How to Fill Out Form PKT-002 A

Form PKT-002 A at a glance

What it is: CH-100, Request for Civil Harassment Restraining Orders, is a request for a court order that helps protect people from harassment.

Where and when to file: You must go to the superior court in the county where the harassment took place, the person to be restrained resides, or you reside or are temporarily located.

Where to get it: You can get the forms from legal publishers or from the California Courts website. You also may be able to find them at your local courthouse or county law library.

A filled-in Form PKT-002 A example: a person asks for protection for a son

Form PKT-002 A example filled out, example: a person asks for protection for a son
Maria Q. Sample fills out the CH-100 request for a restraining order. She asks protection for one household member, her son, and picks the Central Division. The picture shows its first page; every value in it is made up. Nothing goes in Your Lawyer because she has no lawyer for this case. The court fills in Case Number, so Case Number stays empty. One person fills Additional Protected Persons, so the other rows and the more-persons check box stay empty.

How to fill out Form PKT-002 A, box by box

Person Seeking Protection

Form PKT-002 A example filled out, person Seeking Protection

Under Person Seeking Protection, write Your Full Name and Age.

Your Lawyer (if you have one for this case): write Name, State Bar No. and Firm Name.

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

Your Address: If you have a lawyer, give your lawyer's information. If you 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 email.

Court fills in case number when form is filed.

Person From Whom Protection Is Sought

Form PKT-002 A example filled out, person From Whom Protection Is Sought

Under Person From Whom Protection Is Sought, write Full Name, Age, Address (if known), City, State and Zip.

Additional Protected Persons

Form PKT-002 A example filled out, additional Protected Persons

Are you asking for protection for any other family or household members? Yes No. If yes, list them: Full Name, Gender, Age, Lives with you?, How are they related to you?

Check here if there 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.

Why do these people need protection? If there is not enough space for your answer, check here and 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.

More rules for Form PKT-002 A

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. You do not need to reside in California to file your request for a civil harassment restraining order.

You must fill out all of form CH-100, Request for Civil Harassment Restraining Orders, and form CLETS-001, Confidential CLETS Information.

CLETS-001: If you are asking for a restraining order, you must complete this form and give it to the court clerk, along with the other court forms required in your case.

Request for Sheriff to Serve Court Papers, SER-001: Complete this form for each set of papers you need served. Do not use this form if you are asking the sheriff to enforce a wage garnishment order on an employer. If you want the sheriff to enforce a writ or levy, you must complete form SER-001A, Special Instructions for Writs and Levies-Attachment, and turn it in with this form.

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.

Do I have to go to court? Yes. Go to court on the date the clerk gives you.

How do you know the person in 2? If there is not enough space for your answer, write “Attachment 4-Relationship of Parties” for a title on the attached sheet of paper or form MC-025.

What if the restrained person does not obey the order? Call the police. The restrained person can be arrested and charged with a crime.

If your situation is different

You are filing in this county

Why are you filing in this county? (Check all that apply): The person in 2 resides in this county. I was harassed by the person in 2 in this county. I reside or am temporarily located in this county. Other (specify).

You describe the harassment

7 Description of Harassment: Harassment means violence or threats of violence against you, or a course of conduct that seriously alarmed, annoyed, or harassed you and caused you substantial emotional distress. A course of conduct is more than one act.

Tell the court about the last time the person in 2 harassed you. When did it happen? (Provide date or estimated date). Who else was there?

How did the person in 2 harass you? If there is not enough space for your answer, write “Attachment 7a(3)-Describe Harassment” for a title on the attached sheet of paper or form MC-025.

Has the person in 2 harassed you at other times? If yes, describe prior incidents and provide dates of harassment.

You ask for orders

Check the orders you want. 8 Personal Conduct Orders: I ask the court to order the person in 2 not to do any of the following things to me or to any person to be protected listed in 3:

Harass, intimidate, molest, attack, strike, stalk, threaten, assault, hit, abuse, destroy personal property of, or disturb the peace of the person.

Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by email, by text message, by fax, or by other electronic means

You ask for a Temporary Restraining Order

I request that a Temporary Restraining Order (TRO) be issued against the person in 2 to last until the hearing. I am presenting form CH-110, Temporary Restraining Order, for the court's signature together with this Request.

If you ask for a temporary restraining order, the court will decide within 24 hours whether or not to make the order.

You cannot afford the filing fee

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.

You need orders the court cannot make

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

Common questions about Form PKT-002 A

Who signs it?

Date: Type or print your name Sign your name

Is there a deadline?

12. You must have your papers personally served on the person in 2 at least five days before the hearing, unless the court orders a shorter time for service.

Where do I file it?

At the court, ask where you should file your request for a civil harassment restraining order. At the court, give your forms to the clerk of the court.

Are there fees?

If the restrained person has used or threatened to use violence against you or has stalked you, you do not have to pay a filing fee; otherwise, you must pay the fee.

What am I certifying when I sign?

“I declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct.”

Sources

[1] Civil Harassment Petitioner Packet PKT-002 A (Rev. 7/26), Superior Court of California, County of San Diego (the Official source link on this page).

PKT-002 A PDF Details

What is a civil harassment restraining order? It is a court order that helps protect people from harassment.

Residence: you do not need to reside in California to file your request for a civil harassment restraining order.

Court: you must go to the superior court in the county where the harassment took place, the person to be restrained resides, or you reside or are temporarily located.

Temporary order: if you ask for a temporary restraining order, the court will decide within 24 hours whether or not to make the order.

Hearing: if the court makes a temporary order, it will last until your hearing date.

Lawyer: if you do not know what to do to protect your rights, you should see a lawyer.

QuestionAnswer
Form NamePKT-002 A
Form Length35 pages
Fillable?Yes
Fillable fields904
Avg. time to fill out60+ min
EditionRev. 7/26
Issuing agencySuperior Court of California, County of San Diego
Other namesPKT-002 A, PKT-002A, PKT 002 A, Civil Harassment Petitioner Packet, San Diego civil harassment packet
Official sourcePKT-002 A (Rev. 7/26), Superior Court of California, County of San Diego