Restraining Order Form Ch 100 PDF Details

In the landscape of legal protections against civil harassment, the CH-100 form plays a pivotal role by enabling individuals to request restraining orders in the state of California. Designed to address a broad spectrum of harassments, the form serves as an initial step for persons seeking shield against intimidations that span physical violence, threats, or any behavior that significantly disturbs one's peace and causes emotional distress. Applicants must detail their encounters with the harasser, ensuring the inclusion of specific incidents, the presence of any weapons, and describing how the harassment has impacted them physically or emotionally. Additionally, the form allows for the inclusion of other protected persons—significantly, family or household members whom the applicant believes are at risk. The nuanced approach taken by the CH-100 form extends to stipulating the relationship with the harasser, indicating past and ongoing legal interactions, and meticulously outlining the nature of protection sought, ranging from personal conduct orders to stay-away commands and firearms restrictions. Furthermore, the procedural aspects of filing, such as the request for a Temporary Restraining Order (TRO), mechanisms for expedited court hearings, and fee waivers for qualifying applicants, underscore the form's comprehensiveness. It is instrumental not only for initiating court actions but also for navigating the procedural intricacies inherent in securing a legal bulwark against civil harassment.

QuestionAnswer
Form NameRestraining Order Form Ch 100
Form Length6 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 30 sec
Other namesstocton harassement forms, restraining orders, request restraining orders, request for restraining order

Form Preview Example

 

Request for Civil Harassment

CH-100

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.

1Person Seeking Protection a. Your Full Name:

Age:

Your Lawyer (if you have one for this case)

Name:State Bar No.:

Firm Name:

b.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 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

Court fills in case number when form is filed.

Case Number:

2Person From Whom Protection Is Sought

Full Name:

 

 

 

 

 

Age:

 

 

Address (if known):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

State:

Zip:

 

 

 

 

 

 

 

 

 

 

 

 

3Additional Protected Persons

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

Yes

No If yes, list them:

Full Name

 

Sex

 

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

 

 

 

 

 

Yes

No

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

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.

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

Check here if there 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)

Case Number:

4Relationship of Parties

How do you know the person in 2 ? (Explain below):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 4—Relationship of Parties” for a title.

5Venue

Why are you filing in this county? (Check all that apply):

a. The person in 2 lives in this county.

b. I was harassed by the person in 2 in this county.

c. Other (specify):

6Other Court Cases

a. Have you or any of the persons named in

3 been involved in another court case with the person in 2 ?

Yes

No (If yes, check each kind of case and indicate where and when each was filed.)

 

Kind of Case

Filed in (County/State)

Year Filed Case Number (if known)

(1) Civil Harassment

(2) Domestic Violence

(3) Divorce, Nullity, Legal Separation

(4) Paternity, Parentage, Child Custody

(5) Elder or Dependent Adult Abuse

(6) Eviction

(7) Guardianship

(8) Workplace Violence

(9) Small Claims

(10) Criminal

(11) Other (specify):

b. Are there now any protective or restraining orders in effect relating to you or any of the persons in 3 and the

person in 2 ?

No

Yes (If yes, attach a copy if you have one.)

7Description 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.

a. Tell the court about the last time the person in 2 harassed you.

(1)When did it happen? (provide date or estimated date):

(2)Who else was there?

This is not a Court Order.

Revised January 1, 2018

Request for Civil Harassment Restraining Orders

CH-100, Page 2 of 6

(Civil Harassment Prevention)

Case Number:

7 a. (3) How did the person in 2 harass you? (Explain below):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 7a(3)—Describe Harassment” for a title.

(4)Did the person in 2 use or threaten to use a gun or any other weapon?

Yes No (If yes, explain below):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 7a(4)—Use of Weapons” for a title.

(5)Were you harmed or injured because of the harassment?

Yes

No (If yes, explain below):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 7a(5)—Harm or Injury” for a title.

(6)Did the police come? Yes No

If yes, did they give you or the person in 2

an Emergency Protective Order?

Yes

No

If yes, the order protects (check all that apply):

 

 

 

Me

The person in 2

The persons in 3 .

 

 

(Attach a copy of the order if you have one.)

 

 

b. Has the person in

2 harassed you at other times?

 

 

Yes

No

(If yes, describe prior incidents and provide dates of harassment below):

 

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 7b—Previous Harassment” for a title.

This is not a Court Order.

Revised January 1, 2018

Request for Civil Harassment Restraining Orders

CH-100, Page 3 of 6

(Civil Harassment Prevention)

Case Number:

8

Check the orders you want.

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 :

a.

Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy

 

personal property of, or disturb the peace of the person.

b.

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 e-mail, by text message, by fax, or by

 

other electronic means.

c.

Other (specify):

9

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 8c—Other Personal Conduct Orders,” for a title.

The person in 2 will be ordered not to take any action to get the addresses or locations of any protected person unless the court finds good cause not to make the order.

Stay-Away Orders

a. I ask the court to order the person in 2 to stay at least

 

yards away from (check all that apply):

(1)

Me.

(8)

(2)

The other persons listed in 3 .

(9)

(3) My home.

(4) My job or workplace.

(5) My school.

(6) My children’s school.

(7) My children’s place of child care.

My vehicle.

Other (specify):

b. If the court orders the person in 2 to stay away from all the places listed above, will he or she still be able

to get to his or her home, school, or job?

Yes

No (If no, explain below):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 9b—Stay-Away Orders,” for a title.

10Guns or Other Firearms and Ammunition

Does the person in 2 own or possess any guns or other firearms?

Yes No I don’t know

If the judge grants a protective order, the person in 2 will be prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a gun, other firearm, and ammunition while the protective order is in effect. The person in 2 will also be ordered to turn in to law enforcement, or sell to or store with a licensed gun dealer, any guns or firearms within his or her immediate possession or control.

This is not a Court Order.

Revised January 1, 2018

Request for Civil Harassment Restraining Orders

CH-100, Page 4 of 6

(Civil Harassment Prevention)

Case Number:

11

12

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.

Has the person in 2 been told that you were going to go to court to seek a TRO against him/her?

Yes

No (If you answered no, explain why below):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 11—Temporary Restraining Order” for a title.

Request to Give Less Than Five Days' Notice of Hearing

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. (Form CH-200-INFO explains What Is “Proof of Personal Service”? Form CH-200, Proof of Personal Service, may be used to show the court that the papers have been served.)

If you want there to be fewer than five days between service and the hearing, explain why below:

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 12—Request to Give Less Than Five Days’ Notice” for a title.

13

No Fee for Filing or Service

a.

b.

c.

There should be no filing fee because the person in 2 has used or threatened to use violence against me, has stalked me, or has acted or spoken in some other way that makes me reasonably fear violence.

The sheriff or marshal should serve (notify) the person in 2 about the orders for free because my request for orders is based on unlawful violence, a credible threat of violence, or stalking.

There should be no filing fee and the sheriff or marshal should serve the person in 2 for free because I am entitled to a fee waiver. (You must complete and file form FW-001, Application for Waiver of Court Fees and Costs .)

14 Lawyer's Fees and Costs

I ask the court to order payment of my

The amounts requested are:

Item

lawyer’s fees

Amount

$

$

$

Court costs.

ItemAmount

$

$

$

Check here if there are more items. Put the items and amounts on the attached sheet of paper or form MC-025 and write “Attachment 14—Lawyer’s Fees and Costs” for a title.

This is not a Court Order.

Revised January 1, 2018

Request for Civil Harassment Restraining Orders

CH-100, Page 5 of 6

(Civil Harassment Prevention)

Case Number:

15 Possession and Protection of Animals

I ask the court to order the following:

a.

That I be given the sole possession, care, and control of the animals listed below, which I own, possess, lease, keep, or hold, or which reside in my household.

(Identify animals by, e.g., type, breed, name, color, sex.)

I request sole possession of the animals because (specify good cause for granting order):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 15a—Possession of Animals” for a title.

b.

That the person in 2 must stay at least yards away from, and not take, sell, transfer, encumber,

conceal, molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.

16

17

Additional Orders Requested

I ask the court to make the following additional orders (specify):

Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 16—Additional Orders Requested,” for a title.

Number of pages attached to this form, if any:

Date:

Lawyer’s name (if any)

Lawyer’s signature

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.

Date:

Type or print your name

 

Sign your name

This is not a Court Order.

Revised January 1, 2018

Request for Civil Harassment Restraining Orders

CH-100, Page 6 of 6

(Civil Harassment Prevention)

How to Edit Restraining Order Form Ch 100 Online for Free

Handful of tasks are quicker than managing documents taking advantage of this PDF editor. There isn't much you should do to manage the civil harassment restraining order form - merely adopt these measures in the following order:

Step 1: Click on the button "Get Form Here".

Step 2: Now you are on the form editing page. You can edit, add information, highlight selected words or phrases, insert crosses or checks, and put images.

Prepare the civil harassment restraining order PDF by providing the details required for each part.

completing restraining order stage 1

In the EMail Address, Person From Whom Protection Is, Full Name, Address if known, City, Age, State, Zip, Additional Protected Persons, a Are you asking for protection, Full Name, Sex, Age, If yes list them Lives with you, and Yes field, put down your information.

restraining order EMail Address, Person From Whom Protection Is, Full Name, Address if known, City, Age, State, Zip, Additional Protected Persons, a Are you asking for protection, Full Name, Sex, Age, If yes list them Lives with you, and Yes blanks to insert

It's essential to point out the required particulars in the b Why do these people need, Check here if there is not enough, This is not a Court Order, Judicial Council of California, Request for Civil Harassment, and CH Page of part.

Completing restraining order stage 3

The Case Number, Relationship of Parties How do you, Check here if there is not enough, Venue Why are you filing in this, The person in lives in this county, b c, I was harassed by the person in in, Other Court Cases a Have you or, Yes, and If yes check each kind of case and area could be used to point out the rights and obligations of either side.

Finishing restraining order step 4

End by looking at all of these sections and writing the relevant details: Yes, If yes check each kind of case and, Kind of Case, Filed in CountyState, Year Filed Case Number if known, Civil Harassment Domestic Violence, b Are there now any protective or, person in, Yes, Description of Harassment, and Harassment means violence or.

stage 5 to entering details in restraining order

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Step 4: You can make duplicates of the document tostay clear of all of the possible future concerns. You should not worry, we don't display or track your information.

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