Civil Harassment Packet Form PDF Details

For individuals seeking legal protection from harassment in California, the Superior Court of California County of San Diego provides a comprehensive Civil Harassment Petitioner Packet. This packet, designed to guide petitioners through the process of obtaining a Civil Harassment Restraining Order, includes essential forms and instructions. The forms encompass a variety of necessary documents, such as the Judicial Council Form #CH-100 for requesting restraining orders and the Confidential CLETS Information Form #CLETS-001, to ensure thorough and confidential handling of sensitive information. Also included are attachments for including additional respondents and protected persons, highlighting the packet's dedication to catering to diverse scenarios that petitioners may encounter. The packet clarifies eligibility for obtaining a restraining order, the process of filing, and details regarding the court hearing. Importantly, it addresses the potential costs involved and provides guidance for those unable to afford filing fees, reflecting an understanding of the financial barriers some petitioners may face. This introductory guide furnishes petitioners with the knowledge needed to navigate the complexities of seeking legal protection, emphasizing the court's role in preventing harassment through clearly defined legal channels.

QuestionAnswer
Form NameCivil Harassment Packet Form
Form Length30 pages
Fillable?No
Fillable fields0
Avg. time to fill out7 min 30 sec
Other names MEMORANDUM FOR SETTING FOR HEARING (UNCONTESTED MATTER ...

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SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN DIEGO

CIVIL HARASSMENT

PETITIONER PACKET

FORMS INCLUDED IN THIS PACKET

Can a Civil Harassment Restraining Order Help Me?

Judicial Council Form #CH-100-INFO

 

 

Request for Civil Harassment Restraining Orders

Judicial Council Form #CH-100

 

 

Attachment – Additional Respondents

SDSC Form #CIV-330

 

 

Attachment – Additional Protected Persons

SDSC Form #CIV-330A

 

 

Declaration

Judicial Council Form #MC-030

 

 

Temporary Restraining Order

Judicial Council Form #CH-110

 

 

Attachment – Additional Respondents

SDSC Form #CIV-330

 

 

Attachment – Additional Protected Persons

SDSC Form #CIV-330A

 

 

Notice of Court Hearing

Judicial Council Form #CH-109

 

 

Attachment – Additional Respondents

SDSC Form #CIV-330

 

 

Confidential CLETS Information

Judicial Council Form #CLETS-001

 

 

Attachment – Additional Protected Persons

SDSC Form #CIV-330A

 

 

Request for Free Service of the Order and Injunctions

SDSC Form #CIV-046

 

 

Civil Case Cover Sheet

Judicial Council Form #CM-010

 

 

PKT-002 A (Rev. 9/21)

CH-100-INFO Can a Civil Harassment Restraining Order Help Me?

These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer.

What is a civil harassment restraining

How much does it cost?

order?

That depends on the type of harassment. If the restrained

It is a court order that helps protect people from

person has used or threatened to use violence against

harassment.

you or has stalked you, you do not have to pay a filing

 

fee; otherwise, you must pay the fee.

Can I get a civil harassment restraining order?

You can ask for one if you are worried about your safety because someone:

Is harassing you

Is stalking you

Has committed acts of violence against you, or

Has threatened you with violence

How will the order help me?

The court can order a person to:

Not harass or threaten you

Not contact or go near you, and

Not have a gun

You can also ask for protection for people who live with you and family members.

In a civil harassment case, the court cannot:

Order a person to move out of your residence

Order a person to pay child support to you

Make orders for custody and visitation

If you cannot afford to pay the filing fee, ask the clerk how to apply for a fee waiver. Form FW-001 is available for this purpose.

If the order is based on prior acts of violence, a credible threat of violence, or stalking, you are entitled to free service of the order by a sheriff or marshal. Also, if you are eligible for a fee waiver, you can ask the sheriff or marshal to serve the order for free. If you are not eligible for free service, you may pay the sheriff or marshal to serve the order.

What forms do I need to get the order?

You must fill out all of Form CH-100, Request for Civil Harassment Restraining Orders, and Form CLETS-001, Confidential CLETS Information. If you need attachments, you may use Form MC-025. You must also fill out items 1 and 2 on Form CH-109, Notice of Court Hearing, and items 1, 2, and 3 on Form CH-110, Temporary Restraining Order (CLETS).

Where can I get these forms?

You can get the forms from legal publishers or on the Internet at www.courts.ca.gov. You also may be able to find them at your local courthouse or county law library.

If you need these orders, you should proceed under the Domestic Violence Protection Act. File Form DV-100.

The court also cannot:

Order a person to pay money that he or she owes you

Order someone to move out of rental property that you own

Order someone to stop creating a nuisance that doesn't involve harassment

If you need these remedies, you must file a civil action.

What do I need to do to get the order?

You must go to the superior court in the county where the harassment took place or the person to be restrained lives. At the court, ask where you should file your request for a civil harassment restraining order. (A self- help center or legal aid association may be able to assist you in filing your request.)

At the court, give your forms to the clerk of the court. The clerk will give you a hearing date on the Notice of Court Hearing form, and if your request for immediate orders is granted, a copy of the Temporary Restraining Order signed by a judicial officer.

Judicial Council of California www.courts.ca.gov

Revised July 1, 2014, Optional Form Code of Civil Procedure, § 527.6

Can a Civil Harassment Restraining Order Help Me?

CH-100-INFO, Page 1 of 3

(Civil Harassment Prevention)

CH-100-INFO Can a Civil Harassment Restraining Order Help Me?

How soon can I get the order?

If you ask for a temporary restraining order, the court will decide within 24 hours whether or not to make the order. Sometimes the court decides sooner. Ask whether you should wait or come back later to get the signed Notice of Court Hearing and Temporary Restraining Order.

How long does the order last?

If the court makes a temporary order, it will last until your hearing date. At that time, the court will decide to continue or cancel the order. The order could last for up to five years.

How will the person to be restrained know about the order?

Someone age 18 or older—not you or anyone else to be protected by the order—must “serve” (give) the person to be restrained a copy of the order. The server must then fill out Form CH-200, Proof of Personal Service, and give it to you to file with the court. For help with service, ask the court clerk for Form CH-200-INFO, What Is “Proof of Personal Service?”.

What if the restrained person does not obey the order?

Call the police. The restrained person can be arrested and charged with a crime.

Do I have to go to court?

Yes. Go to court on the date the clerk gives you.

Do I need to bring a witness to the court hearing?

Witnesses are not required, but it helps to have more proof of the harassment than just your word. You can bring:

Witnesses

Written statements from witnesses made under oath

Photos

Medical or police reports

Damaged property

Threatening letters, e-mails, or telephone messages The court may or may not let witnesses speak at the hearing. So, if possible, you should bring their written statements under oath to the hearing. (You can use Form MC-030, Declaration, for this.).

Do I need a lawyer?

Having a lawyer is always a good idea, but it is not required and you are not entitled to a free court- appointed attorney. Ask the court clerk about free and low-cost legal services and self-help centers in your county.

Will I see the restrained person at the court hearing?

If the person comes to the hearing, yes. But that person does not have the right to speak to you. If you are afraid, tell the court officer.

Can I bring someone with me to court?

Yes. You can bring someone to sit with you during the hearing. But that person cannot speak for you in court. Only you or your lawyer (if you have one) can speak for you.

Rev. July 1, 2014

Can a Civil Harassment Restraining Order Help Me?

CH-100-INFO, Page 2 of 3

 

 

(Civil Harassment Prevention)

CH-100-INFO Can a Civil Harassment Restraining Order Help Me?

What if I am deaf or hard of hearing?

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk’s office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Response (Form MC-410). (Civ.Code, § 54.8.)

For help in your area, contact:

[Local information may be inserted.]

What if I don't speak English?

When you file your papers, ask the clerk if a court interpreter is available. You may have to pay a fee for the interpreter. If an interpreter is not available for your court date, you should ask someone who is not listed as a person to be protected on your Request and who is over age 18 to interpret for you .

Can I agree with the restrained person to cancel the order?

No. Once the order is issued, only the judge can change or cancel it. You or the restrained person would have to file a request with the court to cancel the order.

Rev. July 1, 2014

Can a Civil Harassment Restraining Order Help Me?

CH-100-INFO, Page 3 of 3

 

 

(Civil Harassment Prevention)

CH-100

Request for Civil Harassment

Restraining Orders

 

Read Can a Civil Harassment Restraining Order Help Me? (form CH-100- INFO) before completing this form. Also fill out Confidential CLETS Information (form CLETS-001) with as much information as you know.

G) Person Seeking Protection

a. Your FullName:

 

Age:

 

 

 

Your Lawyer (ifyou have one for this case)

 

Name:

 

_

StateBarNo.:

 

___________

 

FirmName:

b.Your Address (If you have a lawyer, give your lawyer's information. Ifyou do not have a lawyer and want to keep your home address private, you may give a different mailing address instead. You do not have to give telephone, fax, or e-mail.)

Address:

 

 

City:

State:

Zip:

Telephone:

Fax:

 

E-Mail Address:

 

 

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of San Diego

CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101

EAST COUNTY DIVISION,

250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION,

325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION,

500 3RD AVE., CHULA VISTA, CA 91910

Court fills in case number when form is filed.

I Case Number:

Person From Whom Protection Is Sought

 

 

® FullName:

 

 

Age:

Address (ifknown):

 

 

 

City:

 

State:

Zip:

G) Additional Protected Persons

 

 

D Yes D No Ifyes, list them:

a. Are you asking for protection for any other family or household members?

FullName

Sex

Age Lives with you? How are they related to you?

 

 

 

--- D Yes D No

 

 

 

--- Yes

D No

 

 

 

--- Yes

D No

 

 

 

--- Yes

D No

Check here ifthere are more persons. Attach a sheet of paper and write "Attachment 3a-Additional Protected

Persons" for a title. You may use form MC-025, Attachment.

b. Why do these people need protection? (Explain below):

DCheck here ifthere is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write "Attachment 3b-Why Others Need Protection" for a title.

This is not a Court Order.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2018, Mandatory Form Code of Civil Procedure,§§ 527.6 and 527.9

Request for Civil Harassment Restraining Orders

CH-100, Page 1 of 6

(Civil Harassment Prevention)

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