Fillable Form 1: CH-110 Temporary Restraining Order

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Form 1: CH-110 Temporary Restraining Order

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CH-110
This is a Court Order.
Temporary Restraining Order
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Case Number:
CH-110,
Page 1 of 5
Temporary Restraining Order (CLETS-TCH)
(Civil Harassment Prevention)
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2012, Mandatory Form
Code of Civil Procedure, §§ 527.6 and 527.9
Approved by DOJ
Description:
Court fills in case number when form is filed.
2
1
Protected Person
Restrained Person
Full Name:
Additional Protected Persons
Person in must complete items , , and only.
1
21
3
In addition to the person named in , the following family or household members of that person are protected by
the temporary orders indicated below:
1
Check here if there are additional protected 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.
MFSex: Height:
Weight:
Race:
Hair Color:
Date of Birth:
Eye Color:
Age:
Home Address (if known):
State:
City:
Zip:
3
4
Date: Time:
Expiration Date
a.m. p.m.
This Order expires at the end of the hearing scheduled for the date and time below:
The court will complete the rest of this form.
Relation to Protected Person
AgeSex
Full Name
Yes No
Yes No
Household Member?
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.):
Your Lawyer (if you have one for this case):
Name: State Bar No.:
Firm Name:
Yes No
a.
b.
Relationship to Protected Person:
Zip:
State:
City:
Telephone:
Fax:
E-Mail Address:
Address:
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
This is a Court Order.
Case Number:
Personal Conduct Orders
You must not do the following things to the person named in
and to the other protected persons listed in :
CH-110, Page 2 of 5
Revised January 1, 2012
The court has granted the temporary orders checked as granted below. If you do not obey these orders,
you can be arrested 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
Temporary Restraining Order (CLETS-TCH)
(Civil Harassment Prevention)
3
1
7
No Guns or Other Firearms and Ammunition
a.
To the Person in : 2
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.
(3)
Other (specify):
(4)
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)
(2)
Contact the person, either directly or indirectly, in any way, including, but not limited to, in person,
by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by
fax, or by other electronic means.
Take any action to obtain the person’s address or location. If this item is not checked, the court has
found good cause not to make this order.
Peaceful written contact through a lawyer or a process server or other person for service of legal papers related
to a court case is allowed and does not violate this order. However, you may have your papers served by mail
on the person in .
Stay-Away Order
6
a.
This stay-away order does not prevent you from going to or from your home or place of employment.
b.
a.
b.
yards away from (check all that apply):You must stay at least
The vehicle of the person in
The job or workplace of the person
in
Other (specify):
The school of the children of the
person in
The home of the person in
1
1
1
1
3
Other personal conduct orders are attached at the end of this Order on Attachment 5a(4).
The place of child care of the children of
the person in
1
Granted as Follows:Not Requested Denied Until the Hearing
Granted as Follows:Not Requested Denied Until the Hearing
The person in
1
Each person in
You must:
Sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms in your
immediate possession or control. This must be done within 24 hours of being served with this Order.
b.
(1)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
1
3
This is a Court Order.
Case Number:
CH-110, Page 3 of 5
Revised January 1, 2012
No Fee to Serve (Notify) Restrained Person
The sheriff or marshal will serve this Order without charge because:
10
The Order is based on unlawful violence, a credible threat of violence, or stalking.
a.
b.
The person in is entitled to a fee waiver.
Date:
Judicial Officer
Temporary Restraining Order (CLETS-TCH)
(Civil Harassment Prevention)
Ordered Not Ordered
1
8
Additional orders are attached at the end of this Order on Attachment 8.
Other Orders
Mandatory Entry of Order Into CARPOS Through CLETS
By the close of business on the date that this Order is made, the person in 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
enter into CARPOS:
Name of Law Enforcement Agency
Address (City, State, Zip)
9
b.
a.
c.
The clerk will enter this Order and its proof-of-service form into CARPOS.
The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered
into CARPOS.
This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the
California Law Enforcement Telecommunications System (CLETS). (Check one):
Additional law enforcement agencies are listed at the end of this Order on Attachment 9.
Number of pages attached to this Order, if any:
11
1
File a receipt with the court within 48 hours of receiving this Order that proves that your guns or
firearms have been turned in or sold. (You may use Form CH-800, Proof of Firearms Turned In or Sold,
for the receipt.)
c.
The court has received information that you own or possess a firearm.
(2)
Granted as Follows (specify):Not Requested Denied Until the Hearing
To the Person in :
1
This is a Court Order.
Case Number:
CH-110, Page 4 of 5
Revised January 1, 2012
Temporary Restraining Order (CLETS-TCH)
(Civil Harassment Prevention)
In addition to the response, you may file and have declarations served, signed by you and other persons who have
personal knowledge of the facts. You may use Form MC-030, Declaration, for this purpose. It is available from the
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 to
prepare a declaration, you should see a lawyer.
•
You must have Form CH-120 served by mail on the person in or that person’s attorney. You cannot do this
yourself. The person who does the mailing should complete and sign Form CH-250, Proof of Service of Response by
Mail. File the completed proof of service with the court clerk before the hearing date or bring it with you to the
hearing.
•
1
After You Have Been Served With a Restraining Order
Obey all the orders.
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 .
•
Read Form CH-120-INFO, How Can I Respond to a Request for Civil Harassment Restraining Orders?, to learn
how to respond to this Order.
•
1
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 Temporary Restraining Order except for the expiration date is issued at the hearing, a copy of the order will be
served on you by mail at the address in item .
Notice Regarding Nonappearance at Hearing and Service of Order
If this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining
order at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the court.
Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the
hearing.
•
2
•
At the hearing, the judge can make restraining orders against you that last for up to three years. Tell the judge why
you disagree with the orders requested.
•
Instructions for Law Enforcement
Enforcing the Restraining Order
Warnings and Notices to the Restrained Person in
You Cannot Have Guns or Firearms
2
7
You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get 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 must sell to a licensed
gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control as stated in item
above. The court will require you to prove that you did so.
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 Orders System (CARPOS). If the law
enforcement agency 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.
Case Number:
This is a Court Order.
CH-110, Page 5 of 5
Revised January 1, 2012
Temporary Restraining Order (CLETS-TCH)
(Civil Harassment Prevention)
Arrest Required if Order Is Violated
If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the
order, the officer 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.
Notice/Proof of Service
The law enforcement agency must first determine if the restrained person had notice of the order. Consider the
restrained 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.
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, the agency must advise the restrained person of the terms of the order and
then enforce it.
If the Protected Person Contacts the Restrained Person
Even 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 order can be changed only by another court order. (Pen. Code, § 13710(b).)
Conflicting Orders
A protective order issued in a criminal case on Form CR-161 takes precedence in enforcement over any conflicting
civil court order. (Pen. Code, § 136.2(e)(2).) Any nonconflicting terms of the civil restraining order remain in full
force. An Emergency Protective Order (Form EPO-001) that is in effect between the same parties and is more
restrictive than other restraining orders takes precedence over all other restraining orders. (Pen. Code, § 136.2.)
—Clerk's Certificate—
I certify that this Temporary Restraining Order is a true and correct copy of the
original on file in the court.
Clerk’s Certificate
[seal]
Clerk, by
, Deputy
(Clerk will fill out this part.)
Date:
Start Date and End Date of Orders
This order starts on the date next to the judge’s signature on page 3. The order ends on the expiration date in item
on page 1.
4
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Form 1: CH-110 Temporary Restraining Order

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Completed 3 January 2021

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