What Is the Ch 109 Form?

The Ch 109, officially the Notice of Court Hearing on Request for Civil Harassment Restraining Orders, is a legal form issued by California courts when a proceeding has been set for a civil harassment restraining order request. Knowing how to fill out and submit this form is an essential part of the civil harassment process.

What is California civil harassment? California Code of Civil Procedure sections 527.6 and 527.9 allow individuals to seek court protection from stalking, threatening conduct, or violence from someone who is not a domestic partner or close family member. The court system provides legal forms to help individuals seeking protection fill out and submit the necessary documents. Civil harassment restraining order forms are separate from domestic violence forms and cover neighbors, coworkers, acquaintances, and strangers.

How this form fits into the civil harassment process. After the petitioner submits a Request for Civil Harassment Restraining Orders form, the court reviews the legal document. When a judge sets a date, the court clerk issues this form to inform the respondent of the date, time, and location of the proceeding. The respondent must receive copies of all required civil harassment forms, including this document, prior to the proceeding. Service of process is a necessary step before the proceeding can move forward, and legal services are available through authorized California courts and court self-help centers to assist individuals who need help completing these legal forms.

What this document contains. This legal form lists the court name and address, the court case number, the petitioner and respondent names, the scheduled date and time of the proceeding, and whether a court-issued temporary restraining order is in effect. It also explains what the respondent must do before appearing in court, including how to file a written response and the deadline for submitting required documents.

Related civil harassment forms. This form is one of several legal documents used in civil harassment restraining order proceedings in California. Individuals seeking protection typically need to fill out multiple forms throughout the process:

What happens at the proceeding. At the court proceeding set in this form, both the petitioner and respondent may present evidence, witness testimony, and personal statements. A judge reviews whether the conduct meets the legal definition of civil harassment under California law and whether a permanent restraining order is necessary. If sufficient evidence is found, a permanent court order may be issued for up to five years. If the respondent does not appear after receiving this document, a default order may be issued. Legal services and court self-help resources are available through California superior courts for individuals needing guidance on civil harassment forms and court procedures.

How to file a written response. After receiving the Ch 109, the respondent has the legal right to file a written response to the civil harassment petition before the scheduled hearing date. Filing a response allows the respondent to address the petitioner’s claims, submit personal declarations, and contest the request for a restraining order. The deadline for filing a response is specified in this notice. Court self-help centers at California superior courts can assist respondents who need guidance preparing a written response to a civil harassment petition.

What to bring to the hearing. Both petitioners and respondents should arrive at the hearing fully prepared. Bring all copies of civil harassment forms filed with the court, any written declarations or supporting evidence such as text messages, photographs, or police reports, and contact information for any witnesses you plan to call. Confirm the date, time, and department shown in the Ch 109 before leaving, since California counties have multiple courthouse locations. Missing or arriving late to a scheduled civil harassment hearing can result in a default order or the dismissal of your case.

QuestionAnswer
Form NameNotice of Court Hearing (Civil Harassment)
Form NumberCH-109
JurisdictionCalifornia
Form Length3 pages
Fillable?No
Fillable fields0
PurposeNotifies respondent of hearing date in civil harassment case
Issued byCalifornia court clerk
Avg. time to fill out45 sec
Other namesch 109 form, notice of court hearing, california ch 109, ch109, ca court hearing