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Pay close attention while filling out this document. Ensure that all required form fields are completed accurately before submitting.
1. In the first section, fill in the court and case information. Enter the name of the California superior court, the court address and case number, and the full legal names of the petitioner and respondent. Accurate personal information is necessary for valid service of process.
2. Next, fill in the schedule fields: the date, time, department, and the court’s address. These fields are required on civil restraining order forms and notify the respondent of the scheduled proceeding.
3. Fill in the temporary restraining order section. Indicate whether the court has issued a temporary restraining order prior to the proceeding and list any specific protection orders in effect until the proceeding date.
4. Complete the respondent instructions section of the document. This section explains the respondent’s rights, the deadline to file a written response, how to contact the court, and what documents to bring to the proceeding.
Regarding the scheduled date and respondent instructions fields, make sure you review these carefully. Both of these are the most important sections of this legal form.
5. Since you are near the end of the form, fill in any remaining required fields. In particular, the signature of the court clerk must be completed to finalize the document.
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Frequently Asked Questions
What is the Ch 109 used for?
The Ch 109 is the official Notice of Court Hearing used in California civil harassment restraining order cases. Courts issue this form after a petitioner files a request for a civil harassment restraining order, informing the respondent of the scheduled date, time, and location.
Who must receive the Ch 109 Notice of Court Hearing?
The respondent named in the civil harassment petition must receive this document along with all other civil harassment forms before the proceeding. This service of process is required by California law to give the respondent notice of the proceeding and an opportunity to appear and respond.
What is the difference between the Ch 100 and Ch 109 forms?
The CH-100 is the petition form the victim (petitioner) fills out to request a civil harassment restraining order. The Ch 109 is the court’s response document, setting the scheduled date and notifying both parties. Individuals seeking protection typically need to fill out the CH-100 first, and then receive the Ch 109 from the court. The court then schedules the proceeding based on the petition.
What happens if the respondent does not appear?
If the respondent fails to attend after receiving this notice, a judge may issue the civil harassment restraining order by default. The petitioner presents evidence of the threatening behavior or misconduct, and the court rules on the restraining order request based on the documents and testimony available.
Can the respondent file a written response before the proceeding?
Yes. The respondent can file a written response to the civil harassment petition prior to the proceeding. Filing a response allows the respondent to submit personal statements and contest the restraining order request. This document includes instructions on how and when to file a response with the court, as well as information on any legal services available for respondents seeking assistance.
What is the CH-115 form and when do I need it?
The CH-115 (Proof of Personal Service of Civil Harassment Forms) certifies that the respondent was officially served with civil harassment forms, including the Ch 109. California courts require a completed CH-115 on file before a civil harassment hearing can proceed. The person who served the documents completes and signs the CH-115 and files it with the court clerk.
What are common mistakes when filling out the Ch 109?
Common errors include leaving the case number blank, entering an incorrect court address, using informal names instead of full legal names, and missing the deadline to file a written response. Always confirm the hearing date, time, and department listed in this notice. California counties may have multiple courthouses, so verifying the correct location before the scheduled date avoids missing your civil harassment proceeding.
Can the Ch 109 hearing date be rescheduled?
Yes. Either party may request a continuance (postponement) of the civil harassment hearing by filing a motion with the court before the scheduled date. If a temporary restraining order is in effect at the time of the request, it typically remains active until the rescheduled hearing. Contact the court clerk or a California superior court self-help center for guidance on requesting a continuance in your case.
Related California Civil Harassment Forms
The ch 109 form is part of a series of legal documents used in California’s civil harassment restraining order process. Understanding which forms are needed and when helps ensure the case moves forward without delays:
- CH-100 – Request for Civil Harassment Restraining Orders, the initial petition filed by the person seeking protection
- CH-110 – Temporary Restraining Order that a judge may issue before the scheduled hearing date
- CH-115 – Proof of Personal Service, confirming that the respondent was properly served with all required court documents
- Civil Harassment Packet – The complete set of California civil harassment forms for the full restraining order process