San Luis Obispo — information sheet

Source: https://www.slo.courts.ca.gov/system/files/civil_harassment.pdf

Self-Help Center Superior Court of California Family Law Facilitator Office County of San Luis Obispo

Forms Needed to Request Civil Harassment Restraining Orders

1. CH-100 Request for Civil Harassment Restraining Orders (staple the following as needed) MC-025 Attachment Form (if you need more space to describe the harassment)

2. CH-109 Notice of Court Hearing

3. CH-110 Temporary Restraining Order (only complete if you are requesting emergency temporary restraining orders, if so complete items 1, 2, 3 and 9 name and address of law enforcement only)

4. CH-130 Civil Harassment Restraining Order After Hearing (only complete items 1, 2 and 3)

5. CLETS-001 Confidential CLETS Information

6. CM-010 Civil Case Cover Sheet

7. CH-120 Response to Request for Civil Harassment Restraining Orders (staple and leave blank)

CH-120-INFO How Can I Respond to a Request for Civil Harassment Restraining Orders? CH-800 Proof of Firearms Turned In or Sold (leave blank)

8. CH-200 Proof of Personal Service

Where can I find these forms and get more help? For $5 the forms are available at the Court Clerk’s Office or you may download free forms and information at http://www.courts.ca.gov/selfhelp-abuse.htm.

What is a Civil Harassment Restraining Order? It is a court order that helps protect people from harassment by roommates, neighbors, co-workers or other people not related to you.

Can I get a Civil Harassment Restraining Order? You may obtain a civil harassment restraining order if you are worried about your safety because someone has stalked you, harassed you, assaulted you or threatened you with violence.

What facts does the judge need to know about? Your written declaration must state sufficient detailed facts that show reasonable proof of a past act or acts of abuse. Your written declaration should contain dates, a detailed description of the recent abuse and a detailed description of any injuries. If someone you know also witnessed any incident, that person may submit a declaration describing the incident. If you have police reports, photographs, declarations by others or other supporting documents, attach a copy to your Request for Orders, labeled as Exhibits and number each exhibit in your declaration. If you are requesting protection for another person, he or she must live in your household or be a family member. Your declaration must state the facts showing why that person also needs protection. The Court will grant or deny your request for temporary orders solely on the basis of your declaration. Your declaration must contain detailed facts based on your own knowledge.

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WHERE TO GET HELP: Self-Help Center: To schedule a telephone appointment for a document review go to https://calendly.com/self-help-center/ or call (805) 706-3617. Visit our website for more information at https://www.slo.courts.ca.gov/self-help/civil-harassment-restraining-order.

30-minute video: View civil harassment video about the court process and mediation option produced by the California Courts at https://www.courts.ca.gov/20131.htm.

Online Form Preparation: This program will ask you to answer questions. The answers you give will be used to complete the forms needed to start case. This program will allow you to print or eFile your forms. Go to http://california.tylerhost.net/SRL/SRL/Start?legalProcessKey=Civil_Harassment_Restraining_Order_Request.

WHERE TO GET FORMS: Internet: For free, click on the hyperlinks in these instructions or go to www.courts.ca.gov and hover over “Forms & Rules” and then click on “Find Your Court Forms” and type in the form number or name. Court Clerk’s Office: For $5, you may purchase a packet of blank forms.

COSTS INVOLVED: In some cases, there will be a $435 filing fee. If you cannot afford to pay the filing fees, you may request a fee waiver by completing the following forms: FW-001 Request to Waive Court Fees FW-003 Order on Court Fee Waiver

How can I keep the general public from viewing sensitive information relating to a minor child? In certain cases, the judge can order that the following information be kept confidential and not available for the public to view: name of the minor, address of the minor, and information surrounding the protective order relating to the minor.

In order for the judge to make this information confidential, you must prove that: the minors right to privacy overcomes the public’s right to access the information; there is a substantial probability that the minor’s interest will be prejudiced if the information in not kept confidential; the order to keep the information confidential is narrowly tailored; and no less restrictive means exist to protect the minor’s privacy.

Additional forms and procedures will be required to make this request, including form CH-160, CH-165 and CH- 175. You should consult with an attorney or the Self-Help Center / FLF Office for more information.

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Civil Harassment Restraining Order - Filing and Serving Instructions

Complete all necessary Restraining Order forms including CH-100, CH-
Complete Restraining Order 109, CH-110, CH-130, CLETS-001 and CM-010.
Forms and Make Copies Make 3 copies of your original completed CH-100 Request for Civil1
Harassment Restraining Orders.

When file your original CH-100, CH-109, CH-110, CH-130, CLETS-001 and
File with the Court all the CM-010 and 3 copies of the CH-100, the clerk will deliver the documents
completed original documents to the judge so that a decision can be made about your restraining order2 and copies request. You should make arrangements with the Court Clerk about
when and where you should pick up your copies of the restraining order
documents.

Generally, within 24 hours from when you file, the court will make a

3 Pick Up YourCopiesRestraining Order decisionyour restrainingabout yourorderTemporarycopies youRestrainingwill know Order.the dateWhenof youryounextpick up hearing and whether the judge granted your request for a temporary restraining order.

Someone who is 18 years or older must personally deliver to the other
party a copy of your restraining order documents including the
following: CH-100 (plus any attachments), CH-109, CH-110 and a blank
CH-120, CH-120-INFO and CH-800. The other party must receive these
Give the Other Party a Copy of documents at least 5 days before your scheduled hearing date, unless
the Restraining Order Documents otherwise ordered by the court. The person who personally delivered
and Complete the Proof of4 the documents to the other party must complete and sign the Proof of
Service Service CH-200 form.

If you are having the Sheriff’s Office deliver the documents to the other
party, then you will need to give the Sheriff’s Office 2 copies. In
addition, the Sheriff will have their own Proof of Service form.

Court Clerk Sheriff’s form) with the Court Clerk’s Office as soon as possible so you5 File the Proof Of Service with the You must file the original completed Proof of Service (CH-200 or
can show that the other party was served.

You may attend your hearing in person or by Zoom. On the day of your hearing, the judge will decide whether to grant or deny the orders you Attend Court on the Day of Your requested. If a restraining order is granted, it may last for up to 5 years. Hearing6 If you do not attend your hearing, then any temporary orders will expire on the date of the court hearing and you will have to start all over again to ask for orders if you need them in the future.

W:\Forms\Legal\Instructions\Civil Harassment.doc rev. 3/21/22