Fillable Form 1: CH-109 Notice of Court Hearing (California)

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Form 1: CH-109 Notice of Court Hearing (California)

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Temporary Restraining Orders for personal conduct and stay-away orders as requested in form CH-100, Request
for Civil Harassment Restraining Orders, are (check only one box below):
Notice of Hearing
A court hearing is scheduled on the request for restraining orders against the person in :
Your Full 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 address
private, you may give a different mailing address instead. You do not
have to give telephone, fax, or e-mail.)
Person Seeking Protection
Your Lawyer (if you have one for this case):
Name: State Bar No.:
Firm Name:
Address:
City: State: Zip:
Telephone: Fax:
E-Mail Address:
Person From Whom Protection Is Sought
Full Name:
Hearing
Date
Date: Time:
Room:Dept.:
g
Name and address of court if different from above:
a.
b.
a
.
(1)
(2)
(3)
Temporary Restraining Orders (Any orders granted are on form CH-110, served with this notice.)
The court will complete the rest of this form.
Fill in court name and street address:
Superior Court of California, County of
Court fills in case number when form is filed.
Case Number:
Clerk stamps date here when form is filed.
All GRANTED until the court hearing.
All DENIED until the court hearing. (Specify reasons for denial in b, below.)
Partly GRANTED and partly DENIED until the court hearing. (Specify reasons for denial in b, below.)
CH-109
Notice of Court Hearing
Judicial Council of California, www.courts.ca.gov
Rev. September 1, 2020, Mandatory Form
Code of Civil Procedure, § 527.6
Approved by DOJ
Notice of Court Hearing
(Civil Harassment Prevention)
CH-109, Page 1 of 3
2
1
2
3
4
At least before the hearing, someone age 18 or older—not you or anyone to be
protected—must personally give (serve) a court’s file-stamped copy of this form CH-109 to the person in
along with a copy of all the forms indicated below:
Service of Documents for the Person in
CH-100, Request for Civil Harassment Restraining Orders (file-stamped)a.
CH-120, Response to Request for Civil Harassment Restraining Orders (blank form)c.
e.
CH-120-INFO, How Can I Respond to a Request for Civil Harassment Restraining Orders?
(specify):g.
d.
2
b.
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:
b
.
(1)
(2)
1
CH-250, Proof of Service of Response by Mail (blank form)
Date:
Judicial Officer
As set forth on Attachment 4b.
The facts as stated in form CH-100 do not sufficiently show acts of violence, threats of violence, or a
course of conduct that seriously alarmed, annoyed, or harassed the person in and caused substantial
emotional distress.
Other (specify):
five
days
CH-110, Temporary Restraining Order (file-stamped) IF GRANTED
u
Rev. September 1, 2020
Notice of Court Hearing
(Civil Harassment Prevention)
CH-109, Page 2 of 3
g
1
Case Number:
f.
CH-170, Notice of Order Protecting Information of Minor and CH-165, Order on Request to Keep Minor’s
Information Confidential (file-stamped) IF GRANTED
Confidential Information Regarding Minor
a.
A Request to Keep Minor’s Information Confidential (form CH-160) was made and GRANTED. (See form
CH-165, Order on Request to Keep Minor's Information Confidential, served with this form.)
If the request was granted, the information described in item on the order (form CH-165) must be
kept CONFIDENTIAL. The disclosure or misuse of the information is punishable as a sanction, with a
fine of up to $1,000 or other court penalities.
b.
7
5
6
Other
—Clerk's Certificate—
I certify that this Notice of Court Hearing is a true and correct copy of the original on file in the court.
(Clerk will fill out this part.)
Date:
Request for Accommodations
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.)
If you want to respond to the request for orders in writing, file form CH-120, Response to Request for Civil
Harassment Restraining Orders, and have someone age 18 or older—not you or anyone to be protected—mail it to
the person in .
•
•
•
Whether or not you respond in writing, go to the hearing if you want the judge to hear from you before making an
order. 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 to
turn in to law enforcement, or sell to or store with a licensed gun dealer, any firearms that you own or possess.
The person who mailed the form must fill out a proof of service form. Form CH-250, Proof of Service of Response by
Mail, may be used. File the completed form with the court before the hearing and bring a copy with you to the court
hearing.
1
•
Clerk’s Certificate
[seal]
•
Rev. September 1, 2020
Notice of Court Hearing
(Civil Harassment Prevention)
CH-109, Page 3 of 3
To the Person in :
2
Case Number:
2
•
If you are unable to serve the person in in time, you may ask for more time to serve the documents.
Use form CH-115, Request to Continue Court Hearing and to Reissue Temporary Restraining Order.
•
For information about service, read form CH-200-INFO, What Is “Proof of Personal Service”?
The court cannot make the restraining orders after the court hearing unless the person in has been personally given
(served) a copy of your request and any temporary orders. To show that the person in has been served, the person
who served the forms must fill out a proof of service form. Form CH-200, Proof of Personal Service, may be used.
•
2
To the Person in :
1
2
, Deputy
Clerk, by
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Form 1: CH-109 Notice of Court Hearing (California)

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Completed 5 October 2020

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