CH-100-INFO
Can a Civil Harassment Restraining Order Help Me?
What is a civil harassment restraining
order?
It is a court order that helps protect people from
harassment.
Can I get a civil harassment restraining
order?
You can ask for one if you are worried about your
safety because someone:
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Is harassing you
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Is stalking you
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Has committed acts of violence against you, or
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Has threatened you with violence
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
What forms do I need to get the order?
You must fill out all of Form CH-100, Request for Civil
Harassment Restraining Orders, and Form CLETS-001,
Confidential CLETS Information. If you need
attachments, you may use Form MC-025. You must also
fill out items 1 and 2 on Form CH-109, Notice of Court
Hearing, and items 1, 2, and 3 on Form CH-110,
Temporary Restraining Order (CLETS).
Where can I get these forms?
Judicial Council of California
www.courts.ca.gov
Revised July 1, 2014, Optional Form
Code of Civil Procedure, § 527.6
Can a Civil Harassment Restraining Order Help Me?
(Civil Harassment Prevention)
CH-100-INFO, Page 1 of 3
You can also ask for protection for people who live with
you and family members.
What do I need to do to get the order?
You must go to the superior court in the county where
the harassment took place or the person to be restrained
lives. At the court, ask where you should file your
request for a civil harassment restraining order. (A self-
help center or legal aid association may be able to assist
you 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 of
Court Hearing form, and if your request for immediate
orders is granted, a copy of the Temporary Restraining
Order signed by a judicial officer.
In a civil harassment case, the court cannot:
•
Order a person to move out of your residence
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Order a person to pay child support to you
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Make orders for custody and visitation
If you need these orders, you should proceed under the
Domestic Violence Protection Act. File Form DV-100.
The court also cannot:
If you need these remedies, you must file a civil action.
These instructions cannot cover all of the questions that may arise in a particular case. If you
do not know what to do to protect your rights, you should see a lawyer.
•
Order a person to pay money that he or she owes
you
•
Order someone to move out of rental property
that you own
•
Order someone to stop creating a nuisance that
doesn't involve harassment
You can get the forms from legal publishers or on the
Internet at www.courts.ca.gov. You also may be able to
find them at your local courthouse or county law library.
How much does it cost?
That depends on the type of harassment. If the restrained
person has used or threatened to use violence against
you or has stalked you, you do not have to pay a filing
fee; otherwise, you must pay the fee.
If you cannot afford to pay the filing fee, ask the clerk
how to apply for a fee waiver. Form FW-001 is available
for this purpose.
If the order is based on prior acts of violence, a credible
threat of violence, or stalking, you are entitled to free
service of the order by a sheriff or marshal. Also, if you
are eligible for a fee waiver, you can ask the sheriff or
marshal to serve the order for free. If you are not eligible
for free service, you may pay the sheriff or marshal to
serve the order.
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