Form CH-100 Request for Civil Harassment Restraining Orders - California

Form CH-100 or the "Request For Civil Harassment Restraining Orders" is a form issued by the California Courts.

The form was last revised in January 1, 2018 and is available for digital filing. Download an up-to-date Form CH-100 in PDF-format down below or look it up on the California Courts Forms website.

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Clerk stamps date here when form is filed.
Request for Civil Harassment
CH-100
Restraining Orders
Read Can a Civil Harassment Restraining Order Help Me? (form CH-100-
INFO) before completing this form. Also fill out Confidential CLETS
Information (form CLETS-001) with as much information as you know.
Person Seeking Protection
1
a. Your Full Name:
Age:
Your Lawyer (if you have one for this case)
Fill in court name and street address:
Name:
State Bar No.:
Superior Court of California, County of
Firm Name:
b. Your Address (If you have a lawyer, give your lawyer’s
information. If you 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.)
Address:
Court fills in case number when form is filed.
Case Number:
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Person From Whom Protection Is Sought
2
Full Name:
Age:
Address (if known):
City:
State:
Zip:
Additional Protected Persons
3
Yes
No
a. Are you asking for protection for any other family or household members?
If yes, list them:
Full Name
Sex
Age
Lives with you? How are they related to you?
Yes
No
Yes
No
Yes
No
Yes
No
Check here if there are more persons. Attach a sheet of paper and write “Attachment 3a—Additional Protected
Persons” for a title. You may use form MC-025, Attachment.
b. Why do these people need protection? (Explain below):
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 3b—Why Others Need Protection” for a title.
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov
CH-100,
Page 1 of 6
Request for Civil Harassment Restraining Orders
Revised January 1, 2018, Mandatory Form
(Civil Harassment Prevention)
Code of Civil Procedure, §§ 527.6 and 527.9
Clerk stamps date here when form is filed.
Request for Civil Harassment
CH-100
Restraining Orders
Read Can a Civil Harassment Restraining Order Help Me? (form CH-100-
INFO) before completing this form. Also fill out Confidential CLETS
Information (form CLETS-001) with as much information as you know.
Person Seeking Protection
1
a. Your Full Name:
Age:
Your Lawyer (if you have one for this case)
Fill in court name and street address:
Name:
State Bar No.:
Superior Court of California, County of
Firm Name:
b. Your Address (If you have a lawyer, give your lawyer’s
information. If you 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.)
Address:
Court fills in case number when form is filed.
Case Number:
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Person From Whom Protection Is Sought
2
Full Name:
Age:
Address (if known):
City:
State:
Zip:
Additional Protected Persons
3
Yes
No
a. Are you asking for protection for any other family or household members?
If yes, list them:
Full Name
Sex
Age
Lives with you? How are they related to you?
Yes
No
Yes
No
Yes
No
Yes
No
Check here if there are more persons. Attach a sheet of paper and write “Attachment 3a—Additional Protected
Persons” for a title. You may use form MC-025, Attachment.
b. Why do these people need protection? (Explain below):
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 3b—Why Others Need Protection” for a title.
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov
CH-100,
Page 1 of 6
Request for Civil Harassment Restraining Orders
Revised January 1, 2018, Mandatory Form
(Civil Harassment Prevention)
Code of Civil Procedure, §§ 527.6 and 527.9
Case Number:
Relationship of Parties
4
How do you know the person in
? (Explain below):
2
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 4—Relationship of Parties” for a title.
Venue
5
Why are you filing in this county? (Check all that apply):
a.
The person in
2
lives in this county.
b.
I was harassed by the person in
in this county.
2
c.
Other (specify):
Other Court Cases
6
a. Have you or any of the persons named in
3
been involved in another court case with the person in
2
?
Yes
No
(If yes, check each kind of case and indicate where and when each was filed.)
Kind of Case
Filed in (County/State)
Year Filed Case Number (if known)
(1)
Civil Harassment
(2)
Domestic Violence
(3)
Divorce, Nullity, Legal Separation
(4)
Paternity, Parentage, Child Custody
(5)
Elder or Dependent Adult Abuse
Eviction
(6)
(7)
Guardianship
(8)
Workplace Violence
(9)
Small Claims
(10)
Criminal
(11)
Other (specify):
b. Are there now any protective or restraining orders in effect relating to you or any of the persons in
and the
3
person in
2
?
No
Yes
(If yes, attach a copy if you have one.)
Description of Harassment
7
Harassment means violence or threats of violence against you, or a course of conduct that seriously alarmed,
annoyed, or harassed you and caused you substantial emotional distress. A course of conduct is more than one act.
a. Tell the court about the last time the person in
2
harassed you.
When did it happen? (provide date or estimated date):
(1)
(2)
Who else was there?
This is not a Court Order.
Revised January 1, 2018
CH-100,
Page 2 of 6
Request for Civil Harassment Restraining Orders
(Civil Harassment Prevention)
Case Number:
a.
(3)
How did the person in
2
harass you? (Explain below):
7
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 7a(3)—Describe Harassment” for a title.
(4)
Did the person in
2
use or threaten to use a gun or any other weapon?
Yes
No
(If yes, explain below):
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 7a(4)—Use of Weapons” for a title.
(5)
Were you harmed or injured because of the harassment?
(If yes, explain below):
No
Yes
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 7a(5)—Harm or Injury” for a title.
(6)
Did the police come?
Yes
No
If yes, did they give you or the person in
2
an Emergency Protective Order?
Yes
No
If yes, the order protects (check all that apply):
The person in
The persons in
Me
2
3 .
(Attach a copy of the order if you have one.)
b. Has the person in
harassed you at other times?
2
Yes
No
(If yes, describe prior incidents and provide dates of harassment below):
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 7b—Previous Harassment” for a title.
This is not a Court Order.
Revised January 1, 2018
CH-100,
Request for Civil Harassment Restraining Orders
Page 3 of 6
(Civil Harassment Prevention)
Case Number:
þ
Check the orders you want.
Personal Conduct Orders
8
I ask the court to order the person in
not to do any of the following things to me or to any person to be
2
protected listed in
3
:
Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy
a.
personal property of, or disturb the peace of the person.
Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by
b.
telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by
other electronic means.
c.
Other (specify):
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 8c—Other Personal Conduct Orders,” for a
title.
The person in
2
will be ordered not to take any action to get the addresses or locations of any protected person
unless the court finds good cause not to make the order.
Stay-Away Orders
9
a.
I ask the court to order the person in
2
to stay at least
yards away from (check all that apply):
(1)
Me.
(8)
My vehicle.
(2)
The other persons listed in
3
.
(9)
Other (specify):
(3)
My home.
(4)
My job or workplace.
(5)
My school.
(6)
My children’s school.
(7)
My children’s place of child care.
b.
If the court orders the person in
to stay away from all the places listed above, will he or she still be able
2
Yes
No
(If no, explain below):
to get to his or her home, school, or job?
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 9b—Stay-Away Orders,” for a title.
Guns or Other Firearms and Ammunition
10
Does the person in
2
own or possess any guns or other firearms?
Yes
No
I don’t know
If the judge grants a protective order, the person in
will be prohibited from owning, possessing, purchasing,
2
receiving, or attempting to purchase or receive a gun, other firearm, and ammunition while the protective order
is in effect. The person in
2
will also be ordered to turn in to law enforcement, or sell to or store with a
licensed gun dealer, any guns or firearms within his or her immediate possession or control.
This is not a Court Order.
Revised January 1, 2018
CH-100,
Request for Civil Harassment Restraining Orders
Page 4 of 6
(Civil Harassment Prevention)
Case Number:
11
Temporary Restraining Order
I request that a Temporary Restraining Order (TRO) be issued against the person in
to last until the hearing. I
2
am presenting form CH-110, Temporary Restraining Order, for the court’s signature together with this Request.
Has the person in
been told that you were going to go to court to seek a TRO against him/her?
2
(If you answered no, explain why below):
Yes
No
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 11—Temporary Restraining Order” for a title.
Request to Give Less Than Five Days' Notice of Hearing
12
You must have your papers personally served on the person in
at least five days before the hearing, unless the
2
court orders a shorter time for service. (Form CH-200-INFO explains What Is “Proof of Personal Service”? Form
CH-200, Proof of Personal Service, may be used to show the court that the papers have been served.)
If you want there to be fewer than five days between service and the hearing, explain why below:
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 12—Request to Give Less Than Five Days’ Notice” for a title.
No Fee for Filing or Service
13
a.
There should be no filing fee because the person in
has used or threatened to use violence against me,
2
has stalked me, or has acted or spoken in some other way that makes me reasonably fear violence.
b.
The sheriff or marshal should serve (notify) the person in
about the orders for free because my request
2
for orders is based on unlawful violence, a credible threat of violence, or stalking.
c.
There should be no filing fee and the sheriff or marshal should serve the person in
for free because I
2
am entitled to a fee waiver. (You must complete and file form FW-001, Application for Waiver of Court
Fees and Costs .)
Lawyer's Fees and Costs
14
I ask the court to order payment of my
lawyer’s fees
Court costs.
The amounts requested are:
Item
Amount
Item
Amount
$
$
$
$
$
$
Check here if there are more items. Put the items and amounts on the attached sheet of paper or form
MC-025 and write “Attachment 14—Lawyer’s Fees and Costs” for a title.
This is not a Court Order.
Revised January 1, 2018
CH-100,
Request for Civil Harassment Restraining Orders
Page 5 of 6
(Civil Harassment Prevention)

Download Form CH-100 Request for Civil Harassment Restraining Orders - California

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