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Civil Harassment Restraining Order

General Information

A Civil Harassment Restraining Order is a court order designed to protect a person from harassment, threats, stalking, abuse, or other harmful behavior by someone who is not a close family or household member

A civil harassment restraining order (CHRO) is against someone you are not closely related to or someone you have not had an intimate relationship with.  This includes a neighbor, a landlord, co-worker, and more distant relatives like an aunt/uncle or niece/nephew.

A civil harassment restraining order can be granted against someone who has:

  • harassed, threatened, or harmed you physically or emotionally, or
  • stalked you, and
  • done these things anywhere, including online.

If you need a restraining order against someone you've dated or had an intimate relationship with, like a spouse or a partner, or a relative like a child, parent, or sibling, there are other types of restraining orders you can request.  Contact the Self-Help Resource Center for information on which restraining may be appropriate for your situation.

Instructions on how to complete the forms to obtain a CHRO are provided below.  In addition, you may complete these forms at LawHelp Interactive, which is a free resource that assists litigants with completing legal forms through a series of guided interview questions.  For details, visit:  https://lawhelpinteractive.org/Interview/GenerateInterview/5772/engine

Before filling out the forms, read form CH-100-INFO, “Can a Civil Harassment Restraining Order Help Me?”, which provides an overview on civil harassment restraining orders.

Instructions

CH-100, Request for Civil Harassment Restraining Orders

  • Item 1:  Enter your name, age, and address where you can reliably receive mail.
    • Protect your address:  This document must be served on the restrained party.  If you don’t want them to know where you live, use a P.O. Box or another person’s address instead of your home address.
  • Item 2:  Enter the restrained party’s name and address.
  • Item 3:  If you are asking the court to protect your children, family, or other household members, list them at 3(a) and explain why they need protection at 3(b).
  • Item 4:  Explain how you know the restrained party.
  • Item 5:  Mark the boxes indicating why you are filing in Tulare County.
  • Item 6:  At 6(a), provide details of any court cases you have with the restrained party, including county, year filed, and case number.  At 6(b), indicate whether any restraining orders are in place.  If so, attach a copy.
  • Item 7:  Describe how the restrained party has harassed you.
  • Item 8:  Complete if requesting personal conduct orders.
  • Item 9:  Complete if requesting stay-away orders, and whether such orders will allow the restrained party to get to their home, school, or job.  
  • Item 10: Indicate whether the restrained party has any firearms or ammunition.  Use the chart to provide a description, quantity, and location, if known.
  • Item 11:  Mark the box that you are submitting form CH-110, Temporary Restraining Order (see below), to request that a TRO is issued that will last until the initial hearing.  In addition, indicate whether you told the restrained party that you would seek a TRO.  If not, explain why.
  • Item 12:  Complete if requesting that the restrained party is served less than five days before the hearing.  If so, explain why shorter service is needed.
  • Item 13:  Mark (a) and/or (b) if the restrained party has threatened to use violence against you or has acted in a way that makes you reasonably fear violence.
    • Mark (c) if you are submitting form FW-001, Request to Waive Court Fees (see below).
  • Item 14:  Complete if requesting reimbursement for attorney’s fees or court costs.
  • Item 15:  Complete if requesting possession and protection of animals.
  • Item 16:  Complete if requesting other orders.
    • Note:  Move-away orders are not granted with CHROs.
  • Item 17:  Enter the number of additional pages you’ve attached.
    • Attach a copy of your Emergency Protective Order, if one has been granted.
  • Middle of Page 7:  Date, print your name, and sign.

CH-109, Notice of Court Hearing

  • Complete Items 1 and 2 only.  The court will complete the rest of the form.

CH-110, Temporary Restraining Order

  • Complete Items 1, 2, and 3 only.  The court will complete the rest of the form.

CLETS-001, Confidential Information for Law Enforcement

  • Enter information about you, the restrained party, and the other people you want to be protected under the restraining order.

Now that you’ve completed your forms, make two copies of form CH-100, Request for Civil Harassment Restraining Orders, along with any attachments.  Bring originals and copies to the Clerk of Court, located at Room 201 of the Visalia Courthouse, or the filing windows at the South County Justice Center in Porterville.

Filing Fee:  There may be a fee for filing these forms.  There is no fee if you’ve indicated at Item 13 of form CH-100 that the restrained party has used or threatened to use violence against you, or has acted in a way that makes you reasonably fear violence.  If this situation does not apply and you cannot pay the filing fee, ask the Clerk of Court for a Fee Waiver Packet, which includes form FW-001, Request to Waive Court Fees, and form FW-003, Order on Court Fee Waiver (Superior Court).  Complete these forms, make one copy of each, and present them at the time of filing.

The Court Clerk will file the forms, send them to the judge for review, and give you back copies of form CH-100.  The judge will carefully consider your request and will grant a temporary restraining order if it appears necessary to keep you safe until the hearing, which will be set approximately three weeks from the filing date.  After the court makes a decision, the clerk will call to let you know your paperwork may be picked up.  You will receive copies of form CH-109, Notice of Court Hearing and certified copies of form CH-110, Temporary Restraining Order.

Temporary Restraining Order:  To see if the court granted or denied your request for a TRO, carefully review Item 4 on form CH-109, and all of form CH-110.  If temporary orders were granted, they will remain in effect until the initial hearing.

After you get your forms back from the court, have someone serve a copy of your documents on the restrained party at least 5 calendar days before the hearing (or the amount of time listed on form CH-109).  The server must be at least 18 years old and not a protected person.  For more information on service, read form CH-200-INFO, What is “Proof of Personal Service”?

The restrained party must be served copies of the following forms that you filed:

  • CH-100, Request for Civil Harassment Restraining Orders (with any attachments)
  • CH-109, Notice of Court Hearing
  • CH-110, Temporary Restraining Order

The restrained party must also be served the following blank forms:

(The other party does not need to be served with your Fee Waiver forms)​​​​

Service through the Sheriff:  If the court has marked either (a) or (b) at Item 14 of form CH-110, Temporary Restraining Order, the Sheriff can serve the documents at no charge.  Provide two copies of each document you want the Sheriff to serve.  The Sheriff’s Civil Division is located at Room 102 of the Visalia Courthouse.  Be sure to check with their office to determine whether service was successful, and if the Proof of Service has been filed (see Step 4 below). 

After service, the server must complete form CH-200, Proof of Personal Service, stating what documents were served, and when and where the service took place.  The server will date, print, and sign at the bottom.  Make one copy and bring to the Clerk of Court for filing.  The Clerk will keep the original and give you back a filed copy for your records.  A filed Proof of Service tells the court that the restrained party received the forms and was notified of the court date.  If there is no filed Proof of Service, the court may not be able to make orders at the hearing.

Your court date is listed on Item 3 of form CH-109, Notice of Hearing.  At the hearing, the court will either grant or deny your request for a restraining order, or set a further “contested” hearing where both parties can bring evidence to support their position.  If a further hearing is set and a TRO was granted, the court may extend the TRO until the next court date.

If a restraining order is granted, it will be prepared on form CH-130, Civil Harassment Restraining Order After Hearing.  Read this carefully to understand the orders the court made, whether the restrained party must be served with the CH-130, how the restraining order may be enforced, and the consequences for violating the restraining order.