Instructions for Form TH-100 "Petition for Order Prohibiting Abuse or Program Misconduct" - California

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TH-200

INSTRUCTIONS FOR PROGRAM OPERATORS

LAWSUITS TO PROHIBIT ABUSE OR PROGRAM MISCONDUCT

(Transitional Housing Misconduct Act)

(Civil Code section 1954.10 et seq.)

Read the "General Instructions" first. Then read the special instructions for program operators

on page three.

GENERAL INSTRUCTIONS

WHO CAN GET ORDERS PROHIBITING ABUSE OR MISCONDUCT?

Individuals or organizations that run a transitional housing program can ask the court for these orders. The Transitional

Housing Misconduct Act applies only if the housing program

is run by a government agency, a private nonprofit corporation that receives program funds from a

(1)

government agency, or an operator hired by one of the above to run the program;

(2)

helps homeless persons obtain the skills necessary for independent living in permanent housing;

(3)

includes regular individualized case management services;

(4)

provides a structured living environment and requires compliance with program rules; and

(5)

restricts the occupancy period to not less than 30 days but not more than 24 months.

Only the program operator can ask the court for orders against a participant. A program participant cannot ask the court

for orders against a fellow participant, nor can program employees or neighbors of the program site ask for orders. The

program operator can, however, petition on their behalf.

TO WHOM DO THESE ORDERS APPLY?

A program operator can ask the court for orders against a homeless person who is now a participant in the housing

program. Someone is a homeless person if, before coming to the housing program, he or she lacked a regular and

adequate nighttime residence or the most recent nighttime residence was

(1)

a supervised shelter designed to provide temporary housing; or

(2)

an institution that provides temporary housing for individuals intended to be institutionalized; or

(3)

a place not designed or ordinarily used as sleeping accommodations for humans.

Someone is a participant in a housing program if he or she signed a contract with the program as a condition to getting

housing. The program operator can get orders only against a participant who has signed a contract that includes

(1)

the housing program's rules;

a statement of the program operator's right of control and access over the unit occupied by the

(2)

participant; and

(3)

a restatement of the procedures and rights created by the Transitional Housing Misconduct Act.

The program operator can ask for orders against the participant and anyone living with the participant at the program site.

The operator must prove program misconduct or abuse, however, for each individual against whom orders are granted.

Restraining orders issued under this act apply only to the persons named in the order. That means that if the court orders

only one member of a family to move out of program housing, the rest of the family members may remain in the program

(unless they are all minors).

(Continued on reverse)

Page 1 of 8

Form Adopted for Mandatory Use

Civil Code,§ 1954.10 et seq.

INSTRUCTIONS FOR PROGRAM OPERATORS

Judicial Council of California

www.courts.ca.gov

(Transitional Housing Misconduct)

TH-200 [Rev. September 1, 2018]

TH-200

INSTRUCTIONS FOR PROGRAM OPERATORS

LAWSUITS TO PROHIBIT ABUSE OR PROGRAM MISCONDUCT

(Transitional Housing Misconduct Act)

(Civil Code section 1954.10 et seq.)

Read the "General Instructions" first. Then read the special instructions for program operators

on page three.

GENERAL INSTRUCTIONS

WHO CAN GET ORDERS PROHIBITING ABUSE OR MISCONDUCT?

Individuals or organizations that run a transitional housing program can ask the court for these orders. The Transitional

Housing Misconduct Act applies only if the housing program

is run by a government agency, a private nonprofit corporation that receives program funds from a

(1)

government agency, or an operator hired by one of the above to run the program;

(2)

helps homeless persons obtain the skills necessary for independent living in permanent housing;

(3)

includes regular individualized case management services;

(4)

provides a structured living environment and requires compliance with program rules; and

(5)

restricts the occupancy period to not less than 30 days but not more than 24 months.

Only the program operator can ask the court for orders against a participant. A program participant cannot ask the court

for orders against a fellow participant, nor can program employees or neighbors of the program site ask for orders. The

program operator can, however, petition on their behalf.

TO WHOM DO THESE ORDERS APPLY?

A program operator can ask the court for orders against a homeless person who is now a participant in the housing

program. Someone is a homeless person if, before coming to the housing program, he or she lacked a regular and

adequate nighttime residence or the most recent nighttime residence was

(1)

a supervised shelter designed to provide temporary housing; or

(2)

an institution that provides temporary housing for individuals intended to be institutionalized; or

(3)

a place not designed or ordinarily used as sleeping accommodations for humans.

Someone is a participant in a housing program if he or she signed a contract with the program as a condition to getting

housing. The program operator can get orders only against a participant who has signed a contract that includes

(1)

the housing program's rules;

a statement of the program operator's right of control and access over the unit occupied by the

(2)

participant; and

(3)

a restatement of the procedures and rights created by the Transitional Housing Misconduct Act.

The program operator can ask for orders against the participant and anyone living with the participant at the program site.

The operator must prove program misconduct or abuse, however, for each individual against whom orders are granted.

Restraining orders issued under this act apply only to the persons named in the order. That means that if the court orders

only one member of a family to move out of program housing, the rest of the family members may remain in the program

(unless they are all minors).

(Continued on reverse)

Page 1 of 8

Form Adopted for Mandatory Use

Civil Code,§ 1954.10 et seq.

INSTRUCTIONS FOR PROGRAM OPERATORS

Judicial Council of California

www.courts.ca.gov

(Transitional Housing Misconduct)

TH-200 [Rev. September 1, 2018]

TH-200

WHEN CAN THE COURT MAKE ORDERS PROHIBITING ABUSE OR MISCONDUCT?

Program operators can ask the court for orders if the participant has engaged in program misconduct or abuse.

Theparticipant's conduct is program misconduct if

(1)

the participant intentionally broke the program rules;

(2)

the participant's conduct substantially interferes with the program operator's ability to run the

housingprogram; and

(3)

the conduct relates to

(a)

drunkenness, sale or use of drugs, theft, arson, or destruction of another person's property; or

violence or threats of violence directed at, and harassment of, immediate neighbors of the program site,

(b)

program employees, or other participants.

The participant's conduct is abuse if

(1)

the participant did or attempted to attack, strike, batter, or sexually assault other participants, program

employees, or immediate neighbors of the program site; or

(2)

the participant threatened to attack, strike, batter, or sexually assault the above individuals.

WHAT KINDS OF ORDERS ARE AVAILABLE TO PREVENT ABUSE OR MISCONDUCT?

A program operator can request a Temporary Restraining Order or a "permanent" order (Order After Hearing), or both.

These both are court orders forbidding someone from engaging in the activity described in the order. A Temporary

Restraining Order is issued by a judge after a request for a permanent order has been filed, but before there has been a

full hearing. Permanent orders can be issued only after a full hearing before a judge, where both the participant and the

program operator can be represented by attorneys and have the opportunity to present evidence.

TEMPORARY RESTRAINING ORDERS ("TRO") BEFORE THE HEARING

A TRO orders the participant to stop the abuse or misconduct and goes into effect immediately. The order lasts a maxi-

mum of five days. The court may not be able to grant a hearing within five days, in which case the order will last until the

hearing. To get a TRO the program operator must prove that the participant has engaged in program misconduct or abuse

and that great or irreparable harm will result before the hearing if the TRO is not granted.

In limited circumstances, the judge can use a TRO to order the participant to move out. The judge will do this only if it is

necessary to protect another participant, a program employee, or an individual who lives within 100 feet of the program

site from imminent serious bodily injury. To get a TRO excluding the participant from program housing, the program

operator must provide clear and convincing evidence that the participant engaged in abuse and that great or irreparable

injury will result before the hearing if the participant is not ordered to move out or stay away from the housing program, or

both.

If the participant has been living in program housing under contract for six months or longer, the program operator cannot

get a TRO unless an action is pending against the participant or a TRO is already in effect and is subject to further orders.

The program operator may still use unlawful detainer procedures or file for a permanent order only.

You must give notice to the participant before asking for a TRO. Notice requires you to show the judge that

before applying for the TRO you told the participant or the participant's attorney when and where the

(1)

application would be made; or

(2)

you made a good-faith effort to tell the participant or the participant's attorney; or

you should not have to give notice because great harm would result to a program operator, participant, or

(3)

immediate neighbor of the program site before the hearing.

ORDER AFTER HEARING ("PERMANENT" ORDERS)

Temporary restraining orders last a maximum of five days or until the hearing. When the judge issues the TRO, he or she

will set a date for the hearing on the permanent order (also called the Order After Hearing or "injunction"). A "per-manent"

order issued after a hearing lasts up to one year.

The program operator seeking the order must have the following papers delivered (served) to the participant at leasttwo

days before the hearing

(1)

a copy of the Order to Show Cause (Transitional Housing Misconduct);

(2)

a copy of the Temporary Restraining Orders (if any);

(3)

a copy of the Petition for Order Prohibiting Abuse or Program Misconduct;

(4)

a blank Participant's Response (Transitional Housing Misconduct);

(5)

two copies of a blank Attached Declaration (form MC-031);

(Continued on reverse)

TH-200 [Rev. September 1, 2018]

INSTRUCTIONS FOR PROGRAM OPERATORS

Page 2 of 8

(Transitional Housing Misconduct)

TH-200

Order After Hearing continued

(6)

a blank Proof of Personal Service (Transitional Housing Misconduct);

(7)

a copy of these instructions; and

(8)

copies of all materials (affidavits and supporting memoranda) to be used in the hearing.

The Order to Show Cause must contain the name and phone number of the Legal Services Office in the county where the

petition was filed, and must inform the participant this office may be called for legal advice about responding to the

request for court orders.

In limited circumstances the court will make a permanent order for the participant to move out of or keep away from the

program site. To get this type of order, the program operator must provide clear and convincing evidence that the

participant engaged in abuse and that great or irreparable injury will result if the order is not granted.

WHAT IS NEEDED TO GET THE COURT ORDERS OR TO OBJECT TO THEM?

Transitional Housing Misconduct forms, available from the superior court clerk's office or from legal publishers. The

court clerk can tell you where to get the forms.

A typewriter with which to fill out the forms. The forms should be typed. Some volunteer legal service groups have

typewriters you can use, and some libraries offer the use of typewriters for a small fee. If you cannot type, print clearly.

Money for a court filing fee, unless the court excuses you from paying. If you cannot afford to pay the court filing fee,

ask the clerk for the Information Sheet on Waiver of Court Fees and Costs. If you are a participant objecting to the

court orders, you do not have to pay to file your response.

Someone 18 years of age or older to deliver (serve) certain papers to the other party. This person must be someone

other than yourself, and not an employee of the program.

WHAT FORMS ARE AVAILABLE FOR OBTAINING OR OPPOSING AN ORDER?

Petition for Order Prohibiting Abuse or Program Misconduct [''Petition"]. This four-page form tells the judge the

facts of the program operator's case and what orders the program operator wants the judge to make.

Order to Show Cause and Temporary Restraining Order ["OSC/TRO"]. The judge signs this order to tell the

participant to come to court for the court hearing. It may contain court orders that take effect immediately and stay in

effect for up to five days or until the hearing.

Participant's Response ["Response"]. The participant may file this form to object to the orders the program operator

asked the court to make, and to give his or her side of the story.

Order After Hearing [''Order'']. This is the permanent order or injunction. This form is signed by the court following

the hearing. It will expire in one year or less unless the court terminates, modifies, or extends it.

Proof of Personal Service. This form shows that a participant or program operator has been served with legal papers

as required by law.

INSTRUCTIONS FOR THE PROGRAM OPERATOR

STEPS TO TAKE TO GET A COURT ORDER

Complete the forms. Fill in the Petition and the OSC/TRO except for the date of the court hearing and the judge's

signature. (Remember, most courts require that all forms be typewritten.)

If you are not represented by an attorney, fill in the name of the person signing the petition, the program name,

mailing address, and phone number at the top of each form. If you do not want to disclose your home or work

address or phone number, you may use an address or phone number where you will be able to receive any

communications.

Fill in the name of the county where the action will be filed and the address of the superior court.

Type your full name and the participant's full name.

Mark with an "X" all boxes that apply to your case. Read each item carefully and fill in the necessary information.

Be specific.

You can type any witness statements (called affidavits or declarations) on form MC-031 and attach the form to

your Petition.

Remember to date and sign the Petition.

(Continued on reverse)

TH-200 [Rev. September 1, 2018]

INSTRUCTIONS FOR PROGRAM OPERATORS

Page 3 of 8

(Transitional Housing Misconduct)

TH-200

Steps to Take to Get a Court Order (continued)

2. Make copies. You will need at least five copies of each Transitional Housing Misconduct form: one for a

worksheet,the original to file with the court, a copy to be personally delivered (served) to the participant, and two

copies for yourself. You will need more than five copies of the OSC/TRO, the Order, and the Proof of Service form. In

additionto the five copies above, get one for each law enforcement agency you want to enforce your orders, and two

for yourself.

3. TRO. If you are requesting a TRO you must give details of the participant's misconduct or abuse, the problems it has

caused you, and why you need an order before a full hearing. Place an "X" in the box marked "To be ordered now and

to be effective until the hearing" under numbers 8, 9,10, 11, or 13 on the Petition.

4. Court clerk. Take all your completed forms and all copies to the clerk's office in the superior court. The clerk will tell

you where to take your papers and when to pay your filing fee, if required.

5. Court papers. If the judge signs the OSC/TRO, take the original and all copies back to the court clerk. The clerk will

stamp all the papers with a case number. The copies must include an "Endorsed-Filed" stamp (showing the date of

filing), the judge's signature, and the date of signing. The clerk will file the originals and give you the copies. KEEP

TWO ENDORSED-FILED COPIES FOR YOURSELF. Carry one with you and keep one in a safe place. You may

need one if you have to call the police.

6. Personal service. Have the participant personally served with copies of the Petition and the OSC/TRO, a blank copy

of the Response, two blank copies of form MC-031, a blank copy of the Proof of Personal Service, a copy of these

instructions, and a copy of all materials (affidavits and supporting memoranda) to be used in the hearing. On the OSC/

TRO you must fill in the box on the first page with the name, address, and phone number of the Legal Services Office

in the county in which the petition is filed.

You cannot serve the participant yourself. Service may be made by a licensed process server, the sheriff's

department, or any person 18 years of age or older, other than you or a program employee. The papers must be

delivered to the participant personally, and cannot be mailed or left at the participant's dwelling unit.

Service is very important. It tells the participant about the order and the hearing. Without it there will not bea court

hearing and your TRO will no longer be good unless it is extended by the court. The participant must bepersonally

served at least two days before the hearing.

7. Copy to the police. If you have requested a TRO and the judge has granted them, immediately deliver copies to

eachlaw enforcement agency (police, marshal, or sheriff's office) that you want to enforce the order.

8. After service. After the participant has been personally served, the person who served the participant must complete

and sign the original of the Proof of Personal Service form. Take the signed original and the copies back to the court

clerk. The clerk will file the original and stamp "Endorsed-Filed" on the copies. Deliver one Endorsed-Filed copy to

each law enforcement agency at which you filed your TRO. Keep two Endorsed-Filed copies for yourself.

9. Court hearing. Go to the court hearing with any evidence you have. Any witnesses to the participant's conduct also

should come to the hearing. The Order should be filled in and given to the judge for signing.

10. File the Order. If the judge signs the Order, file the original with the clerk, get the copies stamped with an "Endorsed-

Filed" stamp, and immediately deliver copies to law enforcement agencies.

If the participant was not present in court for the hearing, arrange to have the participant personally served with a copy

of the Order. File the completed Proof of Personal Service with the court and deliver copies stamped "Endorsed-Filed"

to law enforcement agencies. KEEP TWO COPIES FOR YOURSELF. Carry one with you and keep one in a safe

place.

11. Renewal. An Order will expire within one year, but you can apply for an extension. The law requires you to file for a

renewal by filing a new Petition any time within three months before the Order expires. Do not check the modification

box on the Petition when you file for renewal.

WHAT TO DO IF THE PARTICIPANT DISOBEYS THE ORDER

1. Reports. Report violations of the Order as soon as possible to your local law enforcement agency. Keep a written

record of the incidents and obtain copies of police reports concerning them.

2. Contempt of court. Violation of a restraining order is punishable by civil contempt of court. You must file a civil con-

tempt action in the same court that issued the restraining order. If the participant is in contempt of court, you can file

for a modification of the order (use form TH-100) and ask the court to order the participant to move out of the program

housing.

NOTE: See sample filled-in Petition on pages 5–8.

(Continued on reverse)

TH-200 [Rev. September 1, 2018]

INSTRUCTIONS FOR PROGRAM OPERATORS

Page 4 of 8

(Transitional Housing Misconduct)

TH-200

After this form is filed, the clerk

The county clerk will

The next four pages show a Petition that has

will stamp this box on the copies

give you this number.

been completed with examples of the kind of

so everyone knows it is a copy of

Use it on all forms you

an official paper. This is the place

file later.

information a court is likely to want.

for the "Endorsed--Filed" stamp.

If you are not represented

by an attorney, fill in your

name, mailing address,

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) :

FOR COURT USE ONLY

and phone number at the

Robert Hoe, Program Director

(123) 456-7890

Family First Transitional Housing Program

top of each form.

123 Front St., Suite 230

Big City, California 90135

County where you are

ATTORNEY FOR (Name):

In Pro. Per.

filing your case. Contact

ANY COUNTY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

the county clerk if you do

STREET ADDRESS:

100 Elm Street

not know the address.

MAILING ADDRESS:

P.O. Box 109

Anytown, California 91235

CITY AND ZIP CODE:

BRANCH NAME:

Your full name or the

Family First Transitional Housing

PROGRAM OPERATOR:

name of the organization

Program

requesting the orders.

Danny Doe

PARTICIPANT:

CASE NUMBER:

PETITION FOR ORDER PROHIBITING ABUSE

The full name of the per-

OR PROGRAM MISCONDUCT

son you want the orders

Application for Temporary Restraining Order

against.

Modification of Previous Order (date):

(THIS IS NOT AN ORDER)

Check this box if you are

• Read the Instructions for Program Operators before completing this form.

asking for orders to go

• You must have a copy served on the participant at least two days before the hearing.

into effect immediately

Jurisdiction. This suit is filed in this county because participant resides in this county.

when the TRO is signed

by the judge. You will also

Family First Transitional Housing Program

Program Operator (name):

need to check the boxes

operates a "transitional housing program" as defined in Health and Safety Code section 50582(g).

in 8-14 and give the

Governmental agency (specify):

Manager or operator

necessary information.

Private nonprofit corporation receiving program funds from a governmental agency.

Manager or operator

Department of Housing

The funding agency is (specify):

Put an X in the box that

Program site (specify street address, city, ZIP code):

applies in items 2 and 3.

Dwelling unit of participant (address optional):

200 Hill St., Apt. 16

Big City, California 90135

You must check one box

Other locations of the program (addresses):

in each of those items.

Name all the people you

Participant to

restrained or excluded is a "homeless person" dwelling at a "program site" as defined in Health and

want the judge to grant

SafetyCode section 50582 (name all to be restrained or excluded):

orders against. Only those

Age (if under 18)

Name

people named here will be

Danny Doe

restrained or excluded by

the orders.

Persons living with participant

participant's dwelling unit who are not to be restrained or excluded (name all below). If none,

Name any people here

check this box:

who live with the partici-

Name

Family relationship

Age (if under 18)

pant but should not have

Margaret Doe

wife

orders granted against

daughter

Denise Doe

5 years

them.

Participant has signed a contract with the program operator. The contract includes (attach a copy of the signed contract)

Be sure to attach a copy

a. Program rules and regulations.

b. A statement of program operator's right of control over and access to the program unit occupied by participant.

of the contract that was

c. A summary of the requirements and procedures of Health and Safety Code sections 50580-50591.

signed by the participant.

Page 1 of 4

(Continued on reverse)

Form Adopted by the

Civil Code, § 1954.13

PETITION FOR ORDER PROHIBITING ABUSE

Judicial Council of California

OR PROGRAM MISCONDUCT

TH-100 [Rev. September 1, 2018]

(Transitional Housing Misconduct)

(Continued on reverse)

TH-200 [Rev. September 1, 2018]

INSTRUCTIONS FOR PROGRAM OPERATORS

Page 5 of 8

(Transitional Housing Misconduct)

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