San Francisco Superior Court County of San Francisco Civil Harassment — Temporary Restraining Orders Civil Harassment forms are used only when you have no relationship to the person that you are attempting to restrain. If there is a family relationship (relative), or if you have ever dated the respondent, then your petition may be considered Domestic Violence and different forms should be filed in the Family Law department in Room 402. This packet contains the following forms to get started: * Can a Civil Harassment Restraining Order Help Me? (CH-100-INFO, 3 pgs) © Request for Civil Harassment Restraining Orders (CH-100, 6 pgs) (Fill out all applicable items) Confidential CLETS Information (CLETS-001, 1 pg) (Fill out all applicable items) Notice of Court Hearing (CH-109, 3 pgs) (Fill out items 1 and 2) © Temporary Restraining Order (CH-110, 5 pgs) (Fill out items 1, 2, and 3) Complete the four forms as specified above. Print clearly in blue or black ink. Make two copies of the completed Request for Civil Harassment Restraining Orders (CH-100). Staple the originals (and copies) of each using the page number guide at the bottom of each form. Then take the completed forms and the copies to the Civil Harassment Window #1 (unless otherwise specified) in Room 103 of the Civic Center Courthouse. If your forms are properly filled out, the clerk will instruct you on when to return to pick- up your Temporary Restraining Order. The clerk at the window cannot help you fill out your forms, if you need help, the ACCESS Center can show you how to fill out these forms, explain the filing process, and help you prepare for court. They are located in Room 509 of the Civic Center Courthouse. For more information about Civil Harassments, please visit the Court's website at: www.sfeuperiorcourt.org and go to Court Divisions 7 Civil Divisions Civil Harassment Temporary Restraining Orders or www.courts.ca.gov/selfhelp ® Abuse & Harassmentfe] see's \|20) Can a Civil Harassment Restraining Order Help Me? ‘These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer. What is a civil harassment restraining order? It is a court order that helps protect people from harassment. Can I get a civil harassment restraining order? You can ask for one if you are worried about your safety because someone: + Isharassing you + Isstalking you * Has committed acts of violence against you, or + Has threatened you with violence How will the order help me? The court can order a person to: + Not harass or threaten you + Not contact or go near you, and + Not have a gun You can also ask for protection for people who live. with you and family members. In acivil harassment case, the court cannot: + Order a person to move out of your residence + Order a person to pay child support to you + Make orders for custody and visitation Ifyou need these orders, you should proceed under the Domestic Violence Protection Act. File Form DV-100. The court also cannot + Order a person to pay money that he or she owes you + Order someone to move out of rental property that you own + Order someone to stop creating a nuisance that doesn't involve harassment If you need these remedies, you must file a civil action. How much does it cost? ‘That depends on the type of harassment, Ifthe restrained person has used or threatened to use violence against you or has stalked you, you do not have to pay a filing fee; otherwise, you must pay the fee, Ifyou cannot afford to pay the filing fee, ask the clerk how to apply for a fee waiver, Form FW-001 is available for this purpose. Ifthe order is based on prior acts of violence, a credible threat of violence, or stalking, you are entitled to free service of the order by a sheriff or marshal. Also, if you are eligible fora fee waiver, you can ask the sheriff or ‘marshal to serve the order for free. Ifyou are not eligible for free service, you may pay the sheriff or marshal to serve the order. What forms do I need to get the order? You must fill out all of Form CH-100, Request for Civil Harassment Restraining Orders, and Form CLETS-001, Confidential CLETS Information. If you need attachments, you may use Form MC-025, You must also fill out items 1 and 2 on Form CH-109, Notice of Court Hearing, and items 1, 2, and 3 on Form CH-110, Temporary Restraining Order (CLETS). Where can | get these forms? ‘You can get the forms from legal publishers or on the Internet at www. courts.ca.gov. You also may be able to find them at your local courthouse or county law library What do I need to do to get the order? ‘You must go to the superior court in the county where the harassment took place or the person to be restrained lives. At the court, ask where you should file your request fora civil harassment restraining order. (A self= help center or legal aid association may be able to assist you in filing your request.) ‘At the court, give your forms to the clerk of the court. The clerk will give you a hearing date on the Notice of Court Hearing form, and if your request for immediate orders is granted, a copy of the Temporary Restraining Order signed. by a judicial officer. otony 424 Oster eon ste alana oot $278 Can a Civil Harassment Restraining Order Help Me? (Civil Harassment Prevention) > (CH-100.INFO, Page 1 013(ore we) Can a Civil Harassment Restraining Order Help Me? How soon can I get the order? Ifyou ask for a temporary restraining order, the court will decide within 24 hours whether or not to make the order. Sometimes the court decides sooner. Ask whether ‘you should wait or come back later to get the signed ‘Notice of Court Hearing and Temporary Restraining Order. How long does the order last? Ifthe court makes a temporary order, it will last until your hearing date, At that time, the court will decide to ‘continue or cancel the order. The order could last for up to five years, How will the person to be restrained know about the order? Someone age 18 of older—not you or anyone else to be protected by the order—must “serve” (give) the person, to be restrained a copy of the order. The server must then fill out Form CH-200, Proof of Personal Service, and ive it to you to file with the court. For help with service, ask the court clerk for Form CH-200-INFO, What Is “Proof of Personal Service? What if the restrained person does not obey the order? Call the police. The restrained person can be arrested and charged with a erime. Do I have to go to court? Yes. Go to court on the date the clerk gives you. Do I need to bring a witness to the court hearing? Witnesses are not required, but it helps to have more proof of the harassment than just your word. You can + Witnesses * Written statements from witnesses made under oath + Photos * Medical or police reports, + Damaged property + Threatening letters, e-mails, or telephone messages The court may or may not let witnesses speak at the hearing. So, if possible, you should bring their written statements under oath to the hearing, (You can use Form MC-030, Declaration, for this). DoT need a lawyer? Having a lawyer is always a good idea, but it is not required and you are not entitled ta free court- ‘appointed attorney. Ask the court clerk about free and low-cost legal services and self-help centers in your county. Will | see the restrained person at the court hearing? If the person comes to the hearing, yes. But that person does not have the right to speak to you. If you are afraid, tell the cour officer. Can | bring someone with me to court? Yes. You can bring someone to sit with you during the hearing. But that person cannot speak for you in court. Only you or your lawyer (if you have one) can speak for you. Towra Can a Civil Harassment Restraining Order Help Me? (CH-AOOANFO, Page 2013 {Civil Harassment Prevention) >PETE ge) Can a Civil Harassment Restraining Order Help Me? What if | am deaf or hard of hearing? Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at east five days before the nearing. Contact the clerk’s office or go to www. courts.ca.goviforms for Request for Accommodations by Persons with Disabilities and Response (Form MC-410) (Civ.Code, § $4.8.) For help in your area, contact: [Local information may be inserted.] What if | don’t speak English? ‘When you file your papers, ask the clerk ifa court interpreter is available. You may have to pay a fee for the interpreter. If an interpreter is not available for your court date, you should ask someone who isnot listed as a person to be protected on your Request and who is over age 18 to interpret for you . Can | agree with the restrained person to cancel the order? No. Once the orders issued, only the judge can change ‘or cancel it. You or the restrained person would have to file a request with the court to cancel the order. Can a Civil Harassment Restrai ing Order Help Me? CH-1004NFO, Page 3 of3 (Civil Harassment Prevention)