Video - Resolving Your Civil Harassment Case in the California Courts provides information about the options for resolving civil harassment disputes. If you feel harassed by someone, or if someone says you are harassing them, watching this video may help. The video is part of a series that provides information about resolving specific types of cases through the normal court process and through alternative dispute resolution (ADR) processes, which are usually less formal, less expensive, and less time consuming than a trial.
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.
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 CH-100 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 or be a family member. Your declaration must 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.
For $5 the forms are available at the Court Clerk’s Office.or you may download free forms by clicking on the following links. You must complete the following forms to request a Civil Harassment Restraining Order.
Complete all necessary Restraining Order forms listed above in items 1 through 6.
Make three copies of your original completed CH-100 Request for Civil Harassment Restraining Orders.
Take to the Court Clerk the all the completed original documents listed above in items 1 through 6 and. Also take to the Court for filing 3 copies of your original completed CH-100 Request for Civil Harassment Restraining Orders.
If you are requesting an emergency temporary restraining order then 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 emergency temporary 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 emergency temporary restraining order. When you pick up up your restraining order copies, you will know the date and time of your hearing and whether the judge granted your requrest for an emergency temporary restraining order.
If you are not requesting an emergency restraining order, then when you give the Court Clerk your originals and copies, the clerk will stamp all your documents and give you a hearing date and time.
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 5 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-200 form.
If you are having the Sheriff's Office deliver the documents to the other party, then you will need to give the Sheriff's Office 2 copies. In addition, the Sheriff will have their own Proof of Service form.
You must file the original completed Proof of Service (CH-200 or Sheriff's form) 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.
This info sheet contains detailed instructions about the forms and steps needed to request a Civil Harassment Restraining Order.