Mendocino — CH-100-INFO

Source: http://www.courts.ca.gov/documents/ch100info.pdf

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 order? How much does it cost? It is a court order that helps protect people from That depends on the type of harassment. If the restrained harassment. person has used or threatened to use violence against you or has stalked you, you do not have to pay a filing fee; Can I get a civil harassment restraining otherwise, you must pay the fee. order? If you cannot afford to pay the filing fee, ask the clerk how You can ask for one if you are worried about your safety to apply for a fee waiver. Form FW-001 is available for because someone: this purpose. Is harassing you If the order is based on prior acts of violence, a credible Is stalking you threat of violence, or stalking, you are entitled to free Has committed acts of violence against you, or service of the order by a sheriff or marshal. Also, if you are Has threatened you with violence eligible for a fee waiver, you can ask the sheriff or marshal to serve the order for free. If you are not eligible for freeYou do not need to reside in California to file your request service, you may pay the sheriff or marshal to serve thefor a civil harassment restraining order. order. How will the order help me? What forms do I need to get the order? The court can order a person to: You must fill out all of form CH-100, Request for Civil Not harass or threaten you Harassment Restraining Orders, and form CLETS-001, Not contact or go near you, and Confidential CLETS Information. If you need attachments, Not have any firearms (guns), firearm parts, you may use form MC-025. You must also fill out items 1 ammunition, or body armor. This includes firearm and 2 on form CH-109, Notice of Court Hearing, and items receivers and frames, and any item that may be used as 1, 2, and 3 on form CH-110, Temporary Restraining Order or easily turned into a receiver or frame (see Penal Code (CLETS-TCH). section 16531). For more information about the items a restrained Where can I get these forms? person cannot have, please see selfhelp.courts.ca.gov/ You can get the forms from legal publishers or from the restraining-orders/prohibited-items. California Courts website at courts.ca.gov/rules-forms/ find-your-court-forms . You also may be able to find themYou can also ask for protection for people who live with at your local courthouse or county law library.you and family members. In a civil harassment case, the court cannot: What do I need to do to get the order? Order a person to move out of your residence You must go to the superior court in the county where the Order a person to pay child support to you harassment took place, the person to be restrained resides, Make orders for custody and visitation or you reside or are temporarily located. Another court may If you need these orders, you should proceed under the also have jurisdiction over your case. At the court, ask Domestic Violence Protection Act. File form DV-100. where you should file your request for a civil harassment restraining order. (A self-help center or legal aidThe court also cannot: association may be able to assist you in filing your Order a person to pay money that the person owes you request.) Order someone to move out of rental property that you At the court, give your forms to the clerk of the court. The own clerk will give you a hearing date on the Notice of Court Order someone to stop creating a nuisance that doesn’t Hearing form, and if your request for immediate orders is involve harassment granted, a copy of the Temporary Restraining Order signed If you need these remedies, you must file a civil action. by a judicial officer.

Judicial Council of California, courts.ca.gov CH-100-INFO, Page 1 of 3Rev. January 1, 2026, Optional Form Can a Civil Harassment Restraining Order Help Me? Code Civ. Proc., § 527.6 (Civil Harassment Prevention)

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

How soon can I get the order? Do I need a lawyer? If you ask for a temporary restraining order, the court will Having a lawyer is always a good idea, but it is not decide within 24 hours whether or not to make the order. required and you are not entitled to a free, court-appointed Sometimes the court decides sooner. Ask whether you lawyer. Ask the court clerk about free and low-cost legal should wait or come back later to get the signed Notice of services and self-help centers in your county. Court Hearing and Temporary Restraining Order. Will I see the restrained person at the court How long does the order last? hearing? If the court makes a temporary order, it will last until your If the person comes to the hearing, yes. But that person hearing date. At that time, the court will decide to continue does not have the right to speak to you. If you are afraid, or cancel the order. The order could last for up to five tell the court officer. years. Can I bring someone with me to court? How will the person to be restrained know Yes. You can bring someone to sit with you during the about the order? hearing. But that person cannot speak for you in court. Only you or your lawyer (if you have one) can speak forSomeone age 18 or older—not you or anyone else to be you.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. (See item 3 on form CH-109, Notice of Court Hearing.)

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, emails, 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.)

Rev. January 1, 2026 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 have a disability? What if I don't speak English? If you have a disability and need an accommodation while When you file your papers, ask the clerk if a court you are at court, you can use form MC-410, Disability interpreter is available. You can also use form INT-300, Accommodation Request, to make your request. You can Request for Interpreter (Civil), or a local court form or also ask the ADA Coordinator in your court for help. For website to request an interpreter. For more information more information, see form MC-410-INFO, How to about court interpreters, go to selfhelp.courts.ca.gov/ Request a Disability Accommodation for Court. request-interpreter.

Information about the process is also Can I agree with the restrained person to available online. cancel the order? See selfhelp.courts.ca.gov/CH-restraining-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. For help in your area, contact: [Local information may be inserted.]

Rev. January 1, 2026 Can a Civil Harassment Restraining Order Help Me? CH-100-INFO, Page 3 of 3 (Civil Harassment Prevention) For your protection and privacy, please press the Clear button after you have printed the form. Print Save Clear