Article Structure
The Restraining Order CH-100 form is a critical document for individuals seeking protection against civil harassment in California. This form is designed to formally request a civil harassment restraining order, which can offer vital legal protection from harassment or threats. Users are encouraged to review the accompanying informational guide, CH-100-INFO, before filling it out to ensure all necessary information is provided. The form requires personal details, including the name and age of the person seeking protection, their contact information, and the specifics of the individual from whom protection is sought. Additionally, it allows for the inclusion of other protected persons, including family or household members, along with a detailed explanation of why they require protection. The relationship between the parties involved, the reason for filing in a specific county, and any prior court cases also need to be documented. The form covers essential topics such as the description of the harassment experienced, the type of protective orders requested, and whether the person seeking protection has faced any threats involving firearms. Users can also request a temporary restraining order and specify the grounds for expedited service of notice. Finally, the form addresses the issue of filing fees, clarifying that no fees should be charged in cases involving violence or threats. When properly filled out, the CH-100 form serves as a formal request to the court for legal protection against harassment, aiming to help individuals feel safer in their daily lives.
Restraining Order Ch 100 Example
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Request for Civil Harassment |
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Restraining Orders |
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Read Can a Civil Harassment Restraining Order Help Me? (form
1Person Seeking Protection a. Your Full Name:
Age:
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 private, you may give a different mailing address instead. You do not have to give telephone, fax, or
Address:
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Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Court fills in case number when form is filed.
Case Number:
2Person From Whom Protection Is Sought
Full Name: |
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Address (if known): |
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3Additional Protected Persons
a. Are you asking for protection for any other family or household members? |
Yes |
No If yes, list them: |
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Full Name |
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Age Lives with you? How are they related to you? |
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Check here if there are more persons. Attach a sheet of paper and write “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
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2018, Mandatory Form Code of Civil Procedure, §§ 527.6 and 527.9
Request for Civil Harassment Restraining Orders |
(Civil Harassment Prevention)
Case Number:
4Relationship of Parties
How do you know the person in 2 ? (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
5Venue
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 2 in this county.
c.
Other (specify):
6Other Court Cases
a. Have you or any of the persons named in |
3 been involved in another court case with the person in 2 ? |
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Yes |
No (If yes, check each kind of case and indicate where and when each was filed.) |
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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
(6)
Eviction
(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 3 and the
person in 2 ? |
No |
Yes (If yes, attach a copy if you have one.) |
7Description of Harassment
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.
(1)When did it happen? (provide date or estimated date):
(2)Who else was there?
This is not a Court Order.
Revised January 1, 2018
Request for Civil Harassment Restraining Orders
(Civil Harassment Prevention)
Case Number:
7 a. (3) How did the person in 2 harass you? (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
(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
(5)Were you harmed or injured because of the harassment?
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
(6)Did the police come? 
Yes 
No
If yes, did they give you or the person in 2 |
an Emergency Protective Order? |
Yes |
No |
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If yes, the order protects (check all that apply): |
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Me |
The person in 2 |
The persons in 3 . |
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(Attach a copy of the order if you have one.) |
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b. Has the person in |
2 harassed you at other times? |
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Yes |
No |
(If yes, describe prior incidents and provide dates of harassment below): |
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Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form
This is not a Court Order.
Revised January 1, 2018
Request for Civil Harassment Restraining Orders
(Civil Harassment Prevention)
Case Number:
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Check the orders you want.
Personal Conduct Orders
I ask the court to order the person in 2 not to do any of the following things to me or to any person to be protected listed in 3 :
a. |
Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy |
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personal property of, or disturb the peace of the person. |
b. |
Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by |
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telephone, in writing, by public or private mail, by interoffice mail, by |
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other electronic means. |
c. |
Other (specify): |
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Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form
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.
a. I ask the court to order the person in 2 to stay at least |
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yards away from (check all that apply): |
(1) |
Me. |
(8) |
(2) |
The other persons listed in 3 . |
(9) |
(3)
My home.
(4)
My job or workplace.
(5)
My school.
(6)
My children’s school.
(7)
My children’s place of child care.
My vehicle.
Other (specify):
b. If the court orders the person in 2 to stay away from all the places listed above, will he or she still be able
to get to his or her home, school, or job? |
Yes |
No (If no, 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
10Guns or Other Firearms and Ammunition
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 2 will be prohibited from owning, possessing, purchasing, 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
Request for Civil Harassment Restraining Orders
(Civil Harassment Prevention)
Case Number:
11
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Temporary Restraining Order
I request that a Temporary Restraining Order (TRO) be issued against the person in 2 to last until the hearing. I am presenting form
Has the person in 2 been told that you were going to go to court to seek a TRO against him/her?
Yes |
No (If you answered no, 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
Request to Give Less Than Five Days' Notice of Hearing
You must have your papers personally served on the person in 2 at least five days before the hearing, unless the court orders a shorter time for service. (Form
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
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No Fee for Filing or Service |
a.
b.
c.
There should be no filing fee because the person in 2 has used or threatened to use violence against me, has stalked me, or has acted or spoken in some other way that makes me reasonably fear violence.
The sheriff or marshal should serve (notify) the person in 2 about the orders for free because my request for orders is based on unlawful violence, a credible threat of violence, or stalking.
There should be no filing fee and the sheriff or marshal should serve the person in 2 for free because I am entitled to a fee waiver. (You must complete and file form
14
Lawyer's Fees and Costs
I ask the court to order payment of my
The amounts requested are:
Item
lawyer’s fees
Amount
$
$
$
Court costs.
ItemAmount
$
$
$
Check here if there are more items. Put the items and amounts on the attached sheet of paper or form
This is not a Court Order.
Revised January 1, 2018
Request for Civil Harassment Restraining Orders
(Civil Harassment Prevention)
Case Number:
15
Possession and Protection of Animals
I ask the court to order the following:
a.
That I be given the sole possession, care, and control of the animals listed below, which I own, possess, lease, keep, or hold, or which reside in my household.
(Identify animals by, e.g., type, breed, name, color, sex.)
I request sole possession of the animals because (specify good cause for granting order):
Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form
b.
That the person in 2 must stay at least yards away from, and not take, sell, transfer, encumber,
conceal, molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.
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Additional Orders Requested
I ask the court to make the following additional orders (specify):
Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form
Number of pages attached to this form, if any:
Date:
Lawyer’s name (if any) |
Lawyer’s signature |
I declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct.
Date:
Type or print your name |
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Sign your name |
This is not a Court Order.
Revised January 1, 2018
Request for Civil Harassment Restraining Orders
(Civil Harassment Prevention)
Form Characteristics
| Fact Name | Description |
|---|---|
| Purpose | The CH-100 form is used to request a Civil Harassment Restraining Order in California, aimed at protecting individuals from harassment, stalking, and threats. |
| Filing Requirement | Individuals must file this form in the Superior Court of the county where the harassment occurred or where the person causing harm lives. |
| Protected Persons | In addition to the individual filing, the form allows for the inclusion of family or household members who also need protection. |
| Fees | No filing fee is required if the individual demonstrates that they are experiencing violence, threats of violence, or stalking. |
| Temporary Restraining Order | The applicant can request a temporary restraining order (TRO) to provide immediate protection until the court hearing. |
| Weapons Prohibition | If granted, the restraining order can prohibit the person from owning or possessing firearms during the order's duration. |
| Legal Basis | This form is governed by the California Code of Civil Procedure, primarily sections 527.6 and 527.9, which outline harassment and related protections. |
Guidelines on Utilizing Restraining Order Ch 100
Filling out the Restraining Order CH-100 form is an important step toward seeking protection. To ensure all sections are completed correctly, follow these detailed steps. Gather necessary information before starting, as some sections may require specific details.
- Begin by entering your full name and age in the section labeled "Person Seeking Protection."
- If you have a lawyer, include their name, state bar number, and firm name. Otherwise, leave this section blank.
- Fill in your address. If you wish to keep your address private, provide a different mailing address. Telephone, fax, and e-mail fields are optional.
- Enter the court name and street address at the top of the form as indicated.
- Leave the case number blank, as the court will fill that in when filed.
- In the section for "Person From Whom Protection Is Sought," provide their full name, age, and address if known.
- Next, address the "Additional Protected Persons" section, indicating if anyone else needs protection. If yes, list their names and details.
- Explain why the additional persons need protection in the specified area. If more space is needed, attach a separate sheet titled accordingly.
- Describe your relationship to the person you seek protection from.
- In the "Venue" section, check the reasons applicable for filing in that county.
- Answer whether you or others have been involved in any other court cases with the person from whom you are seeking protection.
- Complete the "Description of Harassment" section, detailing specific incidents, including dates and any witnesses present.
- Indicate whether weapons were involved and if you suffered any injuries. Attach additional sheets if needed.
- Select the orders you are requesting in the "Check the orders you want" section. Specify any personal conduct orders needed.
- If applicable, explain why you want a Temporary Restraining Order (TRO) and whether the other person has been notified about the court visit.
- In the section regarding notification, justify any request for less than five days' notice for the hearing.
- Check the boxes under "No Fee for Filing or Service" to indicate your situation and eligibility for fee waivers.
- If applicable, specify lawyer's fees and court costs, listing item amounts as necessary.
After completing all sections, review the form for accuracy. It is essential to provide truthful and complete answers to ensure the court can process your request effectively. Once finalized, the form should be filed with the court, either in person or by mail, as specified by your local court rules.
What You Should Know About This Form
What is the CH-100 form for?
The CH-100 form is a Request for Civil Harassment Restraining Orders. It is used when someone needs protection from harassment, stalking, or threats of violence from another person. The form allows individuals to request various types of protective orders from the court, helping to ensure personal safety for themselves and potentially for others who may be affected.
Who can file a CH-100 form?
Any individual who feels threatened or harassed by another person can file a CH-100 form. This includes those who have experienced direct harassment or violence. The person completing the form is referred to as the “protected person.” They can also include other family or household members who need protection.
What information is needed to complete the CH-100 form?
When filling out the CH-100 form, you will need to provide basic information about yourself and the person from whom you seek protection. This includes names, addresses, ages, and details about any incidents of harassment. Additionally, you should explain your relationship with the person you are seeking protection from and why you feel other family or household members also need protection.
How does the court decide whether to grant a restraining order?
The court will review the information provided in the CH-100 form to determine if there is sufficient evidence of harassment or threats. You must describe specific incidents of harassment, including dates, actions, and any witnesses. The court assesses whether the situation poses a significant risk to your safety or well-being before making a decision.
What happens after I file the CH-100 form?
Once the CH-100 form is filed, the court will schedule a hearing date. You may also request a Temporary Restraining Order (TRO) to provide immediate protection until the hearing. If granted, the TRO will remain in effect until the court makes a final decision regarding the full restraining order.
Are there any fees for filing the CH-100 form?
Typically, there should be no filing fee for the CH-100 form if the request is based on threats of violence or stalking. Additionally, the sheriff or marshal may serve the orders for free in these circumstances. If someone believes they qualify for a fee waiver, they must complete and file a separate application for the waiver.
Common mistakes
Filling out the Restraining Order CH 100 form can be daunting, and mistakes can lead to delays or dismissals. One common error is failing to read the accompanying instructions. The Request for Civil Harassment CH-100 form is just the start; the information sheet, CH-100-INFO, provides essential guidance that can help avoid pitfalls. Ignoring this document can cause applicants to miss critical points about their rights and the requirements for the form.
Another frequent mistake involves incomplete personal details. When filling in your information, ensure that every section is complete. Omitting your full name, age, or contact information can result in a rejection. Your lawyer's contact details should also be accurate if you have legal representation. Missing such details can slow down the process significantly or even invalidate your request.
Additionally, people often forget to provide sufficient information about the individual from whom they seek protection. Listing their full name, age, and last known address is vital for the court's understanding. A vague or incomplete description of the harasser can hinder the court's ability to process your request effectively.
Applicants commonly misjudge the importance of detailing all additional protected persons. If you seek protection for family or household members, you must list their names, ages, and relationships to you accurately. Without this, the court may disregard their need for protection, putting them at risk.
Furthermore, when explaining the harassment, many fail to provide specific details. A brief summary is often not enough. It's crucial to detail the incidents, including dates, context, and the impact on your life. This information helps the court understand the gravity of the situation. If you run out of space, use the provided attachments wisely.
Another mistake is neglecting to indicate all relationship types between you and the person from whom you're seeking protection. This section is vital in explaining the context of the harassment. An unclear relationship can lead the court to misunderstand your situation, which could be detrimental to your case.
Many applicants also forget to check all relevant boxes regarding prior court cases or existing protective orders. Not disclosing this information can create complications and may be seen as an attempt to hide pertinent history. Always provide complete transparency for a smoother process.
Misunderstandings regarding venue requirements are another common issue. Make sure to clearly state why you are filing in a specific county. This may include where the harassment occurred or the location of the harasser. Incorrect information can lead to jurisdictional challenges and possibly dismiss your request.
Finally, a significant oversight is neglecting to request a temporary restraining order (TRO) when immediate protection is necessary. Many individuals either don't ask for a TRO or fail to understand its importance in an urgent situation. Always evaluate your need for immediate protection, as doing so can significantly enhance your safety.
In summary, careful attention to detail is critical when completing the Restraining Order CH 100 form. By avoiding these common mistakes, individuals are more likely to navigate the process successfully and obtain the protection they need.
Documents used along the form
When filing a restraining order using the CH-100 form, several additional documents may need to be submitted. Each of these forms plays a crucial role in the legal process, either by supporting the request for protection or providing necessary information to the court. Below is a list of commonly used forms that accompany the CH-100.
- CLETS-001: Confidential CLETS Information - This form is essential for providing confidential information regarding the parties involved in the restraining order. It aids law enforcement in identifying the individuals in question and assists in the protection process.
- CH-110: Temporary Restraining Order - Often presented alongside the CH-100, this document requests immediate protection before a hearing can take place. It allows the court to grant temporary relief to the individual seeking protection until a more permanent decision is made.
- CH-200: Proof of Personal Service - This form serves as evidence that the respondent has been officially notified of the restraining order hearing. Proper service must be documented to ensure the process is legally valid and the respondent has the opportunity to appear in court.
- MC-025: Attachment - This attachment form provides additional space for explanations and details that may not fit on the CH-100 or any other associated forms. Clear and comprehensive detailing of the circumstances can be crucial in strengthening the case.
- FW-001: Application for Waiver of Court Fees and Costs - If the individual filing for a restraining order is facing financial hardship, this form can be submitted to request a fee waiver for filing and serving the documents related to the case.
- CH-120: Notice of Hearing - This document informs all parties involved of the date and time of the hearing. It ensures everyone is aware, allowing for proper attendance and participation in the legal proceedings.
Each of these forms is integral to the process of seeking a restraining order. It is essential to complete them accurately and submit them on time to ensure the court has all the necessary information for a fair hearing. Proper preparation and attention to detail can substantially influence the outcome of the petition for protection.
Similar forms
The CH-100 form, which is used to request Civil Harassment Restraining Orders, shares similarities with several other documents in the realm of protective orders. Below are four documents that contain similar elements or functions:
- Domestic Violence Restraining Order (DVRO): Like the CH-100, the DVRO is designed to provide protection from harassment or abuse. Both forms require detailed personal information about the individuals involved and a description of the incidents that led to the request for protection.
- Temporary Restraining Order (TRO): The TRO can be filed in conjunction with the CH-100 to provide immediate protection until a hearing can be held. Both documents require similar information regarding the relationship between the parties and the nature of the harassment.
- Emergency Protective Order (EPO): An EPO is an immediate, temporary order issued by a judge, often in cases of imminent danger. Both the EPO and CH-100 share the purpose of safeguarding individuals from harm and necessitate proof of past incidents or threats.
- Workplace Violence Restraining Order (WVRO): The WVRO addresses threats or acts of violence in a workplace setting. Much like the CH-100, this form discusses the relationship of parties and includes requests for protective measures to ensure safety.
Dos and Don'ts
When filling out the Restraining Order CH-100 form, consider the following dos and don’ts:
- Do read the instructions carefully before starting.
- Do provide complete and accurate information.
- Do keep your personal information confidential if needed.
- Do include any additional protected persons if applicable.
- Do attach necessary documents when there isn’t enough space on the form.
- Don’t leave any sections blank unless indicated as optional.
- Don’t use legal jargon; keep language simple and clear.
- Don’t exaggerate or provide misleading information.
- Don’t forget to file any required forms alongside the CH-100.
Misconceptions
The following list addresses seven common misconceptions regarding the Restraining Order CH-100 form, which is used to request civil harassment restraining orders in California:
- Restraining orders are always permanent. Many believe that once a restraining order is issued, it remains in effect indefinitely. In fact, restraining orders can be temporary or permanent, depending on the specifics of the case and the court's ruling.
- Anyone can file a restraining order. Some individuals think that anyone can initiate a restraining order against anyone else. Generally, the person seeking protection must have experienced harassment or threats from the individual named in the request.
- Restraining orders automatically guarantee protection. There is a misconception that obtaining a restraining order ensures complete safety. While a restraining order is a legal measure intended to provide protection, it relies on law enforcement and compliance from the restrained person.
- All harassment qualifies for a restraining order. Not all types of harassment meet the legal criteria for a restraining order. The harassment described must cause substantial emotional distress and typically involves repeated actions or threats of violence.
- Legal representation is mandatory for filing. Some people believe they cannot file a restraining order without a lawyer. However, individuals are permitted to represent themselves in court, although legal advice can be beneficial.
- The process is quick and straightforward. Many individuals assume that obtaining a restraining order is an easy and fast procedure. The application process can be complex and may require multiple forms and potentially a court hearing.
- Filing a restraining order will impact the restrained person’s criminal record. Some individuals think that a restraining order will automatically show up on the restrained person's criminal record. A restraining order is a civil matter and does not constitute a criminal offense unless violations occur.
Understanding these misconceptions can help individuals navigate the process of seeking protection through a civil harassment restraining order more effectively.
Key takeaways
Filling out the Restraining Order CH-100 form requires careful attention to detail. Here are key takeaways to guide you through the process:
- Understand the Purpose: This form is designed to request civil harassment restraining orders that can help protect you from harassment.
- Read Instructions First: Before completing the form, review the accompanying information form (CH-100-INFO) to comprehend the process and requirements.
- Provide Accurate Information: Fill in your complete details, including your name, address, and contact information. If you have a lawyer, include their information.
- List All Parties: Make sure to include not just yourself, but also any other individuals who require protection, along with details of their relationship to you.
- Details of Harassment: Be specific when describing the harassment incidents. Include dates, what happened, and whether any weapons were involved.
- Indicate the Court's Venue: Clearly state why you are filing in that particular county. This could be due to the residence of the harasser or the location of harassment incidents.
- No Filing Fees: Be aware that you typically do not have to pay a filing fee if you are a victim of harassment or violence. Certain costs may also be waived.
- Temporary Restraining Order (TRO): If immediate protection is required, make sure to request a TRO alongside your form for temporary relief until a hearing can occur.
- Follow Up: After submitting your form, it’s crucial to keep track of your case number and any court dates. Ensure you understand the process for notifying the other party appropriately.
By paying careful attention to these key points, you can effectively navigate the process of filling out and using the Restraining Order CH-100 form. Remember, it’s vital to provide comprehensive and truthful information to best support your case.
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