You may need to ask for a new court date if:
What does form CH-115 do?
Use Request to Continue Hearing (form CH-115) to ask the court to reschedule your court date. If your court
date is rescheduled and a Temporary Restraining Order (TRO; form CH-110) was granted, the TRO will be
extended until the end of your new court date unless the court decides to modify or terminate it. “Extend”
means to keep any temporary orders in effect until the new court 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 clerk for 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 reschedule your court date.
• If the judge signed form CH-116, you will have a new court date. If the judge did NOT sign the form, you
should go to court at the date, time, and location 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 your court 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 Proof of Personal Service (form CH-200
). If service was by mail, use Proof of Service—Civil
(form POS-040). Make two copies of the completed forms.
• If the court reschedules your court date and extends the TRO to the new court date, 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 it can be enforced.
Need help?
Ask the court clerk about free or low-cost legal help that may be available in your county.
How to Ask for a New Hearing Date
(Civil Harassment Prevention)
CH-115-INFO, Page 1 of 1
How to Ask for a New Hearing Date
CH-115-INFO
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Go to your court date
You are the person asking for protection and are unable to have Notice of Court Hearing (form CH-109),
and other papers served in time before the court date.
You are the person to be restrained and making your first request to reschedule your court date.
You have a good reason for needing a new court date. (The court may grant your request to reschedule your
court date on a showing of good cause.)
•
•
•
File the completed and signed proof of service form with the clerk’s office before your court date.•
If you are the person seeking protection and you do not go to the court date, your TRO will expire at the
end of your court date.
•
•
Take at least two copies of your documents and filed forms to your court date. Include a filed proof of
service form. “Documents” may include exhibits, declarations, and financial statements, and the court may
enter them into evidence at its discretion.
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2020, Optional Form
Code of Civil Procedure, § 527.6(p)
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If you are the person to be restrained and you do not go to your court date, the court can still make orders
against you that can last for up to five years.
•
on Order on Request to Continue Hearing (form CH-116
).and
on form CH-116
.
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
