# What happens at a California restraining order hearing: who speaks, what to bring, and what the judge decides > California Courts’ own account of the DVRO court date: the order both sides speak in, the three-copies rule for evidence, witnesses, support persons, interpreters, appearing by phone or video under DV-109, and what follows a grant or a denial. **Direct answer.** Both sides get a chance to speak, and California Courts states the judge usually asks the person who requested the restraining order to talk first — and usually decides whether to grant or deny the order on the day of the hearing. Attendance is not symmetrical. Form DV-109 tells the person asking for protection: “You must attend the hearing if you want the judge to make any of the orders you requested on form DV-100.” It tells the restrained person that if they do not attend, the judge may still grant a restraining order that could last up to five years. ## Who speaks, and in what order California Courts states that usually the judge asks the person who wants the restraining order to talk first, and that no matter who talks first, both sides will get a chance to speak. The same page carries the one etiquette rule that matters: do not talk over anyone — if you have something to say and it is not your turn, let the person finish and ask the judge for permission to speak. Presenting your case means explaining to the judge the facts that support it. California Courts says this can feel scary and overwhelming, and that it is okay to bring notes and read from them. You can also talk about your evidence and witnesses to support the facts. ## Showing up is not optional — for either side, in different ways For the person asking for protection, form DV-109 is blunt: “You must attend the hearing if you want the judge to make any of the orders you requested on form DV-100.” If the date itself is impossible — or the other side was never served — the official route is asking for a new hearing date on form DV-115 before the hearing, not simply missing it. The DV-115 guide covers how, and what happens to the TRO. For the restrained person, DV-109 states that if they do not attend, the judge may still grant the restraining order, and that it could last up to five years. DV-109’s own text contemplates attending “in person, by phone, or by videoconference.” Whether and how remote appearance is available is set by your court, so check your court’s website for its remote-appearance procedure well before the date. ## What to bring California Courts’ preparation page is specific about the bag you walk in with. Make three copies of any document you want the judge to see — one for you, one for the judge, and one for the other side. Recordings are a special case: check with your local self-help center, because judges sometimes require a transcript. Witnesses come with you. California Courts says to take them to your court date and make sure they know when and where to go — and that with many witnesses there may be forms to tell the court who they are and what they will testify about. A support person can come too, and can sit next to you while you present your case, but cannot speak for you. Court may take all morning or afternoon, even all day, so California Courts advises arranging childcare; some courts have a Children’s Waiting Room, which you can ask about in advance. - Pen and paper. - Your court papers, and any papers the other side filed. - Three copies of anything you want the judge to review. - Notes with what you plan to say or ask — you can read from them. - Your witnesses, and a support person if you want one. ## Interpreters and accommodations California Courts’ advice is to act early: if you do not speak English well, ask for an interpreter right away, and if you have a disability, ask for an accommodation. The court publishes its own page on asking for an interpreter, linked under Official sources below — and it makes a point worth repeating: even for someone who speaks English in everyday life, the situations and language in court can be very difficult. ## If there are children in the case If the case involves child custody — form DV-105 was filed or received — California Courts states the judge will require the parents to talk about a parenting plan with a mediator, and that because of the allegations of domestic violence, the parents should meet with the mediator separately. Each parent talks to the mediator alone; the mediator then proposes a plan both parents agree with, or the judge decides. ## The decision, and the form that follows it California Courts states the judge usually decides whether to grant or deny the restraining order on the day of the hearing, and may ask you to come back another day if more information or time is needed. If the request is denied, the restraining order case is done — though issues like child custody may still be decided, which can mean going back to court. If the order is granted, the protected person has additional steps, like completing a form for the judge to sign. That form is DV-130, Restraining Order After Hearing — the document police enforce — and it has its own guide here. JusticeOS is not a law firm and does not give legal advice. It cannot tell you what to say, whether your evidence is enough, or what the judge will decide. What it can help with is the part before the courtroom: a complete packet and organized exhibits. ## Questions people ask next ### Do you have to show up for a restraining order hearing? Form DV-109 tells the person asking for protection: you must attend the hearing if you want the judge to make any of the orders you requested on form DV-100. If the date is impossible or the other side was never served, DV-115-INFO explains asking for a new hearing date before the hearing rather than missing it. ### What happens if the restrained person does not show up? DV-109 states that if the restrained person does not attend the hearing, the judge may still grant the restraining order, which could last up to five years, and that after they receive a copy of the order they could be arrested for violating it. ### Can I appear by phone or video? DV-109’s text contemplates attending in person, by phone, or by videoconference. How remote appearance works — and whether it is available for your hearing — is set by your court, so check the court’s website or ask the clerk before the date. ### How fast does the judge decide? California Courts states the judge usually decides whether to grant or deny the restraining order on the day of the hearing, and may ask you to come back another day if more information or time is needed. ### Can someone come with me? Yes. California Courts states a support person can come and, if you asked for the restraining order, can sit next to you while you present your case — but cannot speak for you. Witnesses should come with you too, and need to know when and where to go. ## Official sources - [California Courts — Prepare for your restraining order court date](https://selfhelp.courts.ca.gov/DV-restraining-order/prepare-court-date) - [California Courts — DV-109 Notice of Court Hearing (form PDF)](https://courts.ca.gov/sites/default/files/courts/default/2024-11/dv109.pdf) - [California Courts — Domestic violence restraining orders](https://selfhelp.courts.ca.gov/DV-restraining-order) - [California Courts — Ask for an interpreter](https://selfhelp.courts.ca.gov/request-interpreter) ## Related guides - [Organizing pictures, text messages, and emails for a DVRO hearing](https://justiceos.ai/guides/dvro-evidence) - [DV-115: a new hearing date when the papers were not served in time — without losing the TRO](https://justiceos.ai/guides/dv-115) - [DV-130: the judge granting your order is not the last step, and this form is the order](https://justiceos.ai/guides/dv-130) Published 2026-09-03. Reviewed against official California Courts guidance on 2026-09-03. --- JusticeOS is not a law firm, is not your lawyer, and does not give legal advice. It explains California court forms and procedure in plain language and cites official sources. In immediate danger call 911. National Domestic Violence Hotline: 1-800-799-7233. Canonical HTML: https://justiceos.ai/guides/dvro-hearing