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Common Questions

What is the California DV-260 form?

The California DV-260 form, also known as the Confidential CLETS Information Form, is a document used in domestic violence cases. It is designed to provide essential information to law enforcement about the individuals involved in a restraining order. This form is confidential and must not be included in the public court file.

Who needs to complete the DV-260 form?

The protected person, typically the individual seeking the restraining order, must complete the DV-260 form. This form helps ensure that law enforcement can effectively enforce the restraining order and locate the restrained person if necessary.

What information is required on the DV-260 form?

The form requires various details, including:

  • Protected person's name, sex, height, weight, race, hair color, eye color, age, and date of birth.
  • Contact information, including mailing address and telephone number.
  • Details about the restrained person, including their name, physical description, and any known firearms.
  • Information about any other protected individuals.

Is the information on the DV-260 form public?

No, the DV-260 form is confidential. It is not part of the public court file, ensuring that sensitive information remains private. Only law enforcement and the court can access this information to enforce the restraining order.

How is the DV-260 form submitted?

The protected person must complete the form and submit it to the court clerk. The clerk will then send it to the California Law Enforcement Telecommunications System (CLETS), which allows police to access the information when needed.

What happens if I do not submit the DV-260 form?

Failure to submit the DV-260 form may hinder law enforcement's ability to enforce the restraining order effectively. It is crucial for the protection of the individual seeking help that this form is completed and submitted as required.

Can I update the information on the DV-260 form later?

What should I do if I believe the restrained person has firearms?

If you suspect that the restrained person owns or has access to firearms, it is crucial to document this information on the DV-260 form. Provide as much detail as possible, including the types of firearms and their locations. This information can be vital for law enforcement.

What if I do not know all the required information?

If you do not have all the information requested on the DV-260 form, fill out as much as you can. It is better to provide partial information than to leave the form blank. Law enforcement can still use the information you provide to assist in your case.

Where can I find more information about the DV-260 form?

For additional information about the DV-260 form and the process of obtaining a restraining order, you can visit the Judicial Council of California's website or consult with a legal professional. They can guide you through the process and answer any specific questions you may have.

Document Specifications

Fact Name Details
Form Purpose The DV-260 form is used to provide confidential information to law enforcement regarding a restraining order related to domestic violence.
Confidentiality This form is confidential and must not be included in the court file. It is intended solely for use by the court and law enforcement.
Governing Law The form is governed by California Family Code Section 6300, which addresses domestic violence prevention and restraining orders.
Submission Process To submit the form, the protected person must complete it and hand it to the court clerk, who will then forward it to the California Law Enforcement Telecommunications System (CLETS).
Information Required The form requires detailed information about both the protected person and the restrained person, including personal identifiers and vehicle information.
Use by Law Enforcement Law enforcement uses the information from this form to enter restraining orders into CLETS and to locate the restrained person for service of the order.
Optional Information While some information is mandatory, providing a telephone number for the protected person is optional.
Additional Protected Persons The form allows for the inclusion of other protected individuals, ensuring their safety is also considered in the restraining order process.

Dos and Don'ts

When filling out the California DV-260 form, it’s important to be thorough and accurate. Here are some guidelines to help you navigate the process effectively:

  • Do ensure all information is accurate. Double-check names, addresses, and other personal details. Mistakes can lead to delays or complications.
  • Do keep the form confidential. Remember, this form is not part of the public court file. Handle it with care to protect your privacy.
  • Do provide as much detail as possible. Include specifics about the restrained person, such as physical characteristics and any known firearms. This information can be crucial for law enforcement.
  • Do submit the form to the court clerk. After completing it, hand it directly to the clerk to ensure it reaches the appropriate authorities.
  • Don't leave any sections blank. Incomplete forms can lead to processing issues. Fill out every applicable section.
  • Don't share the form with unauthorized individuals. Keep it private to maintain your safety and the integrity of the process.
  • Don't forget to keep a copy for your records. Having a personal copy can be useful for future reference or follow-ups.
  • Don't hesitate to ask for help if needed. If you’re unsure about how to fill out a section, seek assistance from a legal professional or a trusted advocate.

Misconceptions

Understanding the California DV-260 form is crucial for those navigating the complexities of domestic violence restraining orders. However, several misconceptions can lead to confusion. Here are seven common misunderstandings about this important document:

  • The DV-260 form is part of the public court file. This form is confidential and must not be included in the court file. Its purpose is to protect sensitive information.
  • Anyone can access the information on the DV-260 form. Only authorized personnel, such as law enforcement, can access this information. It is designed to remain private.
  • You can submit the DV-260 form directly to the judge. Instead, this form should be given to the court clerk, who will then send it to the appropriate database.
  • The DV-260 form is only for the protected person. While primarily for the protected person, it also includes details about the restrained person to aid law enforcement.
  • Completing the DV-260 form is optional. Completing this form is essential for ensuring that law enforcement is aware of the restraining order and can act accordingly.
  • The information on the DV-260 form is not used for enforcement. In fact, the details provided can help law enforcement locate the restrained person and enforce the order.
  • You don’t need to provide detailed information about the restrained person. The form requires comprehensive information, including physical characteristics and any known firearms, to ensure safety.

By clarifying these misconceptions, individuals can better navigate the process of obtaining a restraining order and ensure their safety and the effectiveness of the legal protections in place.

Documents used along the form

When filing for a restraining order in California, the DV-260 form is just one of several important documents you may encounter. Each of these forms serves a specific purpose in the legal process and helps ensure that your case is handled appropriately. Here’s a brief overview of some other key forms and documents often used alongside the DV-260.

  • DV-100: Request for Domestic Violence Restraining Order - This is the initial form you file to request a restraining order. It outlines your situation and the reasons you are seeking protection.
  • DV-110: Temporary Restraining Order - This document provides immediate protection until a court hearing can take place. It is often granted based on the information provided in the DV-100.
  • DV-120: Response to Request for Domestic Violence Restraining Order - If the restrained person wants to contest the order, they must complete this form to respond to your request.
  • DV-130: Domestic Violence Restraining Order After Hearing - This form is issued by the court after a hearing. It outlines the terms of the restraining order that will be in effect for a specified period.
  • DV-250: Proof of Service - This document confirms that the restrained person has been properly served with the restraining order and related documents. It is crucial for the enforcement of the order.
  • DV-300: Request for Renewal of Restraining Order - If you need to extend the restraining order beyond its original expiration date, this form is necessary to request a renewal.

Understanding these documents can help you navigate the legal process more effectively. Each form plays a vital role in ensuring your safety and the proper handling of your case. Always ensure that you complete and submit the necessary forms correctly to avoid delays in your request for protection.