Stanislaus — Civil Harassment Renewal

Source: https://www.stanislaus.courts.ca.gov/system/files/forms-and-filings/civil-harassment-renewal-packet.pdf

Sparse pages use OCR; original PDF remains authoritative.

STANISLAUS COUNTY SUPERIOR COURT CIVIL DIVISION www.stanislaus.courts.ca.gov (209) 530-3100

Revised 1/1/2024

CIVIL HARASSMENT RENEWAL

All documents must be typed or printed legibly per Rules of Court 2.104. One (1) original plus two (2) copies of the Request and Order are required for filing.

Renewal may be filed within (3) months prior to the expiration of the order.

In this packet you will find the following forms:

1. Request to Renew Restraining Order (CH-700)
• A copy of your order CivilHarassmentOrderAfterHearing(CH-130)
must be attached to this request.

2. Notice of Hearing to Renew Restraining Order (CH-710)

3. What is “Proof of Personal Service?” (CH-200-INFO)

4. Proof of Personal Service (CH-200)

5. Response to Request to Renew Restraining Order (CH-720)

6. Proof of Service of Response by Mail (CH-250)

The following forms need to be served on the other party BLANK.
• Response to Request to Renew Restraining Order (CH-720)
• Proof of Service of Response by Mail (CH-250)

This is the paperwork the restrained person(s) needs to fill out and file with the
Court to answer your request for renewal orders.

Req uest to Renew Restraini ng Clerk stamps date here when form is filed. AU Order Protected Person a. Your Full Name: Your Lawyer (if you have one for this case): Name: State Bar No.: Firm Name: b. Your Address (Jf you have a lawyer, give your lawyer's information. If you do not have a lawyer and want to keep your home address Fil'in court name and street address: private, you may give a different mailing address instead. You do not | Superior Court of California, County of have to give telephone, fax, or e-mail.) STANISLAUS Address: 801 10TH STREET, 4TH FLOOR , MODESTO, CA 95354 City: State: Zip: Telephone: Fax: —_ Hi Court fills in case number when form is filed. E-Mail Address: Case Number: (2) Restrained Person Full Name: Address (if known): City: State: Zip: (3) Request to Renew Restraining Order I ask the court to renew the Civil Harassment Restraining Order After Hearing (form CH-130). A copy of the order is attached. a. The order ends on (date): b. (J This is my first request to renew the order. ( The order has been renewed times. c. I want the order to be renewed for [] five years (1 other (specify): d. I ask the court to renew the order because (explain below): (1 Check here if there is not enough space for your answer. Attach a sheet of paper and write “Attachment 3d—Reasons to Renew Order” for a title. You may use form MC-025, Attachment. I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: Type or print your name Sign your name This is not a Court Order. Judicial Council of California, www.cour Vv ini CH-700, P; 1 of 1 Moet ne aac te Request to Renew Restraining Order s Page 10 Code of Civil Procedure, § 527.6()) (Civil Harassment Prevention) For your protection and privacy, please press the Clear This Form button after you have printed the form.

CH 71 0 Notice of Hearing to Renew [Clerk stamps date here when form 1s filed. Restraining Order (4) Protected Person a. Your Full Name: Your Lawyer (if-you have one for this case): Name: State Bar No.: Firm Name: b. Your Address (Ifyou have a lawyer, give your lawyer’s information. If you do not have a lawyer and want to keep your Fill in court name and street address: home address private, you may give a different mailing address Superior Court of California, County of instead. You do not have to give telephone, fax, or e-mail.): STANISLAUS Address: 801 10TH STREET, 4TH FLOOR : , MODESTO, CA 95354 City: State: Zip: Telephone: Fax: Court fills in case number when form is filed. E-Mail Address: (2) Restrained Person Full Name: Case Number: Address (if known): City: State: Zip: To the Restrained Person Court Hearing The judge has set a court hearing date. Court will fill in box below. The current restraining order stays in effect until the end of the hearing. Name and address of court if different from above: Date: Time: Hearing Date Dept.: Room: At the hearing, the judge can renew the current restraining order for up to another five years. You must continue to obey the current restraining order until the hearing. At the hearing, you can tell the judge if you do not want the order against you renewed. If the restraining order is renewed, you must obey the order even if you do not attend the hearing. If you wish to make a written response to the request to renew the restraining order, you may fill out form CH-720, Response to Request to Renew Restraining Order. File the original with the court before the hearing and have someone age 18 or older—not you—mail a copy of it to the protected person at the address in) at least days before the hearing. Also file form CH-250, Proof of Service of Response by Mail, with the court before the hearing. This is a Court Order. Judicial Council of California, www.courts.cagov Al otice of Hearing to Renew Restraining Order CH-710, Page 1 of 2 Revised January 1, 2016, Mandatory Form Code of Civil Procedure, § 627.60) (Civil Harassment Prevention) >

Case Number: To the Protected Person: (4) Service and Response Someone age 18 or older—not you or anyone else protected by the restraining order—must personally serve (give) a copy of the following forms on the restrained person at least days before the hearing.

• CH-700, Request to Renew Restraining Order;
• CH-710, Notice of Hearing to Renew Restraining Order (this form);
• CH-720, Response to Request to Renew Restraining Order (blank copy);
• CH-130, the current Civil Harassment Restraining Order After Hearing for which renewal is requested. After the restrained person has been served, file form CH-200, Proof of Personal Service, with the court clerk. For help with service, read form CH-200-INFO, What Is “Proof of Personal Service”? Date: Judicial Officer Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk’s office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Response (form MC-410). (Civ. Code, § 54.8.) This is a Court Order. Revised January 1, 2016 Notice of Hearing to Renew Restraining Order CH-710, Page 2 of 2 (Civil Harassment Prevention) For your protection and privacy, please press the Clear This Form button after you have printed the form.

CH-200 Proof of Personal Service Clerk stamps date here when form is filed.

1 Person Seeking Protection Name:

2 Person From Whom Protection Is Sought Name: 3 Notice to Server The server must: • Be 18 years of age or older. Fill in court name and street address: • Not be listed in items 1 or 3 Superior Court of California, County of of form CH-100. • Give a copy of all documents checked in 4 to the person in 2 . (You cannot send them by mail.) Then complete and sign this form and give or mail it to the person in 1 .

PROOF OF PERSONAL SERVICE Court fills in case number when form is filed.

4 I gave the person in 2 a copy of the forms checked below: Case Number: a. CH-109, Notice of Court Hearing b. CH-110, Temporary Restraining Order c. CH-100, Request for Civil Harassment Restraining Orders d. CH-120, Response to Request for Civil Harassment Restraining Orders (blank form) e. CH-120-INFO, How Can I Respond to a Request for Civil Harassment Restraining Orders? f. CH-130, Civil Harassment Restraining Order After Hearing g. CH-250, Proof of Service by Mail (blank form) h. CH-800, Receipt for Firearms and Firearm Parts (blank form) i. Other (specify):

5 I personally gave copies of the documents checked above to the person in 2 : a. On (date): b. At (time): a.m. p.m. c. At this address: City: State: Zip: 6 Server ’s Information Name: Address: City: State: Zip: Telephone:

(If you are a registered process server):
County of registration: Registration number:
I declare under penalty of perjury under the laws of the State of California that the information above is true and
correct.

Date:

Type or print server’s name Server to sign here

www.courts.ca.govJudicial Council of California,

Rev. January 1, 2023, Optional Form Proof of Personal Service CH-200, Page 1 of 1 Code of Civil Procedure, § 527.6 (Civil Harassment Prevention)

eS PyANIE | ia@) What Is Proof 5 1 1 1 1 8 704 122 36 28 95.019341 of 5 1 1 1 1 9 753 122 159 28 96.706230 Personal 5 1 1 1 1 10 927 122 177 28 95.069839 Service? What is service? Service is the act of giving your court papers to the other party in your case. There are different ways to serve the other party: in person, by mail, and others. Why do my court papers need to be served? Before a judge can grant a civil harassment restraining order (that can last up to five years), the person you want a restraining order against must know about your request and have a chance to go to court to explain their side. Also, if a restraining order is in place, the police cannot arrest the restrained person for violating the restraining order until the restrained person is served with the order. What is personal 5 1 5 1 1 4 419 793 161 27 96.303619 service? Personal service is when someone, known as a server, personally delivers your court papers to the other party. In most cases, these forms must be served on the other party by personal service: » Form CH-109;

» Form CH-100; » Form CH-110; » Form CH-120 (leave this form blank); Form CH-120-INFO; and » Form CH-250 (leave this form blank). Who can serve my court papers? Any adult who is not protected by the restraining order can serve your court papers. You cannot serve your own court papers. people's safety when deciding who you want to oO Some situations may be dangerous. Think about serve your papers. A sheriff or marshal will serve your court papers for free if: e The court granted you a fee waiver; or e The restraining order is based on stalking, violence, or a credible threat of violence. A registered process server is a business you pay to deliver papers. To hire a process server, look for process 5 1 12 5 3 2 215 1960 84 22 96.739296 server on the internet or in the yellow pages. How do | have my court papers served? CO Step 1: Choose a server The person who gives your court papers to the other party is called a server. Your server must be at least 18-years-old. They must not be protected by the restraining order or involved in your case. This means that you cannot serve your own court papers. O Step 2: Have your server give your court papers to the other party Give your server these instructions: @O Before you serve the forms, note which forms you have, including the name of the form and the form number. See form CH-200 for a list of forms. @ Find the person you need to serve. Make sure you are serving the right person by asking the person's name. © Give the person the papers. If the person refuses to take the papers, put them on the ground or somewhere next to the person. The person doesn't have to touch or sign for the papers. It is okay if they tear them up. @ Fill out form CH-200 completely and sign. @ File form CH-200 with the court or give form CH-200 to the person who is asking for the restraining order so they can file it. O Step 3: File proof with the court The court needs proof that service happened and that it was done correctly. If your server was successful, have your server fully complete and sign form CH-200. The person you want restrained does not sign anything. File form CH-200 with the court in your case as soon as possible. This information will automatically go into a restraining order database that police have access to. If the sheriff or marshal served your court papers, they may use another form for proof besides form CH-200. Make sure a copy is filed with the court and that you get a copy. Judicial Council of California, www.courts.ca.gov Rev. September 1, 2022, Optional Form What Is Proof 5 1 22 1 1 4 800 2040 31 24 96.028618 of 5 1 22 1 1 5 841 2040 137 24 96.406319 Personal 5 1 22 1 1 6 991 2040 152 24 96.630753 Service? (Civil Harassment Prevention) > CH-200-INFO, Page 1 of 2

eS PYANIE | ia@) What Is Proof 5 1 1 1 1 8 704 122 36 28 96.721947 of 5 1 1 1 1 9 753 122 159 28 96.749260 Personal 5 1 1 1 1 10 927 122 177 28 94.917732 Service? When is the deadline to serve my court papers? It depends. To know the exact date, you need to look at two items on form CH-109. Follow these steps: O Step 1: Look at the court date listed under @) on page 1. Notice of Court Hearing A court hearing is scheduled on Hearing Date: __ Date Dept.: Step 2: Look at the number of days written in on page 2. Service of Documents by the Person LJ ___ days before the At least oO five O Step 3: Look at a calendar. Subtract the number of days in G) from the court date. That's the deadline to have your court papers served. It's okay to serve your court papers before the deadline. If nothing is written in ©, you must have your court papers served at least five days before your court date. What happens if I can't get my court papers served before the court date? You will need to ask the court to reschedule (continue) your court date. Fill out and file form CH-115 and form CH-116. These forms ask the judge for a new court date and to make any temporary orders last until the end of the new court date. If the judge gives you a new court date, the person you want restrained will have to be served with form CH-115, form CH-116, and the original papers you filed. You should keep a copy of form CH-115, form CH-116, and a copy of your original paperwork. That way, the police will know your orders are still in effect. For more information on asking for a new court date, read form CH-115-INFO. What if the other party is avoiding (evading) service or cannot be located? If you've tried many times to serve the the restrained person, and you can show the judge that the restrained person is avoiding (evading) service or cannot be located, you may ask the court to allow you to serve another way. If you want to make this request, at your first court date tell the judge details about your attempts to have the restrained person served. The judge may require a written statement for this. Read form CH-205-INFO, What If the Person I Want Protection from Is Avoiding (Evading) Service or Cannot Be Located?, for more information. Rev. September 1, 2022, Optional Form What Is Proof 5 1 26 1 1 4 800 2040 31 24 95.956573 of 5 1 26 1 1 5 841 2040 137 24 96.409943 Personal 5 1 26 1 1 6 991 2040 152 24 96.501259 Service? CH-200-INFO, Page 2 of 2 (Civil Harassment Prevention)

Clerk stamps date here when form is filed. CH-250 Proof of Service by Mail

1 Name of Person Asking for Protection:

2 Name of Person to Be Restrained:

3 Notice to Server The server must: • Be 18 years of age or over. Fill in court name and street address: Superior Court of California, County of • Not be listed in items 1 , 2 , or 3 of form CH-100, Request for Civil STANISLAUS Harassment Restraining Orders. 801 10TH STREET, 4TH FLOOR MODESTO, CA 95354 • Mail a copy of all documents checked in 4 . to the person in 5 .

4 I (the server) am 18 years of age or over and live in or am employed Fill in case number: in the county where the mailing took place. I mailed a copy of all Case Number: documents checked below to the person in 5 :

a. CH-120, Response to Request for Civil Harassment Restraining Orders
b. CH-130, Civil Harassment Restraining Order After Hearing
c. Other (specify):

5 I placed copies of the documents checked above in a sealed envelope and mailed them as described below: a. Name of person served:

b. To this address:
City: State: Zip:
c. Mailed on (date):
d. Mailed from (city): (state):

6 Server ’s Information Name: Address: City: State: Zip: Telephone: If you are a registered process server: County of registration: Registration number:

7 I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:

Type or print server’s name Server to sign here

Judicial Council of California, www.courts.ca.gov Proof of Service by Mail (CLETS) CH-250, Page 1 of 1 Rev. September 1, 2022, Optional Form Code of Civil Procedure, § 527.6 (Civil Harassment Prevention)

Response to Request to Renew CH-720 Restraining Order Use this form to respond to the Request to Renew Restraining Order (Form CH-700) ¢ Fill out this form and then take it to the court clerk. « Have someone age 18 or older—not the restrained person—serve the protected person by mail with a copy of this form and any attached pages. (Use form CH-250, Proof of Service of Response by Mail.) Protected Person (Form CH-700, item 1) Name: (2) Restrained Person a. Your Name: Your Lawyer (if vou have one for this case): Name: State Bar No.: Firm Name: b. Your Address (Ifyou have a lawyer, give your lawyer's information. Ifyou 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.): \Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of STANISLAUS 801 10TH STREET, 4TH FLOOR MODESTO, CA 95354 Court fills in case number when form is filed. Case Number: Address: City: State: Zip: Telephone: Fax: E-Mail Address: (3) Response a. (_] I agree to extend the order. b. [ I do not agree to extend the order. c. [J I agree to the following order instead (specify below): CL] Check here if there is not enough space for your answer. Attach a sheet of paper and write “Attachment 3c—Order Requested” for a title. You may use form MC-025, Attachment. The court will consider your Response at the hearing. Write your hearing date, time, and place from Form CH-710 item @) here. Hearing Date: Date Time: Dept.: Room: You must continue to obey the current restraining order until the hearing. At the hearing, the court can extend the order against you for up to another five years. d. [J Iask the court not to renew the order for the following reasons (specify below): L] 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 3d—Reasons Not to Renew” for a title. Judicial Counc of Calforia, www.courscagey Response to Request to Renew Restraining Order CH-720 Page 1 of 2 Revised January 1, 2016, Mandatory Form Code of Civil Procedure, § 527.6() (Civil Harassment Prevention)

Case Number: Date:

Lawyer's name, if you have one Lawyer's signature I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: Type or print your name Sign your name Revised January 1, 2016 Response to Request to Renew Restraining Order CH-720 Page 2 of 2 (Civil Harassment Prevention) For your protection and privacy, please press the Clear This Form button after you have printed the form.