Restraining Orders - Civil harassment


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What is a Civil Harassment Restraining Order?

It is a court order that helps protect people from harassment. Civil Harassment Restraining Orders are different from Family Law Domestic Violence Restraining Orders in that the person harassing is not for people who have dated or who are closely related. A person may seek protection if you are worried about your safety because you are being:

  • stalked
  • harassed
  • sexually assaulted
  • threatened
  • or there have been acts of violence against you

by someone with whom you do not have an intimate or familial relationship with, such as a neighbor or roommate, great-grand parent, great-grand child, niece/nephew, aunt/uncle, cousin, classmate, etc.

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What forms do I need?

Complete a Request for Civil Harassment Restraining Orders (CH-100) and make three copies.  A Confidential CLETS Information (CLETS-001) form, the Notice of the Court Hearing (CH-109), and the Temporary Restraining Order (CH-110) should also be completed, but you do not need to make copies of these completed forms before filing. 

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Where do I file my forms?

Present completed forms and copies to the new filings clerk in Room 103 of the Civic Center Courthouse.

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How Do I schedule a virtual appearance?

Present a completed Dept. 514 Zoom Appearance form to the subsequent filing clerk in room 103 at 400 McAllister Street.

 

What if I need an interpreter?

If you will need an interpreter at your Restraining Order Hearing, tell the clerk in Room 103 when you file your restraining order forms so that one may be arranged for you. 

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Is there a filing fee?

If you (Protected Person) allege no violence in the petition, there will be a filing fee (please see the Statewide fee schedule for current fees) or you may qualify for a fee waiver.

If petitioner alleges violence in the petition, there will be no filing fee, however if your request is denied by the Judge, you will be expected to pay the filing fee upon pick up of your order.

Judicial Council Forms to apply for a fee waiver:

When will I get my order?

If you file your petition before 10 a.m., you may pick-up your restraining order the same day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.

If you file your petition after 10 a.m., you may pick-up your restraining order the next court day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.

Please pick up your order promptly to allow enough time to have the defendant(s) served with the Temporary Restraining Order and Notice of Court Hearing. 

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How do I get the other party served?

You can choose one of three ways to serve the defendant:

You can go through the Sheriff’s Department (located in City Hall, Room 456 on the 4th Floor), or any law enforcement officer. 

There is a fee unless you have a granted fee waiver to go through the Sheriff’s Department.

Any person who is at least 18 years old and is not a party to the action can serve the defendant on your behalf. Make sure the person fills out the Proof or Personal Service (CH-200)

Hire a process server. You can find one online by searching in a web brower for "process server." Make sure you get the completed Proof of Service form from the process server.

A Proof of Service must be completed and signed by the person who serves the other party. You must file the Proof of Service in Room 103 and bring a copy to your court hearing.

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What if I can't get the restraining order served in time for the hearing?

There are two ways you can continue your court date on your Civil Harassment case.

  • If you were not able to serve the defendant, you will need to request the Court to reissue the temporary restraining order. This request is made by completing the Request to Continue Court Hearing (CH-115) and the Order on Request to Continue Hearing (CH-116). The forms must be completed and filed along with a copy of your prior Temporary Restraining Order (CH-110), a minimum of two days before the date of your scheduled hearing. 
  • You also may orally request a continuance in Court during your hearing. If your request for continuance is granted, the Judge will sign an Order on Request to Continue Hearing (CH-116) form and set a new hearing date.

Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date.

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Where can I find someone to help me?

The ACCESS Center can show you how to fill out the forms you will need, explain the filing process, and help you prepare for Court.

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