Amador — CH-100-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/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 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? If you cannot afford to pay the filing fee, ask the clerk how to apply for a fee waiver. Form FW-001 is available You can ask for one if you are worried about your for this purpose. safety because someone: • 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 • Has threatened you with violence 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 toHow will the order help me? serve the order.The court can order a person to: • Not harass or threaten you What forms do I need to get the order? You must fill out all of Form CH-100, Request for Civil • Not contact or go near you, and Harassment Restraining Orders, and Form CLETS-001, • Not have a gun Confidential CLETS Information. If you need attachments, you may use Form MC-025. You must alsoYou can also ask for protection for people who live with fill out items 1 and 2 on Form CH-109, Notice of Courtyou and family members. Hearing, and items 1, 2, and 3 on Form CH-110, In a civil harassment case, the court cannot: Temporary Restraining Order (CLETS). • Order a person to move out of your residence Where can I get these forms? • Order a person to pay child support to you You can get the forms from legal publishers or on the • Make orders for custody and visitation 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 What do I need to do to get the order?Domestic Violence Protection Act. File Form DV-100. You must go to the superior court in the county where the harassment took place or the person to be restrained The court also cannot: lives. At the court, ask where you should file your • Order a person to pay money that he or she owes request for a civil harassment restraining order. (A self- you help center or legal aid association may be able to assist • Order someone to move out of rental property you in filing your request.) that you own At the court, give your forms to the clerk of the court. • Order someone to stop creating a nuisance that The clerk will give you a hearing date on the Notice of doesn't involve harassment Court Hearing form, and if your request for immediate orders is granted, a copy of the Temporary Restraining If you need these remedies, you must file a civil action. Order signed by a judicial officer.

Judicial Council of California CH-100-INFO, Page 1 of 3www.courts.ca.gov Can a Civil Harassment Restraining Order Help Me? Revised July 1, 2014, Optional Form (Civil Harassment Prevention)Code of Civil Procedure, § 527.6

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 Having a lawyer is always a good idea, but it is not will decide within 24 hours whether or not to make the required and you are not entitled to a free court- order. Sometimes the court decides sooner. Ask whether appointed attorney. Ask the court clerk about free and you should wait or come back later to get the signed low-cost legal services and self-help centers in your Notice of Court Hearing and Temporary Restraining county. Order. Will I see the restrained person at the court hearing?How long does the order last? If the person comes to the hearing, yes. But that person If the court makes a temporary order, it will last until does not have the right to speak to you. If you are afraid, your hearing date. At that time, the court will decide to tell the court officer. continue or cancel the order. The order could last for up to five 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.

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.).

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? What if I don't speak English? Assistive listening systems, When you file your papers, ask the clerk if a court computer-assisted real-time interpreter is available. You may have to pay a fee for captioning, or sign language the interpreter. If an interpreter is not available for your interpreter services are available if court date, you should ask someone who is not listed as a you ask at least five days before the person to be protected on your Request and who is over hearing. Contact the clerk’s office or age 18 to interpret for you . go to www.courts.ca.gov/forms for Request for Accommodations by Can I agree with the restrained person to Persons with Disabilities and cancel the order? Response (Form MC-410). No. Once the order is issued, only the judge can change (Civ.Code, § 54.8.) 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. July 1, 2014 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 This Form button after you have printed the form. Print this form Save this form Clear this form