create confusion at the clerk's window and slow down your filing.
If you are unsure which items are yours to complete, a court self-help center can walk through the form with you before you submit it.
<h2 id="the-hearing-date">The Hearing Date</h2>Item 3 on DV-109 is where the clerk records when and where the case will be heard. Once the clerk hands the form back to you, look there first. In general, a hearing is set within about three weeks of filing, so the case moves relatively quickly once the initial request is submitted.
The hearing date matters for both parties. If you are the protected person, it is the date a judge will decide whether to extend your protection into a longer term order. If you are the restrained person, missing the hearing does not stop the case. A judge can still grant a restraining order lasting up to five years without you present, as long as you were properly served and simply did not appear.
Key Takeaway: The hearing date on DV-109 is not optional for either party. Missing it does not pause the case, it generally lets the judge decide based only on the information already in front of them.
The three forms work together as a single filing:
- DV-100, Request for Domestic Violence Restraining Order, is the request itself, where the protected person describes the relationship and the abuse and asks for specific protections. Our guide on How to Fill Out Form DV-100 walks through that form section by section.
- DV-109, Notice of Court Hearing, is the form covered in this guide, telling both parties when and where the case will be heard.
- DV-110, Temporary Restraining Order (CLETS-TRO), is the order a judge can sign the same day the DV-100 is filed, putting some protections in place before the hearing. Our guide on How to Fill Out Form DV-110 covers what it can include and how long it lasts.
All three forms are typically filed and served together, so the restrained person learns about the request, any temporary protections already in place, and the hearing date at the same time. Read together, they give a complete picture: what is being asked for, what has already been ordered, and when the case will be decided.
If you were served DV-109 along with a copy of DV-100 and want to explain your own side before the hearing, our guide on How to Fill Out Form DV-120 covers the response form.
DV-109, along with DV-100 and any DV-110, must be personally served on the restrained person before the hearing. Personal service means an adult who is not the protected person, and not anyone else covered by the order, physically hands the restrained person copies of the papers. This is generally done by a process server, the sheriff, or another eligible adult, not by the protected person.
- The protected person cannot serve the papers themselves
- Only someone at least 18 years old who is not a party to the case can serve the papers
- Service must generally happen a set number of days before the hearing
- The person who serves the papers signs a Proof of Personal Service (Form DV-200), which is filed with the court
- If service cannot be completed in time, courts commonly continue the hearing and extend any temporary order to cover the new date
Your court's self-help center or clerk's office can explain local, often free or low cost, options for arranging service, including service through the sheriff's department in domestic violence cases.
<h2 id="what-happens-at-the-hearing">What Happens at the Hearing</h2>At the hearing set on DV-109, both the protected person and the restrained person have the chance to appear, present evidence, and be heard. In general:
- The judge reviews the DV-100 request, any DV-120 response that was filed, and any temporary order already in place
- Both sides can present testimony, documents, messages, or other evidence supporting their position
- The judge decides whether to issue a longer term restraining order, generally lasting up to five years and renewable later, deny the request, or make another order
- If a longer order is granted, it generally replaces any temporary order that was in effect
Because the hearing date on DV-109 is when these decisions get made, both sides benefit from being prepared, with paperwork organized and any evidence ready to present.
<h2 id="if-you-are-the-restrained-person">If You Are the Restrained Person</h2>If you received DV-109 along with DV-100 and a DV-110, you have the right to attend the hearing and respond. Missing the hearing does not make the case go away, so mark the date, time, and courtroom listed in item 3 and plan to appear. Because the outcome can affect custody, housing, and firearms rights, speaking with an attorney or your court's self-help center before the hearing is strongly recommended, even if you intend to represent yourself.
<h2 id="common-mistakes">Common Mistakes to Avoid</h2>- Filling in the hearing date or other clerk only sections yourself before the form is filed
- Losing track of the date, time, or courtroom listed in item 3
- Assuming a missed hearing pauses or cancels the case
- Waiting until the last minute to arrange service on the restrained person
- Not bringing a copy of DV-109 to the hearing along with DV-100 and any DV-110
If your case also involves shared children, our guide on California Child Custody Laws Explained covers how custody and visitation are generally decided in family court, which can run alongside a domestic violence case. For an overview of the full process by county, see the Restraining Orders by County hub.
<h2 id="faqs">Frequently Asked Questions</h2>What is Form DV-109 used for?
Form DV-109, Notice of Court Hearing (Domestic Violence Prevention), tells both the protected person and the restrained person the date, time, and location of the court hearing in a domestic violence restraining order case. It also notes whether a temporary restraining order was granted.
Do I fill out DV-109 myself?
Only partly. You complete items 1 and 2, your name and the name of the person you are asking the court to restrain. The court clerk fills in the hearing date, time, department, and any temporary order information after you file.
Is there a filing fee for DV-109?
No. There is no filing fee for a domestic violence restraining order case in California, and that includes the forms filed to start and schedule it, such as DV-100 and DV-109.
Who serves DV-109 on the restrained person?
DV-109 must be personally served along with DV-100 and any DV-110 by an adult who is not the protected person, generally a process server, the sheriff, or another eligible adult. The protected person cannot serve the papers themselves.
What happens if the restrained person does not go to the hearing listed on DV-109?
The hearing generally proceeds without them. If the restrained person was properly served and does not appear, a judge can still grant a restraining order lasting up to five years based on the information presented.
How is DV-109 different from DV-100 and DV-110?
DV-100 is the request that starts the case and describes the abuse. DV-110 is the temporary order a judge can sign to provide protection before the hearing. DV-109 is the notice that tells both parties when and where the hearing will happen, so all three are typically filed and served together.
Can Virdix help me with DV-109?
Virdix is a document preparation service, not a law firm, and does not provide legal advice. We can help make sure your DV-100 request and related paperwork are organized and consistent, but because DV-109 involves your court hearing date and your safety, we encourage anyone navigating this process to also speak with a domestic violence advocate, a court self-help center, or an attorney.
How Virdix Helps
Virdix is a document preparation service, not a law firm, and this article is information, not legal advice. Because DV-109 is tied to your court hearing date and your safety, we strongly encourage anyone navigating this process to also speak with a domestic violence advocate, your county's self-help center, or an attorney about your specific situation. Virdix can help with the practical side of the paperwork:
- Guided questions, plain language prompts that help you organize your DV-100 request before you file
- Completeness checks, so the sections you are responsible for on DV-109 are filled in correctly
- Consistency checks, so DV-109, DV-100, and any DV-110 line up with each other
Get Started With Your Paperwork
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California