Goldman Flores Restraining Order Law Firm - (Blog) Filing a Civil Restraining Order in California

California law provides particular protections to individuals to help them lead their lives free from harassment and abuse. The main legal instrument to achieve this is the protective or restraining order. Different restraining orders exist, including a civil harassment restraining order (CHRO).

If you are facing abuse, harassment, or threats, you need to take the important step of seeking a CHRO to safeguard yourself. This blog explains how you can obtain one. Even though the process of requesting one may be challenging, knowing the primary steps involved will help you know what to expect. Above all, you want help and guidance from an experienced restraining order attorney.

What Is a Civil Harassment Restraining Order?

A CHRO is a court order against a person you do not have a close relationship with or with whom you have not been in a romantic relationship. This may include a co-worker, landlord, neighbor, or acquaintance. You can seek this court order against any of the above-defined parties if they stalk, harass, threaten, or harm you physically or emotionally.

This court order protects against:

  • Unlawful violence, like battery or assault. A battery is when someone uses force against you. Assault, on the other hand,  is when a person tries to inflict a violent injury against you.
  • Repeated acts that severely harass, annoy, or alarm you and which serve no valid purpose and make you extremely emotionally distressed (upset). These acts include making harassing phone calls, sending harassing emails, or following you.
  • Credible threats of violence:  These are actions or statements that reasonably make you fear for your safety or the safety of your immediate family members
  • Stalking: This is when a person repeatedly harasses or follows you, intending to make you reasonably fear for your safety or the safety of your immediate family.

A civil harassment restraining order can protect you, your family members, and your pets. Once the judge grants this order, law enforcement officers can be ordered to enforce it. The court order can include these forms of orders:

  • Not stalk, threaten, harm, or harass parties the order protects
  • No contact 
  • Cannot have or own ammunition, body armor, or firearms
  • Keep a particular distance from the protected parties

In all the above cases, you must prove the culprit’s actions have inflicted harm or credible fears of harm.  Should the judge find enough evidence, they may grant a permanent or temporary order to safeguard you. CHROs differ from DVROs (domestic violence restraining orders). DVROs apply to cases where the culprit is an intimate partner or close family member.

Filing a CHRO necessitates documenting the harassing party’s conduct and demonstrating how it has inflicted distress or harm. The judge will then examine the presented evidence to establish whether the case warrants legal protection.

How to File a Civil Harassment Restraining Order

The following is a step-by-step guide to filing a CHRO. The entire process often lasts a few weeks, though it can last a few months based on the intricacy of your case.

  1. Gathering Evidence

The initial step in filing a CHRO is collecting compelling evidence supporting your case. Examples of the pieces of evidence you will require include:

  • Testimony: have testimonies from witnesses. These could be family members, neighbors, co-workers, or bystanders. The testimonies can be in writing or person during the court hearing, describing the incidents witnessed.
  • Medical reports: ensure you have documented any injuries, treatments, or medical emergencies resulting from the harasser's violence
  • Police reports: Ensure you have copies of any police reports you filed against the harasser. These substantiate your harassment claims, providing a solid foundation for requiring protection.
  • Messages: Print out messages, transcripts of voicemails, or emails of threatening content
  • 911 calls: For every call, document the time, date, and caller and callee details
  • Photos: Gather photos of damage, injuries, or violence the harasser inflicted
  • A pending criminal case: if there is an ongoing criminal case, it shows the prosecution also found evidence of the crimes (stalking), harassment, or abuse and thus supports your claim.

  1. Completing The Relevant Court Forms

After collecting evidence, your next step will be to complete the forms specific to requesting a CHRO. These forms will require you to describe the threat, harm, stalking, or harassment you suffered. The main form you must file is the CH-100 Request for Civil Harassment Orders. This form requires you to inform the court:

  • Why you require a CHRO (what the individual you seek protection from did to you)
  • The kind of orders you wish the court to impose
  • If you wish to have protection immediately

Then, there are supporting forms you must also file. Some of them include:

  • CH-109 Notice of Court Hearing: The court completes this form and sends it to you after you file your petition. It informs you of the location, time, and date of your court hearing related to your petition. You only have to fill out sections one and two once you receive the form.
  • CM-010 Civil Cover Sheet: This is necessary if you are filing a new civil-related case. The form gives the court fundamental details about the kind of case you are filing.
  • CLETS-001 Confidential CLETS Information: The details you put hereon will assist the police in enforcing your CHRO. The judge will not utilize this information, and the harasser will not receive a copy of the form. Some details are mandatory. You might not have or know all the details about the harasser but include as much information as you recall.
  • CH-110 Temporary Restraining Order: You require form CH-110 if you seek immediate protection. The court fills out most parts of it. You only have to fill out items one and two.

You can find the complete forms you need to file, plus other documents, at your local superior court or the California Courts website. Even though most courts use these forms, some utilize modified versions of the forms, and it is essential to use them. If the party needing protection is below 18, you could request to keep their details private.

Check whether there are local forms you must fill out. Some local county courts provide additional forms they need petitioners to complete. The most prevalent local form will contain questions regarding whether you have informed the harasser you are seeking a protective order.

Complete these forms correctly, giving specific information about the incident of harassment, times, dates, and available witnesses. Accuracy is essential since mistakes may cause delays or jeopardize your request for CHRO. After completing and signing all the necessary forms, make two copies. You will need these two copies and the originals when filing your petition with the court.

  1. Filing the Court Forms With the Court

After filling out the forms, submit them to the courthouse. Include two copies of the same forms. You will file them with the Superior Court in your county or residence. You may need to pay a filing fee between $435 and $450. However, if you are claiming violence, threats of violence, or stalking, you need not pay filing fees. The same is true if you cannot afford the charges.

After filing, a court clerk reviews the paperwork to see whether it is complete and feeds it into the court’s database. The filing initiates a formal petition to be protected against threats and harassment.

  1. Serving of Your Petition to the Harasser

After filing the court forms, a judge will set up a hearing. Once you receive a date for the court hearing, you must send somebody to give a copy of the petition to the party from which you seek protection. This is known as serving papers.

A marshal or sheriff can do it on your behalf. However, you could choose somebody else to take the paperwork for you. You cannot serve the papers yourself. The person you select to serve the paperwork must be 18 years old and not a party to the case. Serving the petition enables the harassing party to know a case has been filed against them. That way, they will know what they can and cannot do next. 

To request the marshal or sheriff to serve the petition, you must know the location or address of the restraining party. If the party is locked up in county jail, the sheriff or marshal can give them the papers. If they are in state prison, the prison staff will serve the papers, not the sheriff.

The sooner you serve the party you seek protection from, the better. After they receive the paper, law enforcement officers can place them under arrest for breaching the court order. Serving the petition is also essential since it will allow the court judge to consider issuing a permanent restraining order. The judge can only issue a temporary protective order if you fail to serve the papers. Completing this fourth step can be challenging and may take several tries. The court can allow you some more time should you require it.

  1. Attending the Hearing

When the hearing date comes, you must show up. The judge in charge will give your side and that of the harasser an opportunity to present your cases. Usually, judges request the petitioner to speak first. Regardless of who speaks first, you both will have an opportunity. When you have the floor, give your testimony and present evidence. Explain to the court the facts supporting your case. You can also call witnesses to testify in your favor. This may feel overwhelming and scary, but it is crucial when requesting a CHRO.

Once both sides have presented their story, the judge will carefully examine the testimony and evidence. Then, they will decide whether to deny or grant the order. This decision is usually made on the same day of the hearing. Should the judge feel that more time or information is necessary, the judge might request that you return another day.

  • Should the judge deny your restraining order request, the case will end
  • Should the judge grant the order, you will then complete other steps. These include filling out a form (CH-130) and giving it to the judge to sign. The restrained party must comply with the order they imposed. Failure to which they could be subject to jail time, a fine, or other consequences.

Helpful Tips for Filing a Successful CHRO

Filing a CHRO can be an emotional and intricate process. However, the process can become more straightforward and successful with the right support and information. If you wish to file a CHRO, here are some tips to help you:

  • File the papers in the right place: File the paperwork with the superior court in your county of residence. There are many courthouses where you can file your papers. It is, therefore, crucial to go to the right one.
  • Prepare for the hearing: The court will schedule a hearing after you file your paperwork, during which the judge will require you to present evidence and make your case. You want to be ready for this hearing to concisely and clearly explain why you seek protection. Also, prepare to respond to the questions the judge might have and to present further evidence or information if need be.
  • Consult an attorney: An attorney’s guidance can help you navigate this process. They can:
  • Assist you in understanding the legal process,
  • Counsel you on your legal options,
  • Help collect evidence and
  • Assist you in preparing and filing the order
  • Help argue your case convincingly in court, significantly influencing the outcome in your favor

Find a Skilled Civil Harassment Restraining Order Near Me

The nuances and complexities of filing a CHRO highlight the significant value of skilled legal guidance. At Goldman Flores Restraining Order Law Firm, we specialize in navigating such intricate processes, providing clients throughout California with the needed expertise to ensure their cases are handled properly and effectively.

Our knowledgeable CHRO lawyers understand the complexities of the state's legal system and those involved in requesting a CHRO. They will help you navigate every filing step, ensuring you present your case efficiently. Even more, they will protect your legal rights and best interests. We can also help if someone seeks to file or has filed a CHRO against you. Call us now at 213-341-4087 to share your case and learn more about how we can help you.