Form CH-130 "Civil Harassment Restraining Order After Hearing" - California

What Is Form CH-130?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on March 15, 2019;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form CH-130 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form CH-130 "Civil Harassment Restraining Order After Hearing" - California

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Civil Harassment Restraining
Clerk stamps date here when form is filed.
CH-130
Order After Hearing
Person in
1
must complete items
1
,
2
, and
3
only.
Protected Person
1
a.
Your Full Name:
Your Lawyer (if you have one for this case)
Name:
State Bar No.:
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
Fill 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.)
Address:
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Court fills in case number when form is filed.
Restrained Person
Case Number:
2
Full Name:
Description:
Sex:
M
F
Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
City:
State:
Zip:
Relationship to Protected Person:
Additional Protected Persons
3
In addition to the person named in
, the following family or household members of that person are protected by
1
the orders indicated below:
Sex
Age
Lives with you?
How are they related to you?
Full Name
No
Yes
Yes
No
No
Yes
Yes
No
Check here if there are additional persons. List them on an attached sheet of paper and write “Attachment 3—
Additional Protected Persons” as a title. You may use form MC-025, Attachment.
Expiration Date
4
This Order, except for any award of lawyer’s fees, expires at
a.m.
p.m.
midnight on
Time:
(date):
If no expiration date is written here, this Order expires three years from the date of issuance.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
CH-130,
Civil Harassment Restraining Order After Hearing
Page 1 of 6
Rev. March 15, 2019, Mandatory Form
Code of Civil Procedure, §§ 527.6 and 527.9
(CLETS-CHO)
Approved by DOJ
(Civil Harassment Prevention)
Civil Harassment Restraining
Clerk stamps date here when form is filed.
CH-130
Order After Hearing
Person in
1
must complete items
1
,
2
, and
3
only.
Protected Person
1
a.
Your Full Name:
Your Lawyer (if you have one for this case)
Name:
State Bar No.:
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
Fill 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.)
Address:
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Court fills in case number when form is filed.
Restrained Person
Case Number:
2
Full Name:
Description:
Sex:
M
F
Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
City:
State:
Zip:
Relationship to Protected Person:
Additional Protected Persons
3
In addition to the person named in
, the following family or household members of that person are protected by
1
the orders indicated below:
Sex
Age
Lives with you?
How are they related to you?
Full Name
No
Yes
Yes
No
No
Yes
Yes
No
Check here if there are additional persons. List them on an attached sheet of paper and write “Attachment 3—
Additional Protected Persons” as a title. You may use form MC-025, Attachment.
Expiration Date
4
This Order, except for any award of lawyer’s fees, expires at
a.m.
p.m.
midnight on
Time:
(date):
If no expiration date is written here, this Order expires three years from the date of issuance.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
CH-130,
Civil Harassment Restraining Order After Hearing
Page 1 of 6
Rev. March 15, 2019, Mandatory Form
Code of Civil Procedure, §§ 527.6 and 527.9
(CLETS-CHO)
Approved by DOJ
(Civil Harassment Prevention)
Case Number:
Hearing
5
a.
There was a hearing on
(date):
at (time):
in Dept.:
Room:
(Name of judicial officer):
made the orders at the hearing.
b.
These people were at the hearing:
(1)
The person in
.
(3)
The lawyer for the person in
(name):
1
1
(2)
The person in
.
(4)
2
The lawyer for the person in
2
(name):
Additional persons present are listed at the end of this Order on Attachment 5.
c.
The hearing is continued. The parties must return to court on (date):
at (time):
.
To the Person in
:
2
The court has granted the orders checked below. If you do not obey these orders, you can be arrested
and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both.
Personal Conduct Orders
6
a.
You must not do the following things to the person named in
1
and to the other protected persons listed in
:
3
(1)
Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse,
destroy personal property of, or disturb the peace of the person.
(2)
Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by
telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax,
or by other electronic means.
(3)
Take any action to obtain the person’s address or location. If this item (3) is not checked, the court has
found good cause not to make this order.
(4)
Other (specify):
Other personal conduct orders are attached at the end of this Order on Attachment 6a(4).
b.
Peaceful written contact through a lawyer or process server or other person for service of legal papers related to
a court case is allowed and does not violate this Order.
Stay-Away Orders
7
a. You must stay at least
yards away from (check all that apply):
(1)
The person in
.
1
(7)
The place of child care of the children of
the person in
.
1
(2)
Each person in
3
.
(3)
The home of the person in
.
1
(8)
The vehicle of the person in
1
.
(4)
The job or workplace of the person
(9)
Other (specify):
in
.
1
(5)
The school of the person in
1
.
(6)
The school of the children of the
person in
.
1
b.
This stay-away order does not prevent you from going to or from your home or place of employment.
This is a Court Order.
Rev. March 15, 2019
CH-130,
Civil Harassment Restraining Order After Hearing
Page 2 of 6
(CLETS-CHO)
(Civil Harassment Prevention)
Case Number:
No Guns or Other Firearms and Ammunition
8
a. You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns,
other firearms, or ammunition.
b.
If you have not already done so, you must:
Within 24 hours of being served with this Order, sell to or store with a licensed gun dealer, or turn in to a
law enforcement agency, any guns or other firearms in your immediate possession or control.
File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms
have been turned in, sold, or stored. (You may use form CH-800, Proof of Firearms Turned In, Sold, or
Stored, for the receipt.)
c.
The court has received information that you own or possess a firearm.
The court has made the necessary findings and applies the firearm relinquishment exemption under Code of
d.
2
Civil Procedure section 527.9(f). Under California law, the person in
is not required to relinquish this
firearm (specify make, model, and serial number of firearm(s)):
The firearm must be in his or her physical possession only during scheduled work hours and during travel to
and from his or her place of employment. Even if exempt under California law, the person in
may be
2
subject to federal prosecution for possessing or controlling a firearm.
Lawyer's Fees and Costs
9
The person in
must pay to the person in
the following amounts for
costs:
lawyer’s fees
Item
Amount
Item
Amount
$
$
$
$
Additional items and amounts are attached at the end of this Order on Attachment 9.
Possession and Protection of Animals
10
a.
The person in
is given the sole possession, care, and control of the animals listed below, which are
1
owned, possessed, leased, kept, or held by him or her, or reside in his or her household.
(Identify animals by, e.g., type, breed, name, color, sex.)
b.
The person in
must stay at least
yards away from, and not take, sell, transfer, encumber, conceal,
2
molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.
Other Orders
(specify):
11
Additional orders are attached at the end of this Order on Attachment 11.
This is a Court Order.
Rev. March 15, 2019
CH-130,
Civil Harassment Restraining Order After Hearing
Page 3 of 6
(CLETS-CHO)
(Civil Harassment Prevention)
Case Number:
To the Person in
:
1
Mandatory Entry of Order Into CARPOS Through CLETS
12
This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the
California Law Enforcement Telecommunications System (CLETS). (Check one):
a.
The clerk will enter this Order and its proof-of-service form into CARPOS.
b.
The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered
into CARPOS.
1
c.
By the close of business on the date that this Order is made, the person in
or his or her lawyer should
deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to
enter into CARPOS:
Name of Law Enforcement Agency
Address (City, State, Zip)
Additional law enforcement agencies are listed at the end of this Order on Attachment 12.
Service of Order on Restrained Person
13
a.
The person in
personally attended the hearing. No other proof of service is needed.
2
b.
The person in
did not attend the hearing.
2
(1)
Proof of service of form CH-110, Temporary Restraining Order, was presented to the court. The
judge’s orders in this form are the same as in form CH-110 except for the expiration date. The person in
2
must be served with this Order. Service may be by mail.
(2)
The judge’s orders in this form are different from the temporary restraining orders in form CH-110.
Someone—but not anyone in
or
—must personally serve a copy of this Order on the person
1
3
in
2
.
No Fee to Serve (Notify) Restrained Person
14
The sheriff or marshal will serve this Order without charge because:
a.
The Order is based on unlawful violence, a credible threat of violence, or stalking.
b.
The person in
is entitled to a fee waiver.
1
Number of pages attached to this Order, if any:
15
Date:
Judicial Officer
This is a Court Order.
Rev. March 15, 2019
CH-130,
Page 4 of 6
Civil Harassment Restraining Order After Hearing
(CLETS-CHO)
(Civil Harassment Prevention)
Case Number:
Warning and Notice to the Restrained Person in
:
2
You Cannot Have Guns or Firearms
Unless item 8d is checked, you cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get
guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You
must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that
you have or control as stated in item
above. The court will require you to prove that you did so.
8
Instructions for Law Enforcement
Enforcing the Restraining Order
This Order is enforceable by any law enforcement agency that has received the Order, is shown a copy of the Order, or
has verified its existence on the California Restraining and Protective Order System (CARPOS). If the law enforcement
agency has not received proof of service on the restrained person, and the restrained person was not present at the court
hearing, the agency must advise the restrained person of the terms of the Order and then must enforce it. Violations of
this Order are subject to criminal penalties.
Start Date and End Date of Orders
This Order starts on the date next to the judge’s signature on page 4 and ends on the expiration date in item
on page 1.
4
Arrest Required If Order Is Violated
If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed it, the
officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation
of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS.
Notice/Proof of Service
The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained
person “served” (given notice) if (Pen. Code, § 836(c)(2)):
The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or
The restrained person was at the restraining order hearing or was informed of the order by an officer.
An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on
the restrained person cannot be verified and the restrained person was not present at the court hearing, the agency must
advise the restrained person of the terms of the order and then enforce it.
If the Protected Person Contacts the Restrained Person
Even if the protected person invites or consents to contact with the restrained person, this Order remains in effect and
must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person.
The orders can be changed only by another court order. (Pen. Code, § 13710(b).)
This is a Court Order.
Rev. March 15, 2019
Civil Harassment Restraining Order After Hearing
CH-130,
Page 5 of 6
(CLETS-CHO)
(Civil Harassment Prevention)
Page of 6