MADERA COUNTY SUPERIOR COURT STATE OF …madera.courts.ca.gov/Images/Civil Harrasment Packet...

Revised 4/1/2019

MADERA COUNTY SUPERIOR COURT STATE OF CALIFORNIA

http://www.madera.courts.ca.gov/

CIVIL HARASSMENT RESTRAINING ORDER – APPLICANT PACKET Inside this Civil Harassment Packet you will find information forms and some sample forms to better assist you fill out the actual forms provided. 1. Make sure the documents are filled out as detailed as possible. The only forms you will fill out for the Ex-Parte hearing will be Form CH-100 Request for Civil Harassment Restraining Orders, Form MC-020 Attachment (this page is used if you need to provide additional abuse), Form CH-109 Notice of Hearing, Form CH-110 Temporary Restraining Order, Form CLETS-001 California Law Enforcement Telecommunications Systems (CLETS) Information Form, and local form MAD-CV-0005 Ex-Parte Declaration (Notice to the Other Party). Forms you DO NOT fill out are Form CH-120 Response to Request for Orders to Stop Harassment Restraining Orders, Form CH-120-INFO How Can I Answer a Request for Orders to Stop Harassment and CH-800 Proof of Firearms Turned In or Sold. 2. Pursuant to Rule 2.4.6 of the local Rules of Court, the other party must be notified by 10:00 a.m. the day before you plan on having your hearing, of the date, time and location of the hearing. You do not need to provide the other party with any documents at this time. The person who notifies the other party for you must complete and sign the MAD-CV-0005 Ex-Parte Declaration. 3. Make 2 copies of Form CH-100 Request for Orders to Stop Harassment, and 2 copies of Form CH-109 Notice of Hearing. Make only one copy of local form MAD-CV-0005 Ex-Parte Declaration. NO copies of Form CH-110 Temporary Restraining Order and CLETS-001 Information Form. If the Temporary Restraining Order is granted the court will provide you with 5 certified copies. 4. Take your documents to the Courts to file with the Clerk’s Office located at the Civil Division no later than 11:00 a.m. the day before you plan to have your hearing. The clerk will keep your documents for the court hearing and the Judge will return them to you after the hearing 5. Appear for you hearing at 8:15 a.m. the day of your hearing in Departments 44 or 45 (you will have to check the court calendar in the front lobby) don’t be late. The Judge may make temporary orders and return your documents to you. 6. Do not leave the Courthouse yet! Proceed to the Civil Division with your documents so that the clerk may file them and return the copies to you with your next hearing date. 7. Have someone over the age of eighteen other than you; personally serve the other party with one copy of your for Request for CH-100 Civil Harassment Restraining Orders, one copy of the CH-109 Notice of Hearing, CH- 110 Temporary Restraining Order, blank CH-120 Response to Request for Orders to Stop Harassment, CH-120-Info How Can I Answer a Request for Orders to Stop Harassment and CH-800 Proof of Firearms Turned In or Sold. Have the person who served the other party fill out the proof of personal service Form CH-200 for you, make one copy of it and file it with the court. Make sure you are at your next court date if you want a permanent Order. After that court proceeding and if the Judge orders a permanent Order you will need to fill out form CH-130, Restraining Order After Hearing to Stop Harassment which is provided for you in this packet. For more information you can go online @ https://www.courts.ca.gov/1044.htm

http://www.madera.courts.ca.gov/

https://www.courts.ca.gov/documents/ch100.pdf

https://www.courts.ca.gov/documents/mc020.pdf

https://www.courts.ca.gov/documents/mc020.pdf



https://www.courts.ca.gov/documents/clets001.pdf


https://www.courts.ca.gov/documents/ch120info.pdf


https://www.courts.ca.gov/1044.htm

CH-100-INFO Can a Civil Harassment Restraining Order Help Me?

What is a civil harassment restrainingorder?It is a court order that helps protect people fromharassment.

Judicial Council of California

Revised July 1, 2014, Optional FormCan a Civil Harassment Restraining Order Help Me?

(Civil Harassment Prevention)

CH-100-INFO, Page 1 of 3

These instructions cannot cover all of the questions that may arise in a particular case. If youdo not know what to do to protect your rights, you should see a lawyer.

Can I get a civil harassment restrainingorder?

You can ask for one if you are worried about yoursafety because someone:

� Is harassing you

� Is stalking you

� Has threatened you with violence

� Has committed acts of violence against you, or

How will the order help me?

The court can order a person to:

� Not harass or threaten you

� Not contact or go near you, and

� Not have a gun

You can also ask for protection for people who live withyou and family members.

In a civil harassment case, the court cannot:

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Order a person to move out of your residence

Order a person to pay child support to you

� Make orders for custody and visitation

If you need these orders, you should proceed under theDomestic Violence Protection Act. File Form DV-100.

The court also cannot:

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� Order someone to move out of rental propertythat you own

� Order someone to stop creating a nuisance thatdoesn't involve harassment

Order a person to pay money that he or she owesyou

If you need these remedies, you must file a civil action.

How much does it cost?

That depends on the type of harassment. If the restrainedperson has used or threatened to use violence againstyou or has stalked you, you do not have to pay a filingfee; otherwise, you must pay the fee.

If you cannot afford to pay the filing fee, ask the clerkhow to apply for a fee waiver. Form FW-001 is availablefor this purpose.

If the order is based on prior acts of violence, a crediblethreat of violence, or stalking, you are entitled to freeservice of the order by a sheriff or marshal. Also, if youare eligible for a fee waiver, you can ask the sheriff ormarshal to serve the order for free. If you are not eligiblefor free service, you may pay the sheriff or marshal toserve the order.

What forms do I need to get the order?

You must fill out all of Form CH-100, Request for CivilHarassment Restraining Orders, and Form CLETS-001,Confidential CLETS Information. If you needattachments, you may use Form MC-025. You must alsofill out items 1 and 2 on Form CH-109, Notice of CourtHearing, and items 1, 2, and 3 on Form CH-110,Temporary Restraining Order (CLETS).

Where can I get these forms?You can get the forms from legal publishers or on theInternet at www.courts.ca.gov. You also may be able tofind them at your local courthouse or county law library.

What do I need to do to get the order?You must go to the superior court in the county wherethe harassment took place or the person to be restrainedlives. At the court, ask where you should file yourrequest for a civil harassment restraining order. (A self-help center or legal aid association may be able to assistyou in filing your request.)At the court, give your forms to the clerk of the court.The clerk will give you a hearing date on the Notice ofCourt Hearing form, and if your request for immediateorders is granted, a copy of the Temporary RestrainingOrder signed by a judicial officer.

Code of Civil Procedure, § 527.6�

www.courts.ca.gov

How soon can I get the order?If you ask for a temporary restraining order, the courtwill decide within 24 hours whether or not to make theorder. Sometimes the court decides sooner. Ask whetheryou should wait or come back later to get the signedNotice of Court Hearing and Temporary RestrainingOrder.

How long does the order last?If the court makes a temporary order, it will last untilyour hearing date. At that time, the court will decide tocontinue or cancel the order. The order could last for upto five years.

How will the person to be restrained knowabout the order?Someone age 18 or older—not you or anyone else to beprotected by the order—must “serve” (give) the personto be restrained a copy of the order. The server must thenfill out Form CH-200, Proof of Personal Service, andgive it to you to file with the court. For help withservice, ask the court clerk for Form CH-200-INFO,What Is “Proof of Personal Service?”.

What if the restrained person does notobey the order?Call the police. The restrained person can be arrestedand charged with a crime.

Do I have to go to court?Yes. Go to court on the date the clerk gives you.

Do I need to bring a witness to the courthearing?Witnesses are not required, but it helps to have moreproof of the harassment than just your word. You canbring:

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WitnessesWritten statements from witnesses made under oath

� Medical or police reports� Photos

� Threatening letters, e-mails, or telephone messages� Damaged property

The court may or may not let witnesses speak at thehearing. So, if possible, you should bring their writtenstatements under oath to the hearing. (You can useForm MC-030, Declaration, for this.).

Rev. July 1, 2014 Page 2 of 3

Do I need a lawyer?Having a lawyer is always a good idea, but it is notrequired and you are not entitled to a free court-appointed attorney. Ask the court clerk about free andlow-cost legal services and self-help centers in yourcounty.

Will I see the restrained person at the courthearing?If the person comes to the hearing, yes. But that persondoes not have the right to speak to you. If you are afraid,tell the court officer.

Can I bring someone with me to court?Yes. You can bring someone to sit with you during thehearing. But that person cannot speak for you in court.Only you or your lawyer (if you have one) can speak foryou.


Can a Civil Harassment Restraining Order Help Me?(Civil Harassment Prevention)

CH-100-INFO,�

What if I am deaf or hard of hearing? What if I don't speak English?

When you file your papers, ask the clerk if a courtinterpreter is available. You may have to pay a fee forthe interpreter. If an interpreter is not available for yourcourt date, you should ask someone who is not listed as aperson to be protected on your Request and who is overage 18 to interpret for you .

Assistive listening systems,computer-assisted real-timecaptioning, or sign languageinterpreter services are available ifyou ask at least five days before thehearing. Contact the clerk’s office orgo to www.courts.ca.gov/forms forRequest for Accommodations byPersons with Disabilities andResponse (Form MC-410).(Civ.Code, § 54.8.)

Can I agree with the restrained person tocancel the order?

No. Once the order is issued, only the judge can changeor cancel it. You or the restrained person would have tofile a request with the court to cancel the order.

For help in your area, contact:[Local information may be inserted.]

Rev. July 1, 2014 Page 3 of 3


Can a Civil Harassment Restraining Order Help Me?(Civil Harassment Prevention)

CH-100-INFO,

SAMPLE FORMS

EXPLAINING HOW TO FILL

OUT THE ACTUAL FORMS

Madera Superior Court Form Adopted for Optional Use MAD-CV-0005 (Rev. 3/06/19)

EX-PARTE DECLARATION Page 1 of 1

CHECK ONLY ONE BOX BELOW (IF NOTICE IS GOING TO BE GIVEN CHECK “NOT A PARTY…” & WRITE NAME OF PERSON GIVING NOTICE)

I am, (specify): attorney for plaintiff/petitioner defendant/respondent not a party in the case (name): _______________

1. I did did not give notice. (if you gave notice, complete number 2 and 3 if no notice is given complete number 4a, 4b, or 4c)

2. PURSUANT TO RULE 2.4.6 OF THE LOCAL RULE OF COURT I HAVE INFORMED (name) __________________________, OF

THIS EX-PARTE APPLICATION REQUESTED BY (name): _________________________________ [Complete A, B OR C below]

A. TELEPHONE ON (Date): _____________________________________at (Time): A.M./P.M.

B. IN PERSON ON (Date): ______________________________________at (Time): ________________________ A.M./P.M.

C. OTHER

3. I TOLD (name): JOHN DOE THAT (name): _______JANE DOE __________WOULD BE BRINGING AN

EX- PARTE REQUEST ON AT 8:15 A.M. IN DEPARTMENT OF THE MADERA SUPERIOR

COURT. THAT HE/SHE WILL HAVE TO COME TO COURT AT THAT TIME IF HE/SHE OBJECTS TO THIS EX PARTE REQUEST.

4. I HAVE NOT GIVEN NOTICE OF THIS APPLICATION FOR EX PARTE ORDER FOR THE FOLLOWING REASON (S): a. GIVING NOTICE WOULD FRUSTRATE THE PURPOSE OF THE ORDER (explain in detail as to why notice is not given):

b. I WILL SUFFER IMMEDIATE AND IRREPARABLE INJURY IF NOTICE IS GIVEN (explain in detail as to why you fear giving notice):

c. OTHER (explain in detail):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

______PRINT OR TYPE YOUR NAME HERE______ ►_________________________________________________ (Type or Print Name) (Signature of Applicant)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address)

PRINT OR TYPE YOUR NAME HERE PRINT OR TYPE YOUR ADDRESS HERE PRINT OR TYPE YOUR CITY, STATE AND ZIP HERE TELEPHONE NO.: ENTER YOUR PHONE NUMBER HERE FAX NO.: ATTORNEY FOR (Name):

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MADERA 200 South G Street

Madera, California 93637 Civil Division

PLAINTIFF/PETITIONER: PRINT OR TYPE THE NAME OF THE PERSON SEEKING THE ORDER: Ex. JANE DOE CASE NUMBER:

DEFENDANT/RESPONDENT: PRINT OR TYPE THE NAME OF THE PERSON FROM WHOM YOU ARE SEEKING THE ORDER AGAINST; Ex. JOHN DOE

HEARING DATE: HEARING TIME:

EX-PARTE DECLARATION

DEPARTMENT:

Request for Civil HarassmentCH-100 Restraining Orders

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Court fills in case number when form is filed.

Case Number:

Read Can a Civil Harassment Restraining Order Help Me? (form CH-100-

INFO) before completing this form. Also fill out Confidential CLETS

Information (form CLETS-001) with as much information as you know.

1 Person Seeking Protectiona. Your Full Name:

Your Lawyer (if you have one for this case)

Age:

Name: State Bar No.:

Firm Name:b. Your Address (If you have a lawyer, give your lawyer’s

information. If you do not have a lawyer and want to keep your

home address private, you may give a different mailing address

instead. You do not have to give telephone, fax, or e-mail.)

City:

Address:

State:

Full Name:

Zip:

Address (if known):

Telephone: Fax:

E-Mail Address:

Person From Whom Protection Is Sought2

Age:

City: State: Zip:

3

Full Name Sex Age

a.

YesLives with you?

No

Yes NoYes No

How are they related to you?

Yes No

Are you asking for protection for any other family or household members? Yes No If yes, list them:

Additional Protected Persons

b. Why do these people need protection? (Explain below):

paper or form MC-025 and write “Attachment 3b—Why Others Need Protection” for a title.

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of

Judicial Council of California, www.courts.ca.gov

Code of Civil Procedure, §§ 527.6 and 527.9Revised January 1, 2018, Mandatory Form


This is not a Court Order.

Request for Civil Harassment Restraining Orders CH-100,

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Page 1 of 6

Persons” for a title. You may use form MC-025, Attachment.

Check here if there are more persons. Attach a sheet of paper and write “Attachment 3a—Additional Protected

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PRINT OR TYPE YOUR NAME HERE

MADERA 200 South G StreetMadera, CA 93637

Civil Division

PRINT OR TYPE THE NAME OF THE PERSON YOU ARE SEEKING

IF THERE ARE OTHER INDIVIDUALS YOU ARE

SEEKING TO BE PROTECTED

LIST THEM HERE

IF #3 IS COMPLETED, YOU MUST STATE YOUR REASONS HERE AS TO WHY THEY ALSO NEED

PROTECTION.

PROTECTION FROM

Case Number:

Relationship of Parties4

2How do you know the person in ? (Explain below):

paper or form MC-025 and write “Attachment 4—Relationship of Parties” for a title.


Venue5

Why are you filing in this county? (Check all that apply):

The person ina. 2 lives in this county.

I was harassed by the person inb. 2 in this county.c. Other (specify):

Other Court Cases6

a. Have you or any of the persons named in 3 been involved in another court case with the person in 2 ?Yes No (If yes, check each kind of case and indicate where and when each was filed.)

(1)

(2)

Civil Harassment

(3) Divorce, Nullity, Legal SeparationDomestic Violence

Kind of Case Filed in (County/State) Year Filed Case Number (if known)

(4)(5)

Paternity, Parentage, Child Custody

(6) Eviction

Elder or Dependent Adult Abuse

(9)

(10)

Small Claims

(11) Other (specify):

Criminal

(8) Workplace Violence

(7) Guardianship

b. Are there now any protective or restraining orders in effect relating to you or any of the persons in 3 and theperson in 2 ? No Yes (If yes, attach a copy if you have one.)

7 Description of HarassmentHarassment means violence or threats of violence against you, or a course of conduct that seriously alarmed,annoyed, or harassed you and caused you substantial emotional distress. A course of conduct is more than one act.

Tell the court about the last time the person ina. 2 harassed you.

(1) When did it happen? (provide date or estimated date):

(2) Who else was there?


Revised January 1, 2018 CH-100,Request for Civil Harassment Restraining Orders Page 2 of 6(Civil Harassment Prevention)

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COMPLETE & ANSWER #4, #5, #6 & #7

Case Number:

2 harass you? (Explain below):

sheet of paper or form MC-025 and write “Attachment 7a(3)—Describe Harassment” for a title.

Check here if there is not enough space for your answer. Put your complete answer on the attached

How did the person in(3)

(4) Did the person in 2 use or threaten to use a gun or any other weapon?

YesCheck here if there is not enough space for your answer. Put your complete answer on the attached

sheet of paper or form MC-025 and write “Attachment 7a(4)—Use of Weapons” for a title.

No (If yes, explain below):

(5) Were you harmed or injured because of the harassment?

Yes No (If yes, explain below):

sheet of paper or form MC-025 and write “Attachment 7a(5)—Harm or Injury” for a title.


(6) Yes No

If yes, did they give you or the person in

Did the police come?

2 an Emergency Protective Order? Yes NoIf yes, the order protects (check all that apply):

Me The person in 2 The persons in 3

(Attach a copy of the order if you have one.)

Has the person in 2 harassed you at other times?

Yes No (If yes, describe prior incidents and provide dates of harassment below):


paper or form MC-025 and write “Attachment 7b—Previous Harassment” for a title.

Revised January 1, 2018

(Civil Harassment Prevention)Request for Civil Harassment Restraining Orders CH-100,


Page 3 of 6

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IN THIS SECTION, YOU WILL DESCRIBE THE MOST RECENT ABUSE/INCIDENT INCLUDING

THE DATE ABOVE AND WHO WAS THERE.

SAMPLE FORMS

Case Number:



Request for Civil Harassment Restraining Orders(Civil Harassment Prevention)

CH-100, Page 4 of 6

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8 Personal Conduct OrdersI ask the court to order the person in

Check the orders you want. �

2 not to do any of the following things to me or to any person to beprotected listed in 3 :

a. Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroypersonal property of, or disturb the peace of the person.

b.telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or byContact the person, either directly or indirectly, in any way, including, but not limited to, in person, by

other electronic means.c. Other (specify):


sheet of paper or form MC-025 and write "Attachment 8c-Other Personal Conduct Orders," for a

title.

The person in 2 will be ordered not to take any action to get the addresses or locations of any protected person

unless the court finds good cause not to make the order.

9

a.

Stay-Away Orders

(1)

(2)

Me.

The other persons listed in(3)

(4)

I ask the court to order the person in

(5) My school.

2

My home.

My job or workplace.

to stay at least yards away from (check all that apply):

(7) My children’s place of child care.(6) My children’s school.

3

(8)

(9)

My vehicle.

Other (specify):

b. If the court orders the person in 2 to stay away from all the places listed above, will he or she still be able

to get to his or her home, school, or job? Yes No (If no, explain below):

paper or form MC-025 and write “Attachment 9b—Stay-Away Orders,” for a title.


Guns or Other Firearms and Ammunition10

2Does the person in own or possess any guns or other firearms? Yes No I don’t know

2If the judge grants a protective order, the person in will be prohibited from owning, possessing, purchasing,

receiving, or attempting to purchase or receive a gun, other firearm, and ammunition while the protective order

2is in effect. The person in will also be ordered to turn in to law enforcement, or sell to or store with a

licensed gun dealer, any guns or firearms within his or her immediate possession or control.

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X100

X XXXXXXX

CHECK WHAT APPLIES TO YOUR CASE

Case Number:

12

court orders a shorter time for service. (Form CH-200-INFO explains What Is “Proof of Personal Service”? Form

Temporary Restraining Order

2

Request to Give Less Than Five Days' Notice of HearingYou must have your papers personally served on the person in

11

I request that a Temporary Restraining Order (TRO) be issued against the person in am presenting form CH-110, Temporary Restraining Order, for the court’s signature together with this Request.

2

Yes No (If you answered no, explain why below):

paper or form MC-025 and write “Attachment 11—Temporary Restraining Order” for a title.


at least five days before the hearing, unless the

CH-200, Proof of Personal Service, may be used to show the court that the papers have been served.)

If you want there to be fewer than five days between service and the hearing, explain why below:

paper or form MC-025 and write “Attachment 12—Request to Give Less Than Five Days' Notice” for a title.


13 No Fee for Filing or Servicea. There should be no filing fee because the person in

b. The sheriff or marshal should serve (notify) the person in

2

c. There should be no filing fee and the sheriff or marshal should serve the person in

has used or threatened to use violence against me,

has stalked me, or has acted or spoken in some other way that makes me reasonably fear violence.

2 for free because I

am entitled to a fee waiver. (You must complete and file form FW-001, Application for Waiver of CourtFees and Costs.)

2 about the orders for free because my request

for orders is based on unlawful violence, a credible threat of violence, or stalking.

14 Lawyer's Fees and CostsI ask the court to order payment of my lawyer's fees Court costs.

Item Amount Item$ $

$ $

Amount

$ $

Check here if there are more items. Put the items and amounts on the attached sheet of paper or form

MC-025 and write “Attachment 14—Lawyer’s Fees and Costs" for a title.

The amounts requested are:



Request for Civil Harassment Restraining Orders(Civil Harassment Prevention)

CH-100, Page 5 of 6

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to last until the hearing. I

Has the person in 2 been told that you were going to go to court to seek a TRO against him/her?

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CHECK a, b or C

Case Number:

15 Possession and Protection of AnimalsI ask the court to order the following:

That I be given the sole possession, care, and control of the animals listed below, which I own, possess, lease, keep, or hold, or which reside in my household.

17 Number of pages attached to this form, if any:

Date:

Lawyer’s signatureLawyer’s name (if any)

I declare under penalty of perjury under the laws of the State of California that the information above and on all

attachments is true and correct.

Date:

Type or print your name Sign your name



(Civil Harassment Prevention)Request for Civil Harassment Restraining Orders CH-100, Page 6 of 6

16 Additional Orders RequestedI ask the court to make the following additional orders (specify):

paper or form MC-025 and write “Attachment 16—Additional Orders Requested,” for a title.


a.

(Identify animals by, e.g., type, breed, name, color, sex.)


sheet of paper or form MC-025 and write “Attachment 15a—Possession of Animals” for a title.

I request sole possession of the animals because (specify good cause for granting order):

b. That the person in

conceal, molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.

2 must stay at least yards away from, and not take, sell, transfer, encumber,

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ACTUAL FORMS TO FILL OUT,

PLEASE TYPE OR PRINT NEATLY IN BLACK or BLUE INK

Madera Superior Court Form Adopted for Optional Use MAD-CV-0005 (Rev. 3/06/19)

EX-PARTE DECLARATION Page 1 of 1

I am, (specify): attorney for plaintiff/petitioner defendant/respondent not a party in the case (name): _______________

1. I did did not give notice. (if you gave notice, complete number 2 and 3 if no notice is given complete number 4a, 4b, or 4c)

2. PURSUANT TO RULE 2.4.6 OF THE LOCAL RULE OF COURT I HAVE INFORMED (name) __________________________, OF

THIS EX-PARTE APPLICATION REQUESTED BY (name): _________________________________ [Complete A, B OR C below]

A. TELEPHONE ON (Date): _____________________________________at (Time): A.M./P.M.

B. IN PERSON ON (Date): ______________________________________at (Time): ________________________ A.M./P.M.

C. OTHER

3. I TOLD (name): THAT (name): ____________________________WOULD BE BRINGING AN

EX- PARTE REQUEST ON AT 8:15 A.M. IN DEPARTMENT OF THE MADERA SUPERIOR

COURT. THAT HE/SHE WILL HAVE TO COME TO COURT AT THAT TIME IF HE/SHE OBJECTS TO THIS EX PARTE REQUEST.

4. I HAVE NOT GIVEN NOTICE OF THIS APPLICATION FOR EX PARTE ORDER FOR THE FOLLOWING REASON (S): a. GIVING NOTICE WOULD FRUSTRATE THE PURPOSE OF THE ORDER (explain in detail as to why notice is not given):

b. I WILL SUFFER IMMEDIATE AND IRREPARABLE INJURY IF NOTICE IS GIVEN (explain in detail as to why you fear giving notice):

c. OTHER (explain in detail):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

___________________________________________ ►_________________________________________________ (Type or Print Name) (Signature of Applicant)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address)

TELEPHONE NO.: FAX NO.: ATTORNEY FOR (Name):

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MADERA 200 South G Street

Madera, California 93637 Civil Division

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT: HEARING DATE: HEARING TIME:

EX-PARTE DECLARATION

DEPARTMENT:

Information Form

CLETS-001

California Law Enforcement Telecommunications System (CLETS)

This form is submitted with the initial filing (date):

CONFIDENTIAL

CLETS Information

Judicial Council of California, www.courts.ca.gov CLETS-001, Page 1 of 1Revised January 1, 2012, Mandatory Form Confidential CLETS InformationCal. Rules of Court, rule 1.51

This is an amended form (date):

Important: This form MUST NOT become part of the public court file. It is confidential and private.

Fill out as much of this form as you can and give it to the court clerk. If the court issues a restraining order, this formwill provide law enforcement with information that will help them enforce it. If any of this information changes, fill outa new (amended) form.

Case Number (if you know it):

1 Person to Be Protected (Name):

Sex: M F Height: Weight: Race:

Hair Color: Eye Color: Age: Date of Birth:

Mailing Address (listed on restraining order):

City: State: Zip: Telephone (optional):

Vehicle (Type, Model, Year): (License Number and State):

2 Person to Be Restrained (Name):

Sex: M F Height: Weight:

Hair Color: Eye Color: Age:

Residence Address:

Race:

Date of Birth:

City: State: Zip: Telephone:

Vehicle (Type, Model, Year): (License Number and State):

Business Address:

City: State: Zip: Telephone:

Work Hours:

Employer:

Occupation/Title:

Social Security Number:Driver’s License Number and State:

Describe any marks, scars, or tattoos:

Other names used by the restrained person:

Guns or Firearms Describe any guns or firearms that you believe the person in(Number, types, and locations):

3 2 owns or has access to

4 Other People to Be ProtectedName Date of Birth Sex Race

Relation toPerson in 1

Additional persons to be protected are listed on Attachment 4.

This is not a Court Order—Do not place in court file.

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MC-025SHORT TITLE: CASE NUMBER:

ATTACHMENT (Number) :(This Attachment may be used with any Judicial Council form.)

(If the item that this Attachment concerns is made under penalty of perjury, all statements in thisAttachment are made under penalty of perjury.)

Form Approved for Optional Use ATTACHMENTJudicial Council of CaliforniaMC-025 [Rev. July 1, 2009] to Judicial Council Form

Page

www.courtinfo.ca.gov

of

(Add pages as required)

7a(3)

1: SAMPLE CLIENT

Notice of Court HearingCH-109 Clerk stamps date here when form is filed.

Person Seeking Protection1



2 Person From Whom Protection Is Sought

Court fills in case number when form is filed:

Case Number:

Full Name:

:2

Notice of Hearing3

Name and address of court if different from above:Date:� Time:

Dept.: Room:

Temporary Restraining Orders4

(1) All GRANTED until the court hearing.

(2)

Judicial Council of California, www.courts.ca.gov Notice of Court HearingRevised January 1, 2019, Mandatory FormCode of Civil Procedure, § 527.6Approved by DOJ (Civil Harassment Prevention)

HearingDate

A court hearing is scheduled on the request for restraining orders against the person in

a. Your Full Name:

Name:

Firm Name:

State Bar No.:

b. Your Address (If you have a lawyer, give your lawyer’s information.If you do not have a lawyer and want to keep your home addressprivate, you may give a different mailing address instead. You do nothave to give telephone, fax, or e-mail.)

Address:

City:

Telephone:

E-Mail Address:

The court will complete the rest of this form.

a. Temporary Restraining Orders for personal conduct and stay-away orders as requested in form CH-100, Requestfor Civil Harassment Restraining Orders, are (check only one box below):

All DENIED until the court hearing. (Specify reasons for denial in b, below.)

(Any orders granted are on form CH-110, served with this notice.)

(3) Partly GRANTED and partly DENIED until the court hearing. (Specify reasons for denial in b, below.)

CH-109, �

Page 1 of 3

Your Lawyer (if you have one for this case):

State: Zip:

Fax:

�

�

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Civil Division

Case Number:

1

6 Service of Documents by The Person in 1

Rev. January 1, 2019

(1)

b.

The facts as stated in form CH-100 do not sufficiently show acts of violence, threats of violence, or acourse of conduct that seriously alarmed, annoyed, or harassed the person inemotional distress.

Reasons for denial of some or all of those personal conduct and stay-away orders as requested in form CH-100,Request for Civil Harassment Restraining Orders, are:

(2) Other (specify): As set forth on Attachment 4b.

a.

b.

c.

d.

e.

CH-120-INFO, How Can I Respond to a Request for Civil Harassment Restraining Orders?

CH-110, Temporary Restraining Order (file-stamped) IF GRANTED

CH-120, Response to Request for Civil Harassment Restraining Orders (blank form)

CH-250, Proof of Service of Response by Mail (blank form)

f.

CH-100, Request for Civil Harassment Restraining Orders (file-stamped)

CH-170, Notice of Order Protecting Information of Minor and CH-165, Order on Request to Keep Minor'sInformation Confidential (file-stamped) IF GRANTED

Date:Judicial Officer

CH-109, �

Page 2 of 3

At least five days before the hearing, someone age 18 or older—not you or anyone to beprotected—must personally give (serve) a court's file-stamped copy of this form CH-109, to the person inalong with a copy of all the forms indicated below:

2

Notice of Court Hearing(Civil Harassment Prevention)

and caused substantial

5 Confidential Information Regarding Minor

a.

If the request was granted, the information described in itemb.

A Request to Keep Minor's Information Confidential (form CH-160) was made and GRANTED. (See formCH-165, Order on Request to Keep Minor's Information Confidential, served with this form.)

8kept CONFIDENTIAL. The disclosure or misuse of the information is punishable as contempt of court,with a fine of up to $1000 or possible sanctions.

on the order (form CH-165) must be

g. Other (specify):

�

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Rev. January 1, 2019CH-109, Page 3 of 3

�

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To the Person in :

1

The person who mailed the form must fill out a proof of service form. Form CH-250, Proof of Service of Response byMail, may be used. File the completed form with the court before the hearing and bring a copy with you to the courthearing.

If you want to respond to the request for orders in writing, file form CH-120, Response to Request for CivilHarassment Restraining Orders, and have someone age 18 or older—not you or anyone to be protected—mail it tothe person in

Case Number:

2

.

� Whether or not you respond in writing, go to the hearing if you want the judge to hear from you before making anorder. You may tell the judge why you agree or disagree with the orders requested.

� You may bring witnesses and other evidence.

� At the hearing, the judge may make restraining orders against you that could last up to five years and may order you toturn in to law enforcement, or sell to or store with a licensed gun dealer, any firearms that you own or possess.

Clerk's Certificate

Request for Accommodations

(Clerk will fill out this part.)

- Clerk's Certificate -

[seal]

Date:

Clerk, by

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter servicesare available if you ask at least five days before the hearing. Contact the clerk’s office or go towww.courts.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Response(form MC-410). (Civ. Code, § 54.8.)

I certify that this Notice of Court Hearing is a true and correct copy of the original on file in the court.

, Deputy

Notice of Court Hearing(Civil Harassment Prevention)

To the Person in :

� 22

� For information about service, read form CH-200-INFO, What Is “Proof of Personal Service”?

� 2 in time, you may ask for more time to serve the documents.If you are unable to serve the person inUse form CH-115, Request to Continue Court Hearing and to Reissue Temporary Restraining Order.

The court cannot make the restraining orders after the court hearing unless the person in(served) a copy of your request and any temporary orders. To show that the person in who served the forms must fill out a proof of service form. Form CH-200, Proof of Personal Service, may be used.

has been personally givenhas been served, the person

1

Temporary Restraining OrderCH-110 Clerk stamps date here when form is filed.

Protected Person1





Sex: M F Height:

Case Number:

Weight:

Race:Hair Color: Eye Color: Age:

Date of Birth:

This is a Court Order.Judicial Council of California, www.courts.ca.govRevised January 1, 2017, Mandatory Form

�Code of Civil Procedure, §§ 527.6 and 527.9

CH-110,

Name:

Page 1 of 6

Person in 1 must complete items 1 , 2 , and 3 only.

State Bar No.:

Address:City:

Telephone:

State: Zip:

Fax:E-Mail Address:

2 Restrained Person

Description:

Home Address (if known):

City: State: Zip:

3 Additional Protected PersonsIn addition to the person named in 1 , the following family or household members of that person are protected by

Full Name Relation to Protected PersonSex Age

Check here if there are additional persons. List them on an attached sheet of paper and write “Attachment 3—


4 Expiration DateThis Order expires at the end of the hearing scheduled for the date and time below:

Date: Time: a.m. p.m.

Approved by DOJ

Temporary Restraining Order (CLETS-TCH)(Civil Harassment Prevention)

Firm Name:

Your Address (If you have a lawyer, give your lawyer’s information.If you do not have a lawyer and want to keep your home addressprivate, you may give a different mailing address instead. You do nothave to give telephone, fax, or e-mail.):

Relationship to Protected Person:

Additional Protected Persons” as a title. You may use form MC-025, Attachment.

Your Full Name:a.

b.

Full Name:

the temporary orders indicated below:

Household Member?

Yes NoYes No

Yes No

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Civil Division

To the Person in :2

The court has granted the temporary orders checked as granted below. If you do not obey these orders, you can bearrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both.

5

a.

Personal Conduct Orders

You must not do the following things to the person in 1

Not Requested

destroy personal property of, or disturb the peace of the person.

and to the other protected persons listed in 3

Denied Until the Hearing

:

Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse,

Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, bytelephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax,

Granted as Follows:

(1)

(2)

b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related

on the person into a court case is allowed and does not violate this order. However, you may have your papers served by mail

or by other electronic means.(3) Take any action to obtain the person’s address or location. If this item (3) is not checked, the court has

found good cause not to make this order.(4) Other (specify):

Other personal conduct orders are attached at the end of this Order on Attachment 5a(4).

.1

6 Stay-Away Order

You must stay at leasta.

The person in 1

Each person in 3

Not Requested

The home of the person in 1

The job or workplace of the person

1

yards away from (check all that apply):

The school of the person in

Other (specify):

Denied Until the Hearing

The place of child care of the children of

The vehicle of the person in

Granted as Follows:

b. This stay-away order does not prevent you from going to or from your home or place of employment.

(1)(2)

(3)(4)

(5)in

(7)

(8)(9)

the person in 1

1

7

a.firearms, or ammunition.

No Guns or Other Firearms and Ammunition

b. You must:Sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other

You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other

firearms in your immediate possession or control. This must be done within 24 hours of being served with

CH-110,�

Page 2 of 6

This is a Court Order.Revised January 1, 2017, Mandatory Form

(1)

Case Number:

Temporary Restraining Order (CLETS-TCH)(Civil Harassment Prevention)

this Order.

The school of the children of the(6)1person in

1

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(2)

c.Sold, or Stored, for the receipt.)

Other Orders9

Not Requested Denied Until the Hearing

Additional orders are attached at the end of this Order on Attachment 9.

Mandatory Entry of Order Into CARPOS Through CLETS10

The court has received information that you own or possess a firearm.

California Law Enforcement Telecommunications System (CLETS). (Check one):

Case Number:

Granted as Follows

The clerk will enter this Order and its proof-of-service form into CARPOS.a.b.

into CARPOS.

File a receipt with the court within 48 hours of receiving this Order that proves that your guns or

c. By the close of business on the date that this Order is made, the person in 1 or his or her lawyer should

deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to

This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the

firearms have been turned in, sold, or stored. (You may use form CH-800, Proof of Firearms Turned In,

enter into CARPOS:

The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered

Name of Law Enforcement Agency Address (City, State, Zip)

Additional law enforcement agencies are listed at the end of this Order on Attachment 10.

Revised January 1, 2017, Mandatory Form Temporary Restraining Order (CLETS-TCH)(Civil Harassment Prevention)

This is a Court Order.

CH-110,�

Page 3 of 6

(specify):

To the Person in :1

Possession and Protection of Animals8

(specify):Not Requested Denied Until the Hearing Granted as Follows

a. The person in 1 is given the sole possession, care, and control of the animals listed below, which areowned, possessed, leased, kept, or held by him or her, or reside in his or her household.

(Identify animals by, e.g., type, breed, name, color, sex.)

b. The person in 2 must stay at leastmolest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.

yards away from, and not take, sell, transfer, encumber, conceal,

�

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Case Number:

You Cannot Have Guns or Firearms

Warnings and Notices to the Restrained Person in 2

You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or

Notice Regarding Nonappearance at Hearing and Service of Order

ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or store

stated in item

Obey all the orders.�

7

with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that you have or control as

Read form CH-120-INFO, How Can I Respond to a Request for Civil Harassment Restraining Orders?, to learn how�

If you have been personally served with this Temporary Restraining Order and form CH-109, Notice of Court Hearing,

but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this

you by mail at the address in item 2

Temporary Restraining Order except for the expiration date is issued at the hearing, a copy of the order will be served on

If this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restrainingorder at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the court.

After You Have Been Served With a Restraining Order

to respond to this Order.

If you want to respond, fill out form CH-120, Response to Request for Civil Harassment Restraining Orders, and file�

it with the court clerk. You do not have to pay any fee to file your response if the Request claims that you inflicted or

threatened violence against or stalked the person in 1 .

�

Mail. File the completed proof of service with the court clerk before the hearing date or bring it with you to the

1

.

You must have form CH-120 served by mail on the person inyourself. The person who does the mailing should complete and sign form CH-250, Proof of Service of Response by

or that person’s attorney. You cannot do this

hearing.

� In addition to the response, you may file and have declarations served, signed by you and other persons who have

.

prepare a declaration, you should see a lawyer.

clerk's office at the court shown on page 1 of this form or at www.courts.ca.gov/forms. If you do not know how topersonal knowledge of the facts. You may use form MC-030, Declaration, for this purpose. It is available from the

Revised January 1, 2017, Mandatory Form



Temporary Restraining Order (CLETS-TCH) CH-110,�

Page 4 of 6

.

above. The court will require you to prove that you did so.

No Fee to Serve (Notify) Restrained Person Ordered11 Not OrderedThe sheriff or marshal will serve this Order without charge because:a. The Order is based on unlawful violence, a credible threat of violence, or stalking.

The person inb. 1 is entitled to a fee waiver.

Number of pages attached to this Order, if any:12


� �

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hearing.

� At the hearing, the judge can make restraining orders against you that last for up to five years. Tell the judge why

you disagree with the orders requested.

Instructions for Law Enforcement

Enforcing the Restraining Order

verified its existence on the California Restraining and Protective Orders System (CARPOS). If the law enforcementagency has not received proof of service on the restrained person, the agency must advise the restrained person of the

terms of the order and then must enforce it. Violations of this order are subject to criminal penalties.

Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the

This order is enforceable by any law enforcement agency that has received the order, is shown a copy of the order, or has

Case Number:

Start Date and End Date of OrdersThis order starts on the date next to the judge’s signature on page 4. The order ends on the expiration date in itempage 1.

Arrest Required if Order Is Violated

the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation of the order may be aviolation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS.

Notice/Proof of Service

person “served” (given notice) if (Pen. Code, § 836(c)(2)):

The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or�

� The restrained person was informed of the order by an officer.

enforce it.

If the Protected Person Contacts the Restrained Person

4

order can be changed only by another court order. (Pen. Code, § 13710(b).)

the restrained person cannot be verified, the agency must advise the restrained person of the terms of the order and then

If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order,

on

The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained

An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on

be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. TheEven if the protected person invites or consents to contact with the restrained person, this order remains in effect and must




Temporary Restraining Order (CLETS-TCH) CH-110,�

Page 5 of 6

Case Number:



CH-110, Page 6 of 6

Clerk's Certificate

-Clerk's Certificate-(Clerk will fill out this part.)

[seal]

Date: Clerk, by

I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court.

, Deputy

Conflicting Orders—Priorities for Enforcement

(Civil Harassment Prevention)Temporary Restraining Order (CLETS-TCH)

If more than one restraining order has been issued, the orders must be enforced according tothe following priorities

1. EPO: If one of the orders is an Emergency Protective Order (form EPO-001) and is more restrictive than otherrestraining or protective orders, it has precedence in enforcement over all other orders.

precedence over any other restraining or protective order.2. No Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has

criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of3. Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a

has been issued, the one that was issued last must be enforced.

4. Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective orderthe civil restraining order remain in effect and enforceable.

(see Pen. Code, § 136.2; Fam. Code, §§ 6383(h)(2), 6405(b)):

CH-115-INFO How to Ask for a New Hearing Date

You are the person asking for protection and are unable to have form CH-109, Notice of Court Hearing, and otherpapers served in time before the hearing date.

Judicial Council of California, www.courts.ca.gov CH-115-INFO, Page 1 of 1How to Ask for a New Hearing DateNew July 1, 2016Code of Civil Procedure, § 527.6(p)

on form CH-116, Order on Request to Continue Hearing.through

9 on form CH-116.

You may need to ask for a new hearing date if:

1


�

� You are the person to be restrained making your first request for continuance, and you need time to hire an attorney orprepare a response.

� You have a good reason for needing a new hearing date. (The court may grant a request to continue the hearingon a showing of good cause.)

What does form CH-115 do?

Use form CH-115 to ask the court to “continue” the hearing. If the court continues the hearing and a TemporaryRestraining Order (TRO; form CH-110) was issued, the TRO will be extended until the end of the new hearing unless thecourt decides to modify or terminate it.

� “Continue” the hearing means to give you a new hearing date.

� “Extend” means to keep any temporary orders in effect until the new hearing date.

�

Follow these steps:

Fill out all of form CH-115.

� Fill out items

� The judge will need to review your papers. In some courts, you must give your papers to the clerk. Ask the court clerkfor information on how you ask the judge to review your papers.

� After you turn in your forms as required by your local court, check with the clerk’s office to see if the judge approved(granted) your request to continue the hearing.

� If the judge signs form CH-116, the court will give you a new hearing date. If the judge does NOT sign the form, youshould go to the hearing at the date, time, and location that is shown on form CH-109.

� Next, file both forms CH-115 and CH-116 with the clerk. The clerk will make up to three file-stamped copies for you.Keep at least one copy to bring to court on the hearing date.

� The other party must be served a copy of the court papers as described in item� Ask the person who serves the papers to complete a proof of service form and give it to you. If service was in person,

use form CH-200, Proof of Personal Service. If service was by mail, use form POS-040, Proof of Service—Civil. Maketwo copies of the completed forms.

3

� File the completed and signed proof of service form with the clerk’s office before the hearing.� If the court continues the hearing date and extends the TRO to the date of the new hearing, the clerk will send the TRO

to law enforcement. It will be entered into a statewide computer system that lets police know about the order so that itcan be enforced.

Go to the hearing.

� Take at least two copies of your documents and filed forms to the hearing. Include a filed proof of service form.“Documents” may include exhibits, declarations, and financial statements, which the court may enter into evidence atits discretion.

� If you are the person seeking protection and you do not go to the hearing, the Temporary Restraining Order will expireon the date and time of the hearing. If you are the person to be restrained and you do not go to the hearing, the court canstill make orders against you that can last for up to five years.

Need help?

Ask the court clerk about free or low-cost legal help that may be available in your county.

CH-115Clerk stamps date here when form is filed.

Party Seeking Continuance1



Full Name:

E-Mail Address:

Case Number:

Other Party

Name:

Firm Name:

Address:

State Bar No.:

City: State: Zip:

Telephone: Fax:

2

Fill in case number:

Judicial Council of California, www.courts.ca.gov


Request to Continue Court Hearing(Civil Harassment Prevention)

Full Name:

Page 1 of 2CH-115,

a.

Your Address (If you have a lawyer, give your lawyer’s information.b.

a.

(1)b.

(2)

The party from whom protection is sought could not be served before the hearing date.

I am the party from whom protection is sought and this is my first request to continue the hearing date.

Request to Continue Hearing3

I ask the court to continue the hearing currently scheduled for (date):

Request to Continue Court Hearing

party seeking protection.

I request that the hearing be continued because (check any that apply):

below on Attachment 3b(4)

If you do not have a lawyer and want to keep your home address

private, you may give a different mailing address instead. You do not

have to give telephone, fax, or e-mail.)

I am the


Revised July 1, 2016, Mandatory FormCode of Civil Procedure, § 527.6(p)

Use this form to ask the court to change the hearing date listed on form CH-109,

Notice of Court Hearing. Read CH-115-INFO, How to Ask for a New Hearing

Date, for more information.

(3) I need more time to hire a lawyer or prepare a response.

(4) Other good cause as stated

party from whom protection is sought.

c. (1) This is my first request for a continuance.

times.(2) The hearing has previously been continued

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Civil Division

Extension of Temporary Restraining Order4

a. A Temporary Restraining Order (Form CH-110) was issued on (date):

b. Notice: If the hearing date is continued, the Temporary Restraining Order will remain in effect until the

Date:

SignatureType or print your name

Request to Continue Court Hearing Page 2 of 2CH-115,Revised July 1, 2016

Case Number:

Please attach a copy of the order if you have one.

end of the new hearing unless otherwise ordered by the court.

Attorney Party Without Attorney

I declare under penalty of perjury under the laws of the State of California that the information above and on allattachments is true and correct.


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CH-116

3

I am the

Name:

Hearing

Party Seeking Continuance

State Bar No.:

Order on Request to Continue

protected party

Firm Name:

Your Address (If you have a lawyer, give your lawyer’s information. Ifyou do not have a lawyer and want to keep your home address private,you may give a different mailing address instead. You do not have togive telephone, fax, or e-mail.)


Address:


City: State: Zip:

Case Number:



Telephone: Fax: E-Mail:

1 Protected Person

Full Name:

4 Order on Request for Continuancea. The hearing in this matter is currently scheduled for (date): at (time):

b. The request for a continuance is DENIED for the reasons set forth

c. The request for a continuance is GRANTED as set forth below.

Order Granting Continuance and Notice of New Hearing

Date: Time:Name and address of court if different from above:

Dept.: Room:

5

The court hearing on the Request for Civil Harassment Restraining Orders (form CH-100) iscontinued and rescheduled as follows:

www.courts.ca.govJudicial Council of California

Revised July 1, 2016, Mandatory Form

CH-116, Page 1 of 3�


NewHearing

Date

�

(Civil Harassment Prevention)Order on Request to Continue Hearing (CLETS–TCH)

below on Attachment 4b

The hearing shall be held as currently scheduled in a, above. The Temporary Restraining Order (Formremains in full force and effect until the hearing date.

restrained partyYour Lawyer (if you have one for this case):

2

Full Name:

Restrained Party

The extended Temporary Restraining Order (form CH-110) expires at the end of this hearing.

Code of Civil Procedure, § 527.6(p)

CH-110) issued on (date):

Complete items ,1 2 3, and only.


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Civil Division

Case Number:

Reason for the Continuance6

a. The continuance is needed because:

This is a Court Order.Page 2 of 3

�Revised July 1, 2016

(1) The person in(2)

was not served before the current hearing date.

(3)(4) Other good cause as stated below on Attachment 6a(4)

b. The court finds good cause and orders a continuance in its discretion.

7 Extension of Temporary Restraining Ordera. No Temporary Restraining Order was issued in this case.

b. Extension of the Temporary Restraining Order (TRO; form CH-110) issued on (date):

until the new hearing date is:

(1) GRANTED. There are no changes to the TRO except for the expiration date. The TRO remains in

effect until the end of the hearing in 5 .

(2)Temporary Restraining Order. All orders on the attached Order remain in effect until the end of the.GRANTED AS MODIFIED. The TRO is modified. See the attached amended Form CH-110,

(3) DENIED and the TRO is TERMINATED for the reasons stated:below on Attachment 7b(3)

Warning and Notice to the Person in

If 7 b(1) or b(2) is checked, you must continue to obey the Temporary Restraining Orderuntil it expires at the end of the hearing scheduled in 5 .

Other Orders8

Other orders are attached at the end of this Order on Attachment 8.

hearing in 5 .

CH-116,

(specify):

Order on Request to Continue Hearing (CLETS–TCH)(Civil Harassment Prevention)

2

The person in asked for a first continuance of the hearing.2

The person in asked for more time to hire a lawyer or prepare a response.2

2

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Case Number:

9

a.

Service of Order

No further service of this Order is required because both parties were present at the initial hearing in item

b. The court granted the person in

c.served on the person inThe court granted the person in

Restraining Order (form CH-110) must be personally served if it was modified by the court in item 7b(2).


Revised July 1, 2016

This is a Court Order.Page 3 of 3

served on the person in days before the hearing in 5

4a, and both were given a signed copy of this Order.

(1) All other documents requesting civil harassment restraining orders as shown in Form CH-109, Notice

of Court Hearing, item 5 must be personally served on the person in

.

(2)on the person inThe Temporary Restraining Order (form CH-110) has been modified and must be personally served

(3)

denied in item 7b(3).

A copy of the Temporary Restraining Order must NOT be served because extension of the order is

days before the hearing in 5 . A copy of the Temporary

d. All documents must be personally served unless otherwise specified below.

10 Mandatory Entry of Order Into CARPOS Through CLETSIf a continuance is granted, the court or its designee will transmit this form within one business day to law

enforcement personnel for entry into the California Restraining and Protective Order System (CARPOS) via theCalifornia Law Enforcement Telecommunications System (CLETS).

CH-116,

Clerk’s Certificate

[seal]

Date:

the original on file in the court.

Request for Accommodations

(Form MC-410). (Civ. Code, § 54.8.)

Clerk, by


—Clerk’s Certificate—

I certify that this Order on Request to Continue Hearing is a true and correct copy of

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services

, Deputy

are available if you ask at least five days before the hearing. Contact the clerk’s office or go to www.courts.ca.gov/forms.htm for Request for Accommodations by Persons With Disabilities and Response

Order on Request to Continue Hearing (CLETS–TCH)(Civil Harassment Prevention)

’s request to continue the hearing date. A copy of this Order must be1

2 at least

2 .

.2

’s request to continue the hearing date. A copy of this Order must be2

1 at least

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What Is “Proof of Personal Service”?CH-200-INFO

Judicial Council of California, www.courts.ca.govRevised January 1, 2012, Optional Form

�CH-200-INFO, Page 1 of 2What Is ''Proof of Personal Service''?

�

�

What orders you are asking for

The hearing date

What is “Service”?

Why do I have to get the orders served?

Service is the act of giving your legal papers to the other party. There are many kinds of service—in person, by mail, andothers. This form is about personal or “in-person” service. The Request for Civil Harassment Restraining Orders (FormCH-100), the Notice of Court Hearing (Form CH-109), and the Temporary Restraining Order (Form CH-110) must beserved “in person.” That means that someone must personally “serve” (give) a copy of the forms to the person to berestrained. These forms cannot be served by mail.

Service lets the other person know:

� How to respond

�

� The judge cannot make the orders permanent unless the restrained person was served.

The police cannot arrest anyone for violating an order unless that person knows about the order.

Who can serve?Ask someone you know, a process server, or a law enforcement agency to

personally serve (give) a copy of the forms to the person to be restrained. Youcannot send the forms to that person by mail.

The server must:

Be 18 years of age or older�

Not be you or anyone whom you are asking to be protected by the orders�

The sheriff or marshal may be authorized to serve the court’s orders for free if the

orders are based on claims of stalking, unlawful violence, or a credible threat ofviolence, or if you are entitled to a fee waiver.

A “registered process server” is a business you pay to deliver court forms. Look for

“Process Serving” in the Yellow Pages or on the Internet.

(If a law enforcement agency or the process server uses a different proof-of-serviceform, make sure it lists the forms served.)

�

�

Walk up to the person to be served.

Make sure it is the right person. Ask the person’s name.

Ask the server to:

� Give the person copies of all papers checked on Form CH-200, Proof of Personal Service.

� Fill out and sign the Proof of Personal Service form.� Give the signed Proof of Personal Service to you.

How to serve

What if the person won’t take the papers or tears them up?

�

� It doesn’t matter if the person tears them up. Service is still complete.

If the person won’t take the papers, just leave them near him or her.


Don't serve it by mail!

CH-200-INFO What Is “Proof of Personal Service”?

When do the orders have to be served?It depends. To know the exact date, you have to look at two things on Form CH-109, Notice of Court Hearing:

First, look at the hearing date on page 1 of FormCH-109.

Next, look at the number of days in item Form CH-109.

5 on page 2 of

Look at a calendar. Subtract the number of days in 5 from the hearing date. That is the final date to have the ordersserved. It is always OK to serve earlier than that date.

If nothing is checked or written in 5 , you must serve the orders at least five days before the hearing.

Who signs the Proof of Personal Service?Only the person who serves the forms can sign Form CH-200, Proof of Personal Service. You do not sign it; therestrained person does not need to sign it.

What do I do with the completed Proof of Personal Service?If someone other than the sheriff serves the papers, you should:

�

� File the original with the court before your hearing.

Make several copies.

� Ask the clerk to enter it into the California Law Enforcement Telecommunications System (CLETS), a specialcomputer system that lets police all over the state find out about the orders protecting you.

�

� Bring a copy of the completed Proof of Personal Service to your hearing.

If the clerk tells you that the court cannot enter it into the computer, take a copy of the Temporary RestrainingOrder (Form CH-110) and Proof of Personal Service (Form CH-200) to your local police. They will put theinformation into the state computer system. That way, police all over the state will know that your restrainingorder has been served.

� Always keep an extra copy of the restraining orders with you for your safety.

If the sheriff serves the papers, he or she will send the proof of service to the court and CLETS for you.

What happens if I can't get the orders served before the hearing date?Before your hearing, fill out and file Form CH-115, Request to Continue Court Hearing and to Reissue TemporaryRestraining Order. This form asks the court for a new hearing date and makes your orders last until then. Ask the clerkfor the form. After the court has reissued the orders, attach a copy of Form CH-116, Notice of New Hearing Date andOrder on Reissuance, to a copy of your original orders. Ask the clerk to enter Form CH-116 into CLETS, or the clerkmay ask you or your attorney to deliver a copy to the police. That way, the police will know your orders are still ineffect.

Revised January 1, 2012 What Is ''Proof of Personal Service''?(Civil Harassment Prevention)

CH-200-INFO, Page 2 of 2

CH-200 Clerk stamps date here when form is filed.Proof of Personal Service

Person Seeking Protection1

2

Notice to Server3The server must:� Be 18 years of age or older.

Fill in court name and street address:� Not be listed in items

Superior Court of California, County ofof Form CH-100.� Give a copy of all documents checked in 4 to the person in 2

(You cannot send them by mail.) Then complete and sign this


form and give or mail it to the person in

Case Number:

.1

PROOF OF PERSONAL SERVICE

4 2I gave the person in a copy of the forms checked below:

a. CH-109, Notice of Court Hearing

b. CH-110, Temporary Restraining Order

c. CH-100, Request for Civil Harassment Restraining Orders

d. CH-120, Response to Request for Civil Harassment Restraining Orders (blank form)

e. CH-120-INFO, How Can I Respond to a Request for Civil Harassment Restraining Orders?

f. CH-130, Civil Harassment Restraining Order After Hearing

h. Other (specify):

2I personally gave copies of the documents checked above to the person in :

a.

5

On (date): b. At (time): a.m. p.m.c. At this address:

City: State: Zip:

Server's Information6

Name:

Address:City:

Telephone:(If you are a registered process server):

County of registration: Registration number:I declare under penalty of perjury under the laws of the State of California that the information above is true andcorrect.

Date:

Type or print server's name Server to sign here

Judicial Council of California, www.courts.ca.gov CH-200, Page 1 of 1Proof of Personal Service(Civil Harassment Prevention)

Name:

Name:

Person From Whom Protection Is Sought

31 or

g. CH-800, Proof of Firearms Turned In, Sold, or Stored (blank form)

State: Zip:

Revised July 1, 2014, Optional FormCode of Civil Procedure, § 527.6

. .

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Civil Division

Civil Harassment RestrainingCH-130 Clerk stamps date here when form is filed.Order After Hearing




Case Number:

This is a Court Order.Judicial Council of California, www.courts.ca.gov CH-130, Page 1 of 6Revised January 1, 2018, Mandatory Form Civil Harassment Restraining Order After HearingCode of Civil Procedure, §§ 527.6 and 527.9

�Approved by DOJ (CLETS-CHO)(Civil Harassment Prevention)

Person in 1 must complete items 1 2, , and 3 only.

Protected Person1

a. Your Full Name:Your Lawyer (if you have one for this case)

Name:Firm Name:

State Bar No.:

b. Your Address (If you have a lawyer, give your lawyer’s information.If you do not have a lawyer and want to keep your home addressprivate, you may give a different mailing address instead. You do nothave to give telephone, fax, or e-mail.)

City:

Telephone:

State: Zip:Address:

Fax:E-Mail Address:

2 Restrained PersonFull Name:Description

Sex: M F

Hair Color:

Height:

Eye Color:

Weight:

Age: Race:

Date of Birth:

Home Address (if known):

City: State: Zip:Relationship to Protected Person:

3 Additional Protected PersonsIn addition to the person named in the orders indicated below:

1 , the following family or household members of that person are protected by

Full Name Sex Age Lives with you? How are they related to you?Yes No

Yes No

Check here if there are additional persons. List them on an attached sheet of paper and write “Attachment 3—Additional Protected Persons” as a title. You may use form MC-025, Attachment.

4

This Order, except for any award of lawyer’s fees, expires atExpiration Date

Time: a.m. p.m. midnight on (date):

If no expiration date is written here, this Order expires three years from the date of issuance.

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Civil Division

Case Number:

(1)

(2)

There was a hearing on (date): at (time):

(Name of judicial officer):

These people were at the hearing:The person in (3)1

The person in (4)

The lawyer for the person in

in Dept.:made the orders at the hearing.

Room:

Hearing5

a.

b.1 (name):

The lawyer for the person in 2 (name):2

Additional persons present are listed at the end of this Order on Attachment 5.

The hearing is continued. The parties must return to court on (date):c. at (time): .

To the Person in :2

The court has granted the orders checked below. If you do not obey these orders, you can be arrested

6 Personal Conduct Ordersa.

and to the other protected persons listed inYou must not do the following things to the person named in

(1) Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse,destroy personal property of, or disturb the peace of the person.

1

3

(2) Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, bytelephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax,or by other electronic means.

(3) Take any action to obtain the person’s address or location. If this item (3) is not checked, the court hasfound good cause not to make this order.

(4) Other (specify):

Other personal conduct orders are attached at the end of this Order on Attachment 6a(4).

b. Peaceful written contact through a lawyer or process server or other person for service of legal papers related toa court case is allowed and does not violate this Order.

7

a.

Stay-Away OrdersYou must stay at least

1

yards away from (check all that apply):

(1) The person in1

(7) The place of child care of the children of the person in(2) 3Each person in

(3)

1

The home of the person in

(4)

1

The job or workplace of the person

(5) 1The school of the person in

(8) 1The vehicle of the person in(9) Other (specify):




Civil Harassment Restraining Order After Hearing(CLETS-CHO)


:

(6)1

The school of the children of theperson in

in

b. This stay-away order does not prevent you from going to or from your home or place of employment.

.

.

and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both.

.

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No Guns or Other Firearms and Ammunition8

You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns,other firearms, or ammunition.

a.

Case Number:

b. If you have not already done so, you must:� Within 24 hours of being served with this Order, sell to or store with a licensed gun dealer, or turn in to a

law enforcement agency, any guns or other firearms in your immediate possession or control.

� File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearmshave been turned in, sold, or stored. (You may use form CH-800, Proof of Firearms Turned In, Sold, orStored, for the receipt.)

c. The court has received information that you own or possess a firearm.

9 Lawyer’s Fees and Costs

lawyer’s feesThe person in must pay to the person in the following amounts for

costs:

Item Amount$

$

Item Amount$

$

Additional items and amounts are attached at the end of this Order on Attachment 9.

11 Other Orders (specify):

Additional orders are attached at the end of this Order on Attachment 11.






10 Possession and Protection of Animals

a. The person in is given the sole possession, care, and control of the animals listed below, which areowned, possessed, leased, kept, or held by him or her, or reside in his or her household.(Identify animals by, e.g., type, breed, name, color, sex.)

1

b. 2The person in must stay at least yards away from, and not take, sell, transfer, encumber, conceal,molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.

d. The court has made the necessary findings and applies the firearm relinquishment exemption under Code ofCivil Procedure section 527.9(f). Under California law, the person in firearm (specify make, model, and serial number of firearm(s)):

2 is not required to relinquish this

The firearm must be in his or her physical possession only during scheduled work hours and during travel toand from his or her place of employment. Even if exempt under California law, the person in subject to federal prosecution for possessing or controlling a firearm.

2 may be

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Case Number:






12 Mandatory Entry of Order Into CARPOS Through CLETS

a.

To the Person in :

The clerk will enter this Order and its proof-of-service form into CARPOS.

b.

c. 1By the close of business on the date that this Order is made, the person indeliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below toenter into CARPOS:

or his or her lawyer should

This Order must be entered into the California Restraining and Protective Order System (CARPOS) through theCalifornia Law Enforcement Telecommunications System (CLETS). (Check one):

The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be enteredinto CARPOS.

Name of Law Enforcement Agency Address (City, State, Zip)

Additional law enforcement agencies are listed at the end of this Order on Attachment 12.

13

a. The person in

b. The person in

2

2

(1)

2

(2)

did not attend the hearing.

31 orSomeone—but not anyone in2 .in

must be served with this Order. Service may be by mail.

14 No Fee to Serve (Notify) Restrained PersonThe sheriff or marshal will serve this Order without charge because:

a.

Service of Order on Restrained Person

1 is entitled to a fee waiver.b. The person inThe Order is based on unlawful violence, a credible threat of violence, or stalking.

personally attended the hearing. No other proof of service is needed.

—must personally serve a copy of this Order on the person

Proof of service of form CH-110, Temporary Restraining Order, was presented to the court. The

The judge’s orders in this form are different from the temporary restraining orders in form CH-110.

judge's orders in this form are the same as in form CH-110 except for the expiration date. The person in

Number of pages attached to this Order, if any:15

Date:

Judicial Officer

1

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CH-130, Page 5 of 6Civil Harassment Restraining Order After Hearing(CLETS-CHO)


You Cannot Have Guns or Firearms

8 above. The court will require you to prove that you did so.you have or control as stated in item

Instructions for Law Enforcement

Warning and Notice to the Restrained Person in :

Unless item 8d is checked, you cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get

2

This Order is enforceable by any law enforcement agency that has received the Order, is shown a copy of the Order, or

has verified its existence on the California Restraining and Protective Order System (CARPOS). If the law enforcement

guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You

Enforcing the Restraining Order

agency has not received proof of service on the restrained person, and the restrained person was not present at the court

must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that

hearing, the agency must advise the restrained person of the terms of the Order and then must enforce it. Violations ofthis Order are subject to criminal penalties.

Case Number:

Start Date and End Date of Orders

Arrest Required If Order Is Violated

Notice/Proof of Service

This Order starts on the date next to the judge’s signature on page 4 and ends on the expiration date in item 4 on page 1.

If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed it, theofficer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation

of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS.

The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrainedperson “served” (given notice) if (Pen. Code, § 836(c)(2)):

� The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or

� The restrained person was at the restraining order hearing or was informed of the order by an officer.An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on

the restrained person cannot be verified and the restrained person was not present at the court hearing, the agency mustadvise the restrained person of the terms of the order and then enforce it.

If the Protected Person Contacts the Restrained PersonEven if the protected person invites or consents to contact with the restrained person, this Order remains in effect and

must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person.The orders can be changed only by another court order. (Pen. Code, § 13710(b).)

�


—Clerk's Certificate—Clerk's Certificate

I certify that this Civil Harassment Restraining Order After Hearing is a true and

[seal]

correct copy of the original on file in the court.

Date: Clerk, by , Deputy

Case Number:

Conflicting Orders—Priorities of Enforcement



CH-130, Page 6 of 6Civil Harassment Restraining Order After Hearing(CLETS-CHO)


If more than one restraining order has been issued, the orders must be enforced according tothe following priorities: (See Pen. Code, § 136.2; Fam. Code, §§ 6383(h)(2), 6405(b).)

1. EPO: If one of the orders is an Emergency Protective Order (form EPO-001) and is more restrictive than otherrestraining or protective orders, it has precedence in enforcement over all other orders.

2. No-Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order hasprecedence over any other restraining or protective order.

3. Criminal Order: If none of the orders includes a no-contact order, a domestic violence protective order issued in acriminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of

has been issued, the one that was issued last must be enforced.

4. Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective orderthe civil restraining order remain in effect and enforceable.

CH-260 After Hearing by MailProof of Service of Order





Case Number:

You may serve Form CH-130, Civil Harassment Restraining Order After

Hearing, on the restrained person by mail if the restrained person was not at

the hearing and:

� Before the hearing, the restrained person was personally served with Form

CH-110, Temporary Restraining Order, and proof of service of Form

CH-110 was presented to the court at the hearing; and

� The judge’s orders in Form CH-130 are the same as in Form CH-110

except for the expiration date.

1 Protected PersonName:

2 Restrained PersonName:

3

or am employed in the county where the mailing took place. I mailed the restrained person a copy of:

3

a.

of Form CH-130. I live

Form CH-130, Civil Harassment Restraining Order After Hearing

b. Other (specify):

I am 18 years of age or older and not a party to this proceeding or a person listed in itemPROOF OF SERVICE BY MAIL

4

a. Mailed to (name):

b. To this address:City:

On (date):c.

5 Server's Information

Mailed from: City:

Name:

State:

Address:

City: State:(If you are a registered process server):

County of registration: Registration number:

Telephone:

Zip:

Zip:

correct.

I placed copies of the documents checked above in a sealed envelope and mailed them as described below:

State:

I declare under penalty of perjury under the laws of the State of California that the information above is true and

Date:

Type or print server's name Server to sign here

Judicial Council of California, www.courts.ca.govNew January 1, 2012, Optional Form

(Civil Harassment Prevention)Code of Civil Procedure, § 527.6Proof of Service of Order After Hearing by Mail CH-260, Page 1 of 1

�


Civil Division

BLANK FORMS TO BE SERVED

DO NOT COMPLETE

order?

CH-120-INFO

What is a civil harassment restraining

It is a court order that prohibits you from doing certainthings and going to certain places.

What does the order do?The court can order you to:� Not contact the person who asked for the order� Stay away from that person and the person’s home

and workplace� Not have any guns as long as the order is in effect

Who can ask for a civil harassmentrestraining order?

�

A person who is worried about safety because he or shehas been or is being:

Stalked�

� Assaulted, including sexually, orHarassed

� Threatened with violence

I've been served with a request for civilharassment restraining orders. What do Ido now?

Read the papers served on you very carefully. TheNotice of Court Hearing tells you when to appear incourt. There may also be a Temporary RestrainingOrder forbidding you from doing certain things. Youmust obey the order until the hearing.

What if I don't obey the order?

How Can I Respond to a Request forCivil Harassment Restraining Orders?

The police can arrest you. You can go to jail and pay afine.

Should I go to the court hearing?

Do I have to serve the other person with acopy of my response?

Yes. You should go to court on the date listed on FormCH-109, Notice of Court Hearing. If you do not go tothe hearing, the judge can make orders against youwithout hearing from you.

Yes. Have someone age 18 or older—not you—mail acopy of completed Form CH-120 to the person whoasked for the order (or that person’s lawyer). (This iscalled “service by mail.”)

The person who serves the form by mail must fill outForm CH-250, Proof of Service of Response by Mail.Have the person who did the mailing sign the original.Take the completed form back to the court clerk or bringit with you to the hearing.

What if I don't agree with what the ordersays?

Judicial Council of California, www.courts.ca.gov CH-120-INFO, Page 1 of 2Revised July 1, 2014, Optional Form How Can I Respond to a Request for Civil

�Code of Civil Procedure, § 527.6 Harassment Restraining Orders?(Civil Harassment Prevention)

You still must obey the order until the hearing. If youdisagree with the orders the person is asking for, fill outForm CH-120, Response to Request for CivilHarassment Restraining Orders, before your hearingdate and file it with the court. If you need to includeattachments, you can use Form MC-025. You can getthe forms from legal publishers or on the Internet atwww.courts.ca.gov. You also may be able to find themat your local courthouse or county law library.

Page 2 of 2

CH-120-INFOHow Can I Respond to a Request forCivil Harassment Restraining Orders?

How long does the order last?

If the court issued a temporary restraining order beforethe hearing, it will last until your hearing date. At thattime, the court will decide to continue or cancel theorder. Any order issued at the hearing can last for up tofive years.

What if I don't speak English?

When you file your papers, ask the clerk if a courtinterpreter is available. You may have to pay a fee forthe interpreter. If an interpreter is not available for yourcourt date, bring someone to interpret for you. Youshould ask someone age 18 or older to interpret for you.

Do I need a lawyer?

Having a lawyer is always a good idea, but it is notrequired, and you are not entitled to a free court-appointed attorney. Ask the court clerk about free andlow-cost legal services and self-help centers in yourcounty.

What if I have a gun?

If a restraining order is issued, you cannot own, possess,or have a gun, other firearm, or ammunition while theorder is in effect. If you have a gun or other firearm inyour immediate possession or control, you must sell it toor store it with a licensed gun dealer, or turn it in to alaw enforcement agency.Will I see the person who asked for

the order at the court hearing?

Yes. Assume that the person who is asking for the orderwill attend the hearing. Do not talk to him or her unlessthe judge or that person’s attorney says that you can.

Can I agree with the protected personto cancel the order?

No. Once the order is issued, only the judge can changeor cancel it. You or the protected person would have tofile a request with the court to cancel the order.Can I bring a witness to the court hearing?

Yes. You can bring witnesses or documents that supportyour case to the hearing. But if possible, you should alsobring the witnesses’ written statements of what they sawor heard. Their statements must be made under penaltyof perjury. You can use Form MC-030 for this.

What if I am deaf or hard of hearing?

Assistive listening systems, computer-assisted real-time captioning, or signlanguage interpreter services areavailable if you ask at least five courtdays before the hearing. Contact theclerk’s office or go towww.courts.ca.gov/forms for Requestfor Accommodations by Persons withDisabilities and Response (FormMC-410). (Civ. Code, § 54.8.)

Revised July 1, 2014 CH-120-INFO,How Can I Respond to a Request for CivilHarassment Restraining Orders?


For help in your area, contact:

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