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?
1.
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.
2.
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,
3.
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
4.
other than yourself, and not an employee of the program.
WHAT FORMS ARE AVAILABLE FOR OBTAINING OR OPPOSING AN ORDER?
1.
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
2.
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.
3.
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.
4.
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.
5.
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
1.
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,
a.
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.
b.
Fill in the name of the county where the action will be filed and the address of the superior court.
c.
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.
d.
Be specific.
e.
You can type any witness statements (called affidavits or declarations) on form MC-031 and attach the form to
your Petition.
f.
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
X
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
1.
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
2.
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
a.
Governmental agency (specify):
Manager or operator
necessary information.
X
b.
Private nonprofit corporation receiving program funds from a governmental agency.
Manager or operator
X
Department of Housing
The funding agency is (specify):
Put an X in the box that
3.
Program site (specify street address, city, ZIP code):
applies in items 2 and 3.
a.
X
Dwelling unit of participant (address optional):
200 Hill St., Apt. 16
Big City, California 90135
You must check one box
b.
Other locations of the program (addresses):
in each of those items.
Name all the people you
4.
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.
5.
Persons living with participant
participant's dwelling unit who are not to be restrained or excluded (name all below). If none,
h
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)
6.
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)