Form DV-310 to Change or End a Restraining Order: Filing and Hearing

California form DV-310, titled Notice of Court Hearing and Temporary Order to Change or End Restraining Order, is the companion form you file with DV-300 when you ask a judge to modify or terminate a domestic violence restraining order. Your job on DV-310 is small: you write the names of the protected and restrained parties, and the court fills in everything else. The judge uses it to set your hearing date, note any temporary orders, and tell you how the other party must be served.¹

What DV-310 Is For

DV-310 is not a standalone request. It rides along with DV-300, which is where you actually explain what you want changed and why. Think of DV-300 as your letter to the judge and DV-310 as the reply slip that comes back with a hearing date, service instructions, and possibly new temporary protections.¹

The existing restraining order stays in full force throughout the process. Filing to change or end it does not pause or weaken any current protections.¹

Who Can File

Either party can ask to change or end a domestic violence restraining order — the protected person or the restrained person.² You can request that the whole order end, or that specific pieces change, such as stay-away distances, custody, or support.³

The court treats each side’s request a little differently. If the restrained person files, the judge cannot change or end the order until the protected person has been properly served and a hearing has taken place.³ A protected person’s request can sometimes produce immediate temporary orders before the hearing if the judge finds additional protection is needed to prevent domestic violence or to protect a child from harm or from being removed from California.¹

California Family Code section 6345 is the underlying authority. A DVRO issued after a hearing can last up to five years, and either party may move to terminate or modify it during that time.⁴

How to Fill Out DV-310

Your part takes about thirty seconds. The form itself says: “The person making the request must complete items 1 and 2. The court will complete the rest of this form.”¹

Item 1, Protected Party: the full legal name of the person protected by the existing restraining order.
Item 2, Restrained Party: the full legal name of the person restrained by the existing order.

Leave everything else blank. Items 3 through 7 belong to the judge and clerk. They will fill in the hearing date and time (item 3), whether temporary orders were granted or denied (item 4), the service method and deadline (item 5), confirmation that the sheriff or marshal will serve the papers at no cost (item 6), and any attachments (item 7).¹

The DV-300 That Goes With It

Because DV-310 does not carry the substance of your request, the DV-300 is where you actually make your case.

Item 1 asks for your name, address, and whether you are the protected or restrained person. Item 2 asks for the other party’s name and the expiration date of the current restraining order. File before that expiration date; if the order has already lapsed, the DV-300 process does not apply.

Item 3 is the heart of the form. Check box (a) if you want the judge to end all orders, or box (b) to change or end only some provisions. Under (b), describe the specific changes you want. If you run out of space, attach a page labeled “Attachment 5, Reasons for Request.”³

Then explain why. Be concrete. Judges evaluate these requests on facts, not generalities. If a new job requires a different custody schedule, if you have relocated and the stay-away distance no longer fits, or if circumstances have otherwise shifted, spell that out. Sign and date the form.³

You may need additional forms depending on what you are changing. DV-305 is required if you are asking to change child custody or visitation. FL-150 (Income and Expense Declaration) is required for a change in child support or spousal support; FL-155 may work if you are only changing child support. Attach a copy of the current restraining order — DV-130, DV-330, DV-730, or JV-255 — to your DV-300.³

Filing the Packet

There is no fee to file DV-300 and DV-310. Make at least three copies of every form before filing: two for you, one for the other party, and the originals for the court.⁵

In person: bring your originals and copies to the clerk’s office. The clerk keeps the originals and stamps your copies.
By mail: send the originals and two copies to the clerk with a self-addressed stamped envelope for the return.
Drop box: some courts have filing drop boxes. Include a self-addressed stamped envelope.
E-filing: some courts allow electronic filing. Check your local court’s website.⁵

When your forms come back from the court, DV-310 will now have a hearing date and service instructions. Read item 5 carefully. It tells you exactly how the other party must be served and by what date.

Serving the Other Party

Someone other than you — any adult who is not protected by the restraining order — must deliver copies of DV-300, DV-310, and a blank DV-320 (Response to Request to Change or End Restraining Order) to the other party.¹

Which method to use depends on who filed and whether the judge issued temporary orders:

Service by mail is allowed when the protected person filed the request and the judge did not grant temporary orders.
Personal service is required when the restrained person filed the request, no matter the circumstances.
Personal service is also required whenever the court granted temporary orders on DV-310.¹

The sheriff or marshal will serve the papers at no charge. Fill out form SER-001 and give it to the sheriff with a copy of the order.¹

After service is complete, the person who served the papers fills out a proof of service form: DV-200 for personal service, DV-250 for service by mail. File the completed proof of service with the court before the hearing.³

Temporary Orders on Item 4

Item 4 of DV-310 is where the judge records whether any temporary orders are being made while the hearing is pending. You do not fill it in.

The judge may grant temporary orders if the protected person requested additional protection to prevent domestic violence, or if the orders are needed to prevent serious harm to a child or to stop a child from being removed from California.¹ If the judge denies the request for temporary orders, the reasons will be written on the form. Any temporary orders granted stay in effect until the hearing date in item 3.

The Hearing

At the hearing, both parties can speak and present evidence. The judge will grant the requested changes, deny them, or set a further contested hearing if more evidence is needed.²

If you are asking to change custody or parenting time, you may need to attend mediation or child custody recommending counseling before seeing the judge. The court will let you know after you file.²

If the restrained person filed and the protected person was never properly served, the judge must deny the motion without prejudice or continue the hearing until proper notice is given.⁴

Need an accommodation for the hearing, such as an assistive listening system, real-time captioning, or a sign language interpreter? Contact the clerk’s office at least five days before the hearing or file form MC-410.¹

Responding If You Received DV-310

If the other party filed and you were served with DV-300 and DV-310, you can file a written response using DV-320. A written response is not required, but it puts your side of the story in front of the judge before the hearing.¹

Complete DV-320, file the original with the court, and have someone 18 or older (not you) mail a copy to the person who made the request. File DV-250 (Proof of Service by Mail) with the court before the hearing and bring a copy with you to court.¹

The Existing Order Still Applies

While your modification request is pending, the existing restraining order remains fully enforceable. An intentional and knowing violation is a misdemeanor under California Penal Code section 273.6, punishable by up to one year in county jail, a fine of up to $1,000, or both.⁶ If the court issued temporary orders on DV-310, those carry the same enforcement weight.

Where to Get Help

California’s court self-help centers assist people filling out the DV-300 and DV-310 packet. You can visit in person at your local courthouse or use the California Courts self-help website for step-by-step instructions.⁵ You do not need a lawyer to file. The deadlines and service rules can trip people up, though, especially when custody or support is involved.

1
Judicial Council of California. Notice of Court Hearing and Temporary Order to Change or End Restraining Order
2
California Courts | Self Help Guide. How to Ask to Change or End the Restraining Order
3
Judicial Council of California. DV-300 Request to Change or End Restraining Order
4
California Legislative Information. California Code FAM 6345 – Duration and Modification of Orders
5
California Courts | Self Help Guide. Ask to Change or End a Domestic Violence Restraining Order
6
California Legislative Information. California Code PEN 273.6 – Violation of Protective Order