Instructions for Form TH-210, TH-120 "Participant's Response to Petition for Order Prohibiting Abuse or Program Misconduct" - California

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TH-210
INSTRUCTIONS FOR PARTICIPANTS
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
participants on page three.
GENERAL INSTRUCTIONS
WHO CAN GET ORDERS PROHIBITING ABUSE OR MISCONDUCT?
Program operators can get orders. Program operators are individuals or organizations that run a transitional housing
program. The Transitional Housing Misconduct Act applies only if the housing program
(1)
is run by a government agency, a private nonprofit corporation that receives program funds from a 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;
includes regular individualized case management services;
(3)
provides a structured living environment and requires compliance with program rules; and
(4)
restricts the occupancy period to not less than 30 days but not more than 24 months.
(5)
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?
These orders apply to participants in transitional housing programs. A participant is someone who lives in housing run by
a program operator and who has a contract with the operator. The participant must have been homeless before entering
the 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
gettinghousing. The program operator can get orders only against a participant who has signed a contract that includes
(1)
the housing program's rules;
(2)
a statement of the program operator's right of control and access over the unit occupied by the 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 programsite.
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).
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. The
participant'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 housing program;
and
(Continued on reverse)
Page 1 of 6
Form Adopted for Mandatory Use
INSTRUCTIONS FOR PARTICIPANTS
Civil Code, § 1954.10 et seq.
www.courts.ca.gov
Judicial Council of California
(Transitional Housing Misconduct)
TH-210 [Rev. September 1, 2018]
TH-210
INSTRUCTIONS FOR PARTICIPANTS
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
participants on page three.
GENERAL INSTRUCTIONS
WHO CAN GET ORDERS PROHIBITING ABUSE OR MISCONDUCT?
Program operators can get orders. Program operators are individuals or organizations that run a transitional housing
program. The Transitional Housing Misconduct Act applies only if the housing program
(1)
is run by a government agency, a private nonprofit corporation that receives program funds from a 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;
includes regular individualized case management services;
(3)
provides a structured living environment and requires compliance with program rules; and
(4)
restricts the occupancy period to not less than 30 days but not more than 24 months.
(5)
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?
These orders apply to participants in transitional housing programs. A participant is someone who lives in housing run by
a program operator and who has a contract with the operator. The participant must have been homeless before entering
the 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
gettinghousing. The program operator can get orders only against a participant who has signed a contract that includes
(1)
the housing program's rules;
(2)
a statement of the program operator's right of control and access over the unit occupied by the 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 programsite.
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).
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. The
participant'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 housing program;
and
(Continued on reverse)
Page 1 of 6
Form Adopted for Mandatory Use
INSTRUCTIONS FOR PARTICIPANTS
Civil Code, § 1954.10 et seq.
www.courts.ca.gov
Judicial Council of California
(Transitional Housing Misconduct)
TH-210 [Rev. September 1, 2018]
TH-210
When Can The Courts Make Orders Prohibiting Abuse or Misconduct? continued
(3)
the conduct relates to
drunkenness, sale or use of drugs, theft, arson, or destruction of another person's property; or
(a)
(b)
violence or threats of violence directed at, and harassment of, immediate neighbors of the pro-
gram site, 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?
There are two kinds of orders a program operator can request--a Temporary Restraining Order ("TRO") 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.
(1)
A Temporary Restraining Order ("TRO") is issued by a judge after a request for a permanent order has been
filed, but before there has been a full hearing.
(2)
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 f 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
(1)
before applying for the TRO you told the participant or the participant's attorney when and where the application
would be made; or
(2)
you made a good-faith effort to tell the participant or the participant's attorney; or
(3)
you should not have to give notice because great harm would result to a program operator, participant, or
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 she
will set a date for the hearing on the permanent order (also called the Order After Hearing or "injunction"). A "permanent"
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 least two
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);
(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.
(Continued on next page)
TH-210 [Rev. September 1, 2018]
INSTRUCTIONS FOR PARTICIPANTS
Page 2 of 6
(Transitional Housing Misconduct)
TH-210
Order After Hearing continued
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
1.
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
2.
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.
2. 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.
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 PARTICIPANT
1. Legal advice. If you are served with an Order to Show Cause and Temporary Restraining Order ["OSC/TRO"] and a
Petition, you should seek legal advice right away. The OSC/TRO should list the name, address, and phone number of
the Legal Services Office in the county where the petition is filed. You may be able to get legal services by contacting
this office. If you do not have an attorney, you can also call the attorney's referral service of your local bar association
for help.
2. Read the Instructions. Whether or not you choose to talk to an attorney, you should read all of these instructions and
the other papers you have received.
3. Obey the Order. Read the papers served on you very carefully. The Petition tells you what orders the program opera-
tor is asking the court to make. The OSC/TRO tells you when to appear in court and may contain a temporary order
telling you that you cannot do certain things. YOU HAVE TO OBEY THE ORDER. IF YOU DO NOT OBEY THE
COURT'S ORDERS, CRIMINAL CHARGES MAY BE FILED AGAINST YOU. IF YOU ARE FOUND IN CONTEMPT
OF COURT FOR NOT FOLLOWING THE COURT'S ORDERS, THE COURT CAN CHANGE THE ORDERS TO
FORCE YOU TO MOVE OUTOF THE PROGRAM'S HOUSING.
4. Review the facts. Read the description of the facts on the Petition very carefully. This is where the program operator
tells the judge what he or she thinks happened. If you do not agree with the facts on the petition or you think it would
not be fair for the court to grant orders against you, GO TO THE HEARING. The place and time of the hearing are on
the first page of the form named "Order to Show Cause and Temporary Restraining Order."
5. Respond to the court. If you want to fight the petition you should file a Participant's Response. YOU DO NOT HAVE
TO PAY A FEE TO FILE THIS FORM. A blank copy of the Response should have been given to you with the OSC/
TRO.
(Continued on reverse)
TH-210 [Rev. September 1, 2018]
INSTRUCTIONS FOR PARTICIPANTS
Page 3 of 6
(Transitional Housing Misconduct)
TH-210
Instructions For The Participant continued
You can also file and serve statements signed by people who have personal knowledge of the facts. These are called
"declarations." You can type these declarations on form MC-031 and attach them to your Response. If you do not
know how to prepare a declaration, you should see an attorney.
6. Serve a copy on program operator. After you have filed the Participant's Response with the superior court clerk,
acopy must be delivered personally or by mail to the program operator or the program operator's attorney.
You cannot serve the program operator 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. The person should complete and sign a Proof of
Personal Service form. (A blank copy should have been given to you with the OSC/TRO.) You should take the
completed form back to the court clerk or bring it with you to the hearing.
7. Extensions. If you need more time to find an attorney or to prepare your Response, you must ask the judge for
acontinuance (extension) by the hearing date shown on the OSC/TRO.
8. Opposing the Petition. If you wish to fight the lawsuit, you should file a Participant's Response and also go to
thehearing. If you have any witnesses, they also must be present. If you do not attend the hearing, the court may
make "permanent" orders against you that will last up to one year. If you can't file and serve a Response (or find an
attor-ney who will), SHOW UP AT THE HEARING ANYWAY. At the hearing, explain your difficulties to the judge, and
ask to be allowed to tell your side of the case.
NOTE: See sample filled-in
Participant's Response on pages 5–6.
(Continued on next page)
TH-210 [Rev. September 1, 2018]
INSTRUCTIONS FOR PARTICIPANTS
Page 4 of 6
(Transitional Housing Misconduct)
TH-210
If you do not have an attorney, fill
You can find this number on the
in your name, mailing address,
In Pro. Per.
Make sure you copy boxes 2, 3, and 4 exactly as
front page of the OSC/TRO forms
and telephone number. If you
means you
they are on the OSC/TRO forms you got from the
that were given to you along with
have an attorney, the attorney
do not have
housing program.
this form. Find the box that says
will help you fill out this form. If
an attorney.
"Case Number" and copy that
you need help, call legal aid at
number exactly into this box.
the number on the form.
Do not fill in this box.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) :
FOR COURT USE ONLY
Danny Doe
(123) 456-7891
200 Hill St., Apt. 16
Address of the court
1.
Big City, California 90135
where you are filing your
response. If you are not
In Pro. Per.
ATTORNEY FOR (Name):
sure of the correct
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
200 Main Street
address, call the county
STREET ADDRESS:
P.O. Box 4000
MAILING ADDRESS:
2.
clerk.
Anytown, California 90134
CITY AND ZIP CODE:
BRANCH NAME:
PROGRAM OPERATOR:
Family First Transitional
Housing program name.
Housing Program
3.
PARTICIPANT:
Danny Doe
Your name.
PARTICIPANT'S RESPONSE
You can find the hearing
to Petition For Order Prohibiting Abuse or Program Misconduct
date, time, department
HEARING DATE
TIME
DEPT.
ROOM
CASE NUMBER:
4.
number, and room
4.
C-12345
July 3, 1992
10:00 a.m.
3
765
number on the first page
of the OSC/TRO forms
Each participant should file a separate response. (A family may file one response.)
you were given.
• If your printing is legible, you may handprint this form.
• Your response will be considered by the judge at the court hearing. No filing fee is required.
• You must still obey any orders already granted until the hearing.
• You have a right to ask the judge to postpone the hearing date.
• If you do not appear at the court hearing, the court may grant restraining orders against you that may last up
to one year.
Read the Petition, espe-
• Read the Instructions for Participants before competing this form.
cially item 7c, before you
answer.
I RESPOND to the Petition or Order Prohibiting Abuse or Misconduct as follows:
If you need additional space, attach form MC-031 (on the reverse side of MC-030). Also use form MC-031 for statements by witnesses.
Reference each part on form MC-031 by a number from this form.
Mark the box that applies
1.
DENIAL
X
to your case. Do not mark
a.
I deny doing all of the acts stated in item 7 of the petition.
both boxes a and b.
I deny doing some of the acts stated in item 7 of the petition. (Specify acts you deny doing):
b.
X
(Specify on attached form MC-031 if you need more room, and check this box:
)
If you marked box b, use
I did not yell loudly at my wife or disturb other
this space to explain
residents.
I did not hit my wife or try to push her down
which acts you did not do.
the stairs.
I did not threaten the night manager.
DENIAL OF PROGRAM MISCONDUCT
2.
X
a.
My acts, if any, did not substantially interfere with the orderly operation of the transitional housing program.
X
Mark each box that
My acts, if any, did not violate the rules and regulations of the transitional housing program (explain):
b.
applies to your case. You
Specify on attached form MC-031 if you need more room, and check this box:
)
can mark both boxes a
and b if they both apply.
If you need more space to write
your answer, mark this box and
If you marked box b, use
use a separate sheet of paper or
this space to explain why
form MC-031. Attach any extra
your acts did not violate
paper to this form.
the rules.
(Continued on reverse)
PARTICIPANT'S RESPONSE
Civil Code, § 1954.13(c)
Form Adopted by the
Judicial Council of California
(Transitional Housing Misconduct)
TH-120 [Rev. September 1, 2018]
(Continued on reverse)
TH-210 [Rev. September 1, 2018]
INSTRUCTIONS FOR PARTICIPANTS
Page 5 of 6
(Transitional Housing Misconduct)