If someone is harassing, threatening, abusing, or stalking you, you can request a civil restraining order from the court. This court order applies if you seek protection from someone you do not have a close familial relationship with, for example, a neighbor, friend, roommate, acquaintance, or coworker. You can also file it against a second-degree family member who is harassing you, such as an uncle, aunt, nephew, niece, or cousin. This blog explains the process of applying for a civil restraining order. Most importantly, you want to seek guidance from a skilled restraining order lawyer before you kick off the process.

Gathering Compelling Evidence

Before you request a civil restraining order, start by collecting evidence that will help you strengthen your case. The evidence may include the following:

  • Witness testimony. Talk to witnesses to testify in your favor in court. Witnesses could be your family members, work colleagues, neighbors, friends, or bystanders. Their testimonies could be in person or in writing, describing the events they saw.
  • Printouts of threatening emails, texts, or voicemails, as well as photos of the injuries inflicted by the person from whom you seek protection.
  • Official accounts from past police involvement can also strengthen your case. They will help prove your harassment claims, providing a robust foundation for your pursuit of protection. Ensure you have copies of the police reports.
  • Medical reports. If the culprit inflicted injuries on you, make sure to obtain the medical report to support your case.
  • 911 calls. If you contacted the police, make sure to include the date, time, and caller's details.
  • If the culprit has an unresolved criminal case against them, it will show the D.A. also has evidence of their wrongdoing, which can help strengthen your request.

Filling Out The Necessary Forms

The second step in filing for a civil protective order is to inform the court regarding the threats, harm, harassment, or stalking you have experienced and the kind of protection you need. You do so by completing the necessary court forms, which often take an hour or two. In the forms, explain why you require protection. You will have to complete at least five forms to request a protective order. The primary form you will need to fill out is CH-100, Request for Civil Harassment Restraining Orders. In this form, you will inform the judge:

  • The reasons for your requesting a protective order (explain what the culprit did)
  • The orders you require to be imposed against the culprit
  • If you require protection immediately

Writing about violence can stir so many emotions or upset you. You can request somebody you trust to assist you in completing the forms. Other forms you must complete are:

  • CLETS-001, Confidential CLETS Information. The details herein will help law enforcement enforce your protective order. Judges do not utilize the information herein, and restrained parties are not sent a copy either. Mandatory spaces you need to fill in are marked. If you lack some of the perpetrator’s details, do not worry. Provide as many as you know.
  • CH-110, Temporary Restraining Order. You require CH-110 if you wish the court to grant immediate protection. You are required to complete items one, two, and three. The court then fills out the other parts, although in certain courts, you might have to indicate the orders you wish the court to impose. Ask your lawyer for assistance if you are unsure.
  • CM-010, Civil Case Cover Sheet. This form informs the court of essential information regarding the kind of case you have filed. Some courts do not need it. Ask your respective court if you are unsure.
  • CH-109, Notice of Court Hearing. You will only complete parts one and two of this form. The court will complete the remaining parts. This form notifies you of the hearing location, time, and date.

You could download these forms or fill them out online. Note that any information you include on the forms will be public. If you include any sensitive information regarding a minor, the person seeking protection is a minor, or your witness is a child, you can request that the court keep the information confidential. That means the general public will not be able to access it. The details you may want to keep private include the minor's address, name, or accusations involving them. You can talk to your lawyer to help you make your request.

After completing the necessary forms, check to see whether the court requires you to complete any local application forms. Some courts require applicants to complete some local forms when requesting a civil restraining order. Usually, the local form mandated by the courts will require you to answer questions about whether the filer informed the alleged harasser that they were requesting a court order. Ask your court clerk to see whether you are required to fill out local forms.

Once you have completed and signed all the forms, make two copies of each. You will need them, along with the original copy, when filing in court.

Pay the Necessary Fee or Check Whether You Qualify for a Waiver

To request a civil protective order, you might be required to pay a filing charge that ranges from $435 to 450. If the person from whom you seek protection has stalked you, threatened you with violence, or been violent toward you, you will not have to pay filing fees. Make sure to include this information on your form CH-100 and select the appropriate boxes. If the presiding judge agrees that your case involves violence, threats, or stalking, you will not pay any filing fee or the sheriff to serve the papers.

If the person you seek protection from did not stalk, threaten, or use violence against you, and you cannot raise the required fee, you can seek a waiver. The requirements for qualifying for a waiver include being low-income, receiving government benefits, or being unable to afford the charge, but still being able to meet your essential needs. To apply for a waiver, you need to check the boxes next to items 13 and 13(c) on your form CH-100. You will also need to complete two additional forms: FW-003, Order on Request to Waive Fees, and FW-001, Request to Waive Fees.

After making the necessary payments, you will file your papers in court. Ensure you file them with the superior court in your county of residence.

Serving the Papers to the Alleged Perpetrator

After filing your papers in court, the court will schedule a court date and share it with you. Once you know the court date, somebody must serve copies of the restraining order request to the alleged harasser. Generally, you can have a marshal, sheriff, or another peace officer serve the papers for you free of charge in numerous instances. Alternatively, you can select somebody else to take the papers on your behalf. Serving the alleged perpetrator lets them know you filed a case against them, what their next steps are, and how they should behave if the court has granted a TRO.

To request a peace officer to take the paperwork, you must know the restrained person's address. If the individual is in county jail, you can deliver the papers to the sheriff. Prison staff will serve the party if they are in a California state prison.

If you prefer not to send a marshal, sheriff, or any other peace officer, someone else can serve the papers for you. The individual you choose to serve the papers must be at least eighteen years old and uninvolved in your case (for example, they must not be a witness or protected person). You could also retain a qualified process server.

It is essential to serve the person against whom you seek protection as early as possible. After serving them, law enforcement may arrest them if they break the conditions of the order. In addition, the service grants the judge the authority to issue a permanent order of protection. If you do not serve the request papers properly, the judge only has the power to grant a TRO.

Service may take more than one attempt. If you have not successfully served by the time of the scheduled court hearing, the judge may allow you more days to do so. Your case will proceed only after you have served the restrained party, whether or not the judge granted a TRO.

How to Serve Your Papers

Serving the papers to the restrained party follows a certain procedure as explained below:

  • Select the Party You Want for the Service

If you want the sheriff or marshal to serve the papers, complete form SER-001, Request for Sheriff to Serve Court Papers. Using this form, request that the sheriff issue your restraining order papers to the restrained party. The sheriff then serves the party at the provided address. If there are several addresses, such as work and home, list all of the ones you know and include the time the party comes at each.

If it is another peace officer you wish to issue the papers to (apart from a marshal or sheriff), ask them how they handle it. Ask for the forms they require and any other details they need. Reach out to the peace officer's office at your earliest convenience. It might take a few weeks before they successfully serve the petition.

  • Gather Your Support Documents

Ensure you have the papers ready to provide to the party doing the service. These include forms CH-100, CH-109, CH-110, CH-120, CH-250, and CH-120-INFO. Examine CH-109, Page 2, to see whether the judge requires you to serve additional forms.

Give the Paperwork to the Service Party

You could send the paperwork to the service party electronically or present it in person. You could also send someone to drop the papers off on your behalf. Contact the office of the marshal, sheriff, or peace officer to learn how they want you to submit the papers.

  • Pay the Necessary Fee

You need not pay a service charge if the service party is serving forms CH-110, CH-130, or a court-issued restraining order. You also do not need to pay the service fee if you qualify for a waiver or if no service fee was indicated on the CH-110 form you received back from the court. Otherwise, the sheriff might charge you a $50 service fee.

  • Retrieve the Papers From the Service Party

Once the service party has served the papers, they will provide you with paperwork detailing the event. In case of successful service, the party that served the papers will complete a proof of service form. The form serves as evidence to the judge that the harasser received the papers successfully, allowing the case to move forward.

If the paperwork was not served, the marshal, sheriff, or peace officer may issue you a Declaration of Due Diligence, indicating the times and dates they attempted to serve the restrained party. If you have not received the papers back before the deadline, follow up with the person you asked to serve them. If your papers were not served, you may have to request the court to grant you a new date for the hearing.

Alternatively, if the service party could not find the person, the judge may permit you to serve in another way, such as by mail. However, before they can do that, you must prove to them that you tried to locate the person. Note down all the ways you attempted to locate the person.

Once you receive your paperwork, ensure you file the original Declaration of Due Diligence or Proof of Service in court. Carry a copy of either of these documents to the hearing.

Note that you cannot serve the restraining order papers yourself. You must have one of the mentioned parties serve them on your behalf.

The Court Hearing

Once you have served your restraining order request, the next step will be the hearing for the judge to determine whether to issue a permanent restraining order. In preparation for your court date, collect the necessary witnesses and evidence. These will help you demonstrate your case. The evidence you can look for includes photographs of injuries and property damage, as well as emails and text messages.

Make three copies of the documents you wish the judge to review. One copy remains with you, one for the restrained party, and one goes into your court file. If you wish to submit an audio or video recording as evidence, check whether the court may need you to accompany it with a transcript. If there are witnesses in your favor, tell them to appear at the hearing. Ensure they understand where and when to go.

It may help if you plan and note down what you wish to tell the judge. If necessary, you can read from the notes in court. Concentrate on the details and facts supporting your story. If the restrained party serves you any papers, ensure you review them to know what they want and the arguments they will present during the hearing. The court will grant you a chance to challenge the restrained party's arguments.

Usually, during the hearing, the court requests the person seeking the protective order to speak first. Regardless of who speaks first, both sides will have the opportunity to speak. Participating in the proceedings can be stressful and challenging, but it is essential not to interrupt or talk over others. If you wish to say something but it is not yet your turn, allow the person who has the floor to finish first, then seek the judge's permission to speak. Promptly request an interpreter if you do not speak English. Request an accommodation if you have a disability.

Submitting your case before a judge means explaining the facts supporting it. At the end of the hearing, the judge will decide whether to deny or grant a permanent protective order. They might ask you to come back another day if they think you need more time or information.

Finishing the Case

Should the judge deny your restraining order request after the hearing, it will be the end of your application process. If the judge grants your request and issues a restraining order (CH-130), you must fill out a form for the judge to sign. Review the protective order to see whether the judge requires you to serve the restrained party (check item 17 of the order).

Always keep a copy of the restraining order with you. Give a copy to anybody you want to be aware of the protective order, such as your school or employer.

Find an Experienced Restraining Order Attorney Near Me

Filing a civil restraining order in California can be challenging due to the several requirements under the law. However, when you work with a skilled restraining order attorney, navigating the process becomes easier. The lawyer can guide you, provide tailored advice, help collect solid evidence, and present your case convincingly in court. A lawyer can enhance the chances of your civil restraining order request receiving approval.

If you seek to file a civil restraining order in Los Angeles, we at Goldman Flores Restraining Order Law Firm can help you. We have extensive experience in all restraining order matters, including helping victims of abuse request one from the courts. Call us at 213-341-4087 for a cost-free initial consultation.