It is a court order that helps protect people from harassment by roommates, neighbors, co-workers or other people not close to you.
If you are being abused by your spouse or registered domestic partner, ex-spouse, boyfriend or ex-boyfriend, girlfriend or ex-girlfriend, parent, child, brother, sister, grandmother, grandfather, mother-in-law, son-in-law then you may request a Domestic Violence Restraining Order, not a Civil Harassment Restraining Order.
You may obtain a civil harassment restraining order if you are worried about your safety because someone has stalked you, harassed you, sexually assaulted you or threatened you with violence.
Free forms are available at the Court Clerk’s Office or you may download free Civil Harassment forms and information from the California Judicial Branch website.
You must present all originals plus 2 copies of your completed forms when you file with the Court Clerk’s Office.
Your written declaration must state sufficient, detailed facts that show reasonable proof of a past act or acts of abuse. Your written declaration should contain dates, a detailed description of the recent abuse and a detailed description of any injuries.
If someone you know also witnessed any incident, that person may submit a declaration describing the incident. If you have police reports, photographs, declarations by others or other supporting documents, attach a copy to your Request for Orders, labeled as Exhibits and number each exhibit in your declaration.
If you are requesting protection for another person, he or she must live in your household. Your declaration must state that the protected person lives with you, and you will need to state the facts showing why that person also needs protection.
The Court will grant or deny your request for temporary orders solely on the basis of your declaration. Your declaration must contain detailed facts based on your own knowledge.
Links to the forms needed to request a Civil Harassment Restraining Order.
Complete all necessary Restraining Order forms.
Make two copies of the originals. The originals are for the Court, one copy is for you and the other copy is for the other party.
Take the completed original documents and 2 copies to the Court for filing.
When you give the Court Clerk your originals and copies, the clerk will deliver the documents to the judge so that a decision can be made about your restraining order request.
Make arrangements with the Court Clerk about when and where you should pick up your copies of the restraining order documents.
Generally, within 24 hours from when you file, the court will make a decision about your Temporary Restraining Order.
When you pick up your restraining order copies you will know the date of your next hearing and whether the judge granted your request for a temporary restraining order.
Someone who is 18 years or older must personally deliver to the other party a copy of your restraining order documents including the following:
The other party must receive these documents at least 2 days before your scheduled hearing date, unless otherwise ordered by the court.
The person who personally delivered the documents to the other party must complete and sign the Proof of Service CH-130 form.
You must file the original completed Proof of Service (CH-130) with the Court Clerk’s Office as soon as possible so you can show that the other party was served.
Go to court on the day of your hearing.
If you do not attend your hearing, then any temporary orders will expire on the date of the court hearing and you will have to start all over again to ask for orders if you need them in the future.
Download the information on this page as a printable reference.
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