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:
Is harassing you
Is stalking you
Has committed acts of violence against you, or
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
Order a person to pay child support to you
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.
Do I have to go to court?
Yes. Go to court on the date the clerk gives you.
Do I need a lawyer?
Rev. July 1, 2014
Can a Civil Harassment Restraining Order Help Me?
(Civil Harassment Prevention)
CH-100-INFO, Page 2 of 3
Having a lawyer is always a good idea, but it is not
required and you are not entitled to a free court-
appointed attorney. Ask the court clerk about free and
low-cost legal services and self-help centers in your
county
.
What if the restrained person does not
obey the order?
Call the police. The restrained person can be arrested
and charged with a crime.
How soon can I get the order?
If you ask for a temporary restraining order, the court
will decide within 24 hours whether or not to make the
order. Sometimes the court decides sooner. Ask whether
you should wait or come back later to get the signed
Notice of Court Hearing and Temporary Restraining
Order.
How long does the order last?
If the court makes a temporary order, it will last until
your hearing date. At that time, the court will decide to
continue or cancel the order. The order could last for up
to five years.
How will the person to be restrained know
about the order?
Someone age 18 or older—not you or anyone else to be
protected by the order—must “serve” (give) the person
to be restrained a copy of the order. The server must then
fill out Form CH-200, Proof of Personal Service, and
give it to you to file with the court. For help with
service, ask the court clerk for Form CH-200-INFO,
What Is “Proof of Personal Service?”.
The court may or may not let witnesses speak at the
hearing. So, if possible, you should bring their written
statements under oath to the hearing. (You can use
Form MC-030, Declaration, for this.).
Do I need to bring a witness to the court
hearing?
Witnesses are not required, but it helps to have more
proof of the harassment than just your word. You can
bring:
Witnesses
Written statements from witnesses made under oath
Photos
Medical or police reports
Damaged property
Threatening letters, e-mails, or telephone messages
Will I see the restrained person at the court
hearing?
If the person comes to the hearing, yes. But that person
does 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 the
hearing. But that person cannot speak for you in court.
Only you or your lawyer (if you have one) can speak for
you.
CH-100-INFO
Can a Civil Harassment Restraining Order Help Me?
What if I am deaf or hard of hearing?
For help in your area, contact:
[Local information may be inserted.]
Assistive listening systems,
computer-assisted real-time
captioning, or sign language
interpreter services 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 for
Request for Accommodations by
Persons with Disabilities and
Response (Form MC-410).
(Civ.Code, § 54.8.)
Can I agree with the restrained person to
cancel the order?
No. Once the order is issued, only the judge can change
or cancel it. You or the restrained person would have to
file a request with the court to cancel the order.
What if I don't speak English?
When you file your papers, ask the clerk if a court
interpreter is available. You may have to pay a fee for
the interpreter. If an interpreter is not available for your
court date, you should ask someone who is not listed as a
person to be protected on your Request and who is over
age 18 to interpret for you .
CH-100-INFO
Can a Civil Harassment Restraining Order Help Me?
Rev. July 1, 2014
Can a Civil Harassment Restraining Order Help Me?
(Civil Harassment Prevention)
CH-100-INFO, Page 3 of 3
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