Filing For A Restraining Order in California: Complete Guide
Filing restraining order in California is a sad reality of the modern civil rights of US citizens. You may need a restraining order from a stalker or an ex-spouse. You might need it to protect your loved ones. It is essential to know the main steps that are involved in filing a request for a restraining order.
A restraining order in California:
Here is the complete process of filing a request for a restraining order that we have laid out for your convenience.
STEP 1: List Of The Forms You Will Need To Fill And File
These are the forms you will need to submit to the civil court when you are filing for a restraining order in California.
the Request for Civil Harassment Restraining Orders- Form CH-100
Confidential CLETS Information- Form CLETS-001.
Items 1 and 2 on Notice of Court Hearing- Form CH-109.
Items 1, 2, and 3 on Temporary Restraining Order (CLETS -TCH)- Form CH-110.
Civil Case cover Sheet- Form CM-010, its optional check if you need it.
Form MC-020- Additional Pages usually needed to explain your case thoroughly.
Declaration () or Attached Declaration for witness support- Form MC-030- if you have any.
Here are a few things you should remember about submitting these forms.
Always make five copies of every form you submit.
Courts usually have Self Help centers; take your forms to any of these centers, and make sure that you have filled out your form accurately.
Some courts also have local forms, so meet the clerk of your local court and make sure that you have filled out all the necessary arrangements to be submitted.
The person who is being restrained reviews all the forms you submit. Please do not write your address or any other details that you do not want them to read.
STEP2: File Your Court Forms With The Court
When you submit your documents to the clerk, the judge will make the ruling in one business day. Ask the clerk when you should come back for the verdict. Following are the possibilities in terms of a judge's judgment for your application:
He could approve your Form CH-110 form that is the Temporary Restraining Order (CELTS- TCH).
Make sure that you know what changes the judge made to the order you requested.
Form CH-109- Notice of Hearing is the court hearing notice that the judge has issued for your case. Your restraining order is only valid until the date written on the Notice. If by that date, you still need restraining, then you should go to the court hearing and get a permanent restraining order.
In case you feel that your court order is missing any clauses, you can appear on your court hearing and ask the judge to grant them in your permanent restraining order.
Now you will file the issues court order with the court clerk. You will have to pay a small fee if there is any need, but most of the time, these restraining orders are filed free of charge. Make copies of your restraining order, keep one for yourself, and distribute others in your workplace, to your neighbors and any other relevant person.
STEP 3: “Serve” Your Papers On The Restrained Person
You are responsible for serving the restraining order in California to the restrained person. You have to inform the person being restrained before the deadline. The judge has written on page one of Form CH-109. You can ask another person to serve the restraining orders. But the following forms (blank) has to be given to the restrained person along with the restraining order.Form CH-120- Response to Request for Civil Harassment Restraining Orders. Form CH-800- Proof of Firearms Turned In, Sold, or Stored. Form CH-120-INFO- How Can I Respond to a Request for Civil Harassment Restraining Orders?
Once you have served the restraining order, you have to file Form CH-200- Proof of Personal Service. You will make five copies of the Proof of Personal Service. The court clerk will keep the original form and stamp the photocopies ‘Filed'; so that they can be proof of the filling. Bring one copy to the court and keep one copy with you at all times.
STEP 4: Get Ready And Go To Your Court Hearing
If you want a permanent restraining order in California, then take two copies of any evidence of abuse that you have against the person. That could include witness testimony, photos, online conversations, and other similar artifacts. It would help if you announced to the court clerk that you are present in the court by the moment you step in.
It is advised that you come in as early as possible and watch other proceedings so that you have a good understanding of how these proceedings usually go.
STEP 5: After The Court Hearing
Right after your court hearing, you will file Form CH-130- Civil Harassment Restraining Order after Hearing (CLETS – CHO) that will state the ruling judge has passed of your case. The judge will sign your form, and then the clerk will take over further proceedings.
You will also fill the Form CLETS-001- Confidential CLETS Information that will be submitted to the court so that your record can be present in the statewide directory. If the accused is not available in the court, then you must serve the permanent restraining order to the accused once again.
Filling a restraining order in California is an exceptionally complex matter and can go the wrong way unless you have the right attorneys present by your side. The number of documents and filling procedures that go into a restraining order filling is a mile-long list. That is why we would like to present ourselves as your attorneys while you take on this complicated ordeal. We will be thorough and make sure that the process goes smoothly for you. Get in touch with MAV Law Corp today, and we will get started!