smartpdfforms.com
Homepage ⇒ Blank Ch 130 PDF Template
Navigation

Navigating through the complexities of legal forms and processes can sometimes feel overwhelming, especially when one's safety and well-being are in question. One crucial document that comes into play in many scenarios involving personal protection is the Civil Harassment Restraining Order, known in the legal world as Form CH-130. This form serves as a court order issued after a hearing, designed to protect individuals from being harassed, threatened, stalked, or physically harmed by another person. The form requires detailed information about the protected person, including their name, address, and details about their lawyer, if they have one. Similarly, it demands comprehensive information about the restrained person, including their physical description and relationship to the protected individual. Additionally, the form outlines specific orders issued by the court, such as personal conduct orders preventing the restrained person from engaging in certain behaviors, stay-away orders specifying the distance the restrained person must keep from the protected person, and even rulings related to the possession and control of firearms. Importantly, the form specifies the expiration of the restraining order, details about the hearing, and mandates for the restrained person, including the prohibition of owning firearms. The essence of Form CH-130 lies not just in its function as a legal document, but in its role as a tool of empowerment and protection for those facing serious threats or harmful actions from others.

Preview - Ch 130 Form

 

Civil Harassment Restraining

CH-130

Order After Hearing

 

 

Person in 1 must complete items 1 , 2 , and 3 only.

1Protected Person a. Your Full Name:

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 e-mail.)

Address:

City:

 

State:

 

Zip:

 

Telephone:

 

Fax:

 

 

 

 

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

E-Mail Address:

2Restrained Person

Full Name: Description:

Court fills in case number when form is filed.

Case Number:

Sex:

M

F Height:

 

 

Weight:

 

 

 

Date of Birth:

 

 

Hair Color:

 

 

 

Eye Color:

 

 

Age:

 

Race:

 

 

Home Address (if known):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

 

 

 

 

 

 

State:

 

 

 

Zip:

 

 

Relationship to Protected Person:

3 Additional Protected Persons

In addition to the person named in 1 , the following family or household members of that person are protected by the orders indicated below:

Full Name

Sex

Age Lives with you? How are they related to you?

Yes

No

Yes No

Check here if there are additional persons. List them on an attached sheet of paper and write “Attachment 3— Additional Protected Persons” as a title. You may use form MC-025, Attachment.

4Expiration Date

This Order, except for any award of lawyer’s fees, expires at

Time:

 

a.m.

✖

p.m. midnight on (date):

If no expiration date is written here, this Order expires three years from the date of issuance.

This is 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 Approved by DOJ

Civil Harassment Restraining Order After Hearing

(CLETS-CHO)

CH-130, Page 1 of 6

(Civil Harassment Prevention)

Case Number:

5Hearing

a. There was a hearing on (date):

 

 

at (time):

 

 

 

 

in Dept.:

 

Room:

 

 

(Name of judicial officer):

 

 

 

 

 

 

 

made the orders at the hearing.

 

b. These people were at the hearing:

 

 

 

 

 

 

 

 

 

 

 

 

(1)

The person in

1 .

(3)

 

The lawyer for the person in

1

(name):

 

 

 

 

 

(2)

The person in

2 .

(4)

 

The lawyer for the person in

2

(name):

 

 

 

 

 

 

Additional persons present are listed at the end of this Order on Attachment 5.

 

 

 

c.

The hearing is continued. The parties must return to court on (date):

 

at (time):

.

 

 

 

 

 

 

 

 

To the Person in 2 :

 

 

 

 

 

 

 

 

 

 

 

 

The court has granted the orders checked below. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both.

6

7

Personal Conduct Orders

a. You must not do the following things to the person named in 1

and to the other protected persons listed in 3 :

(1) Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of the person.

(2) Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electronic means.

(3) Take any action to obtain the person’s address or location. If this item (3) is not checked, the court has found good cause not to make this order.

(4)

Other (specify):

Other personal conduct orders are attached at the end of this Order on Attachment 6a(4).

b.Peaceful written contact through a lawyer or process server or other person for service of legal papers related to a court case is allowed and does not violate this Order.

Stay-Away Orders

a. You must stay at least

 

 

yards away from (check all that apply):

(1)

The person in

1 .

 

 

(7)

The place of child care of the children of

(2)

Each person in

3 .

 

 

 

the person in 1 .

(3)

The home of the person in 1

.

(8)

The vehicle of the person in 1 .

(4)

The job or workplace of the person

(9)

Other (specify):

 

 

 

 

 

in 1 .

(5) The school of the person in 1 .

(6) The school of the children of the person in 1 .

b.This stay-away order does not prevent you from going to or from your home or place of employment.

This is a Court Order.

Revised January 1, 2018

Civil Harassment Restraining Order After Hearing

CH-130, Page 2 of 6

(CLETS-CHO)

 

(Civil Harassment Prevention)

 

Case Number:

8No Guns or Other Firearms and Ammunition

9

10

11

a.You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition.

b.If you have not already done so, you must:

•Within 24 hours of being served with this Order, sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control.

•File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may use form CH-800, Proof of Firearms Turned In, Sold, or Stored, for the receipt.)

c. The court has received information that you own or possess a firearm.

d. The court has made the necessary findings and applies the firearm relinquishment exemption under Code of

Civil Procedure section 527.9(f). Under California law, the person in 2 is not required to relinquish this firearm (specify make, model, and serial number of firearm(s)):

The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even if exempt under California law, the person in 2 may be subject to federal prosecution for possessing or controlling a firearm.

Lawyer's Fees and Costs

The person in

 

 

must pay to the person in

 

the following amounts for

 

 

lawyer’s fees

costs:

 

 

 

 

 

Item

 

 

Amount

 

 

Item

 

Amount

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional items and amounts are attached at the end of this Order on Attachment 9.

Possession and Protection of Animals

a. The person in 1 is given the sole possession, care, and control of the animals listed below, which are owned, possessed, leased, kept, or held by him or her, or reside in his or her household.

(Identify animals by, e.g., type, breed, name, color, sex.)

b.

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. Other Orders (specify):

Additional orders are attached at the end of this Order on Attachment 11.

This is a Court Order.

Revised January 1, 2018

Civil Harassment Restraining Order After Hearing

(CLETS-CHO)

CH-130, Page 3 of 6

(Civil Harassment Prevention)

Case Number:

To the Person in 1 :

12Mandatory Entry of Order Into CARPOS Through CLETS

This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one):

a.

b.

The clerk will enter this Order and its proof-of-service form into CARPOS.

The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered into CARPOS.

c.

By the close of business on the date that this Order is made, the person in 1 or his or her lawyer should deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS:

Name of Law Enforcement Agency

 

Address (City, State, Zip)

 

 

 

 

 

 

Additional law enforcement agencies are listed at the end of this Order on Attachment 12.

13Service of Order on Restrained Person

a. The person in 2 personally attended the hearing. No other proof of service is needed.

b. The person in 2 did not attend the hearing.

(1)

Proof of service of form CH-110, Temporary Restraining Order, was presented to the court. The judge’s orders in this form are the same as in form CH-110 except for the expiration date. The person in

2must be served with this Order. Service may be by mail.

(2)

✖

The judge’s orders in this form are different from the temporary restraining orders in form CH-110. Someone—but not anyone in 1 or 3 —must personally serve a copy of this Order on the person in 2 .

14 No Fee to Serve (Notify) Restrained Person

The sheriff or marshal will serve this Order without charge because:

a. The Order is based on unlawful violence, a credible threat of violence, or stalking.

b.

The person in 1 is entitled to a fee waiver.

15Number of pages attached to this Order, if any:

Date:

Judicial Officer

This is a Court Order.

Revised January 1, 2018

Civil Harassment Restraining Order After Hearing

(CLETS-CHO)

CH-130, Page 4 of 6

(Civil Harassment Prevention)

Case Number:

Warning and Notice to the Restrained Person in 2 :

You Cannot Have Guns or Firearms

Unless item 8d is checked, you cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that you have or control as stated in item 8 above. The court will require you to prove that you did so.

Instructions for Law Enforcement

Enforcing the Restraining Order

This Order is enforceable by any law enforcement agency that has received the Order, is shown a copy of the Order, or has verified its existence on the California Restraining and Protective Order System (CARPOS). If the law enforcement agency has not received proof of service on the restrained person, and the restrained person was not present at the court hearing, the agency must advise the restrained person of the terms of the Order and then must enforce it. Violations of this Order are subject to criminal penalties.

Start Date and End Date of Orders

This Order starts on the date next to the judge’s signature on page 4 and ends on the expiration date in item 4 on page 1.

Arrest Required If Order Is Violated

If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS.

Notice/Proof of Service

The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained person “served” (given notice) if (Pen. Code, § 836(c)(2)):

•The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or

•The restrained person was at the restraining order hearing or was informed of the order by an officer.

An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on the restrained person cannot be verified and the restrained person was not present at the court hearing, the agency must advise the restrained person of the terms of the order and then enforce it.

If the Protected Person Contacts the Restrained Person

Even if the protected person invites or consents to contact with the restrained person, this Order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § 13710(b).)

This is a Court Order.

Revised January 1, 2018

Civil Harassment Restraining Order After Hearing

(CLETS-CHO)

CH-130, Page 5 of 6

(Civil Harassment Prevention)

Case Number:

Conflicting Orders—Priorities of Enforcement

If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (See Pen. Code, § 136.2; Fam. Code, §§ 6383(h)(2), 6405(b).)

1.EPO: If one of the orders is an Emergency Protective Order (form EPO-001) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders.

2.No-Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has precedence over any other restraining or protective order.

3.Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable.

4.Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced.

Clerk’s Certificate

(Clerk will fill out this part.)

 

[seal]

—Clerk's Certificate—

 

I certify that this Civil Harassment Restraining Order After Hearing is a true and

correct copy of the original on file in the court.

 

Date:

 

Clerk, by

 

, Deputy

This is a Court Order.

Revised January 1, 2018

Civil Harassment Restraining Order After Hearing

(CLETS-CHO)

CH-130, Page 6 of 6

(Civil Harassment Prevention)

Download Ch 130 PDF Form

Form Data

Fact Number Fact Name Description
1 Form Purpose The CH-130 form is a Civil Harassment Restraining Order After Hearing, used by the court to detail the restrictions imposed on the restrained person following a hearing.
2 Governing Law This form is governed by the Code of Civil Procedure, sections 527.6 and 527.9, and is an approved Department of Justice (DOJ) Mandatory Form in California.
3 Expiration Unless specified otherwise, the order expires three years from the date of issuance. If an expiration date is written on the form, the order expires at that time.
4 Personal Conduct Orders The restrained person is ordered not to engage in certain behaviors towards the protected person(s), including harassment, stalking, and physical violence.
5 Stay-Away Orders The form specifies distances the restrained person must keep from the protected person's home, workplace, school, and other locations.
6 No Guns or Firearms The restrained person is prohibited from owning or possessing firearms and ammunition, with specific actions required to relinquish any currently held.
7 Lawyer's Fees and Costs The form may include an order for the restrained person to pay the protected person's lawyer's fees and other costs.
8 Protection of Animals It grants the protected person sole possession, care, and control of specified animals and sets restrictions on the restrained person regarding those animals.
9 Mandatory Entry into CLETS The order must be entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS), ensuring statewide enforcement capability.

Instructions on Utilizing Ch 130

Filling out a Civil Harassment Restraining Order (CH-130) form accurately is crucial for ensuring your protection under the law. This document is the formal order from the court that follows a hearing related to a civil harassment case. It specifies what the restrained person can and cannot do. Following these instructions will help you complete the form properly.

  1. At the top of the form, write the full name, address, and contact information of the protected person in the spaces provided. If represented by a lawyer, include the lawyer's name, state bar number, and firm's information instead.
  2. Fill in the court's name and street address as indicated.
  3. Provide the complete information about the restrained person, including their full name, description (sex, height, weight, date of birth, hair and eye color, age, race), and address, if known.
  4. If additional family or household members need protection, list their full names, sex, age, their relationship to you and whether they live with you under "Additional Protected Persons". Use an attachment if more space is needed, marking it as "Attachment 3—Additional Protected Persons."
  5. Enter the expiration date of the order. If no date is provided, note that the order will expire three years from issuance.
  6. Detail the hearing information, including the date, time, department, room, and the judicial officer's name who made the orders.
  7. Under "Personal Conduct Orders", mark the specific actions that the restrained person is prohibited from doing towards the protected person(s).
  8. In the "Stay-Away Orders" section, check the applicable boxes to specify the distances the restrained person must keep from the protected person(s), their home, job, school, and other specified locations.
  9. For the section on "No Guns or Other Firearms and Ammunition", confirm that the restrained person is aware they cannot own or possess firearms or ammunition and must surrender them as described.
  10. Outline any lawyer’s fees and costs that the restrained person must pay to the protected person if applicable.
  11. If animals are involved, clarify the possession and protection orders for them.
  12. Add any other court orders in the specified section or attach additional pages if necessary, marking them accordingly.
  13. Check the appropriate box in the "Mandatory Entry of Order Into CARPOS Through CLETS" section according to how the order will be entered into the system.
  14. Specify the service of the order on the restrained person, indicating how they were notified and if they attended the hearing.
  15. If applicable, mark how the order will be served without charge.
  16. Sign and date the form at the bottom, and ensure the judicial officer also signs and dates the order.

Once the CH-130 form is fully completed and filed, a copy will be served to the restrained person, marking the official start of the order's effectiveness. It's imperative to keep a copy for your records and be familiar with its terms. Remember, this order is enforceable by law, and any violations by the restrained person should be reported to the authorities immediately. Compliance with the process outlined ensures your safety and the legal recognition of your civil harassment situation.

Obtain Answers on Ch 130

  1. What is a Civil Harassment Restraining Order (CH-130)?

    A Civil Harassment Restraining Order, or CH-130, is a legal document issued by a court which protects individuals from being harassed, stalked, threatened, or abused by someone not closely related to them, such as a neighbor, roommate, or acquaintance. It sets specific restrictions on the restrained person's behavior towards the protected person.

  2. Who can be protected by the CH-130 Order?

    The CH-130 Order primarily protects the individual who sought the order, referred to as the "Protected Person." Additionally, family or household members of the protected person can also be safeguarded under this order if specified.

  3. What types of restrictions can be included in a CH-130 Order?

    The order can include various restrictions such as prohibiting the restrained person from contacting, coming near, or going to the protected person's home, workplace, or school. It may also prohibit harassment, threats, or any form of violence. The court can also order the restrained person to stay away from any specified locations where the protected person frequents.

  4. How long does a CH-130 Order last?

    A CH-130 Order's duration is specified by the court. If no expiration date is mentioned, the order automatically expires three years from the date it was issued. However, the order can be extended if the court deems it necessary.

  5. Is a lawyer required to request a CH-130 Order?

    While it is not mandatory to have a lawyer to request a CH-130 Order, seeking legal advice can be beneficial. A lawyer can help understand the legal process, fill out necessary forms, and provide representation in court.

  6. What happens if the restrained person violates the CH-130 Order?

    If the restrained person disobeys the order, they can be arrested and charged with a crime, which may lead to imprisonment, a fine, or both. It is crucial for the protected person to report any violations to law enforcement immediately.

  7. Can the terms of a CH-130 Order be modified?

    Yes, either party can request the court to modify the terms of the order. This request must be made through a formal legal process, where the judge will decide whether to alter the order based on new evidence or changes in the situation.

  8. How is a CH-130 Order served to the restrained person?

    The order must be officially delivered to the restrained person, a process known as "service." This can be done by a law enforcement officer, a professional process server, or anyone over the age of 18 who is not protected by the order. Proof of service must then be filed with the court.

  9. What is CARPOS, as mentioned in relation to a CH-130 Order?

    CARPOS stands for the California Restraining and Protective Order System. It is a database accessed through the California Law Enforcement Telecommunications System (CLETS) that allows law enforcement officers to see details of restraining orders in effect. The CH-130 Order must be entered into CARPOS to ensure statewide enforcement.

Common mistakes

Filling out the CH-130 form, known as the Civil Harassment Restraining Order After Hearing, is a critical step in securing legal protection. However, mistakes can occur which may affect the effectiveness of the order. Understanding these errors can help individuals avoid common pitfalls and ensure their protective orders serve their intended purpose.

  1. Providing Insufficient Detail about the Restrained Person: If the form lacks comprehensive information regarding the person to be restrained, including their physical description and contact details, it could hinder law enforcement's ability to locate and properly serve the order on them.

  2. Omitting Additional Protected Persons: Failure to include all family or household members who require protection under section 3 can leave vulnerable individuals without the legal safeguards the order is meant to provide.

  3. Incorrect or Inconsistent Information: Entering incorrect details or providing information that contradicts other sections of the form can lead to delays or the dismissal of the order. Accuracy is paramount in ensuring the order's enforceability.

  4. Not Specifying Restrictions Clearly: The form allows for specific actions to be prohibited, such as coming within a certain distance of the protected person or their children's school. Ambiguities in specifying these restrictions can create loopholes that the restrained person might exploit.

  5. Failure to Provide Evidentiary Support: Though the form itself is a legal document, supporting evidence of harassment or harm is crucial during the hearing. Neglecting to attach documentation or references can weaken the case for obtaining the restraining order.

Completing the CH-130 form with precision and care safeguards the rights of those seeking protection. It's more than paperwork; it's a crucial step towards ensuring personal safety and peace of mind.

Documents used along the form

Completing legal documents can seem like navigating through a maze for those who are unfamiliar with the process. The Civil Harassment Restraining Order After Hearing (CH-130 form) plays a crucial role in protecting individuals from harassment, but it often goes hand in hand with other forms to ensure comprehensive coverage and adherence to legal protocols. Below is a list of documents that are commonly used alongside the CH-130 form and brief descriptions of their purposes and contents.

  • CH-100: Request for Civil Harassment Restraining Orders - This form is the initial step in seeking a Civil Harassment Restraining Order. It outlines the reasons the petitioner seeks protection and specifies the types of orders they request, serving as a preliminary filing before the CH-130 form is issued after a hearing.
  • CH-109: Notice of Court Hearing - When a Request for Civil Harassment Restraining Orders is filed, the court schedules a hearing to decide on the request. The CH-109 form notifies all involved parties of the time, date, and location of this hearing, ensuring that both the petitioner and the respondent have the opportunity to present their case.
  • CH-110: Temporary Restraining Order (TRO) - Pending the formal hearing for the permanent restraining order, a Temporary Restraining Order may be issued to provide immediate protection to the petitioner. This form outlines temporary restrictions placed on the respondent to prevent harassment before the CH-130 order is determined.
  • MC-025: Attachment - If additional space is required to list protected persons or to detail the orders requested, the MC-025 Attachment form can be utilized. This allows for a comprehensive presentation of the petitioner's circumstances and needs, ensuring that no pertinent information is omitted due to space constraints on the main forms.
  • CH-800: Proof of Firearms Turned In, Sold, or Stored - If the CH-130 form includes orders related to the relinquishment of firearms by the respondent, the CH-800 form serves as a receipt and proof that the respondent has complied with these orders. This document is crucial for the enforcement and verification of the firearm prohibition terms outlined in the restraining order.

Understanding the function and requirement of each of these forms can significantly streamline the legal process for individuals seeking protection under a Civil Harassment Restraining Order. It's important for petitioners and respondents alike to be aware of these documents and their contributions to the comprehensive legal framework designed to address and prevent harassment.

Similar forms

  • The CH-130 form is akin to the Domestic Violence Restraining Order (DV-110). Both are legal instruments utilized to protect individuals from harm or harassment by enforcing restrictions on the aggressor's actions and proximity to the victim. They serve a similar protective function, albeit they are applied in disparate contexts; the CH-130 addresses civil harassment, while the DV-110 is specific to domestic violence scenarios.

  • Comparable to the Elder or Dependent Adult Abuse Restraining Order (EA-100), the CH-130 form provides a legal mechanism to shield individuals from abuse. The primary distinction lies in the demographic focus; the EA-100 is specifically designed to protect elderly or dependent adults, showcasing the adaptability of restraining orders to various vulnerable populations.

  • Similar to the Workplace Violence Restraining Order (WV-100), the CH-130 form exists to offer protection within a specific context—workplaces for the WV-100 and broader civil contexts for the CH-130. Both documents underline the legal system’s capacity to address harassment and violence across different environments through restraining orders.

  • The Gun Violence Restraining Order (GV-100) shares its foundational objective with the CH-130 form: to prevent potential harm. While the GV-100 concentrates on disarming individuals deemed a threat to themselves or others, the CH-130 encompasses a broader range of prohibitions to secure the safety of the protected person, illustrating the legal system's multifaceted approach to public safety.

  • Comparable to the School Violence Restraining Order, the CH-130 underscores the legal framework's versatility in safeguarding individuals within various societal sectors. While their application settings differ—educational institutions for the former and general civil circumstances for the latter—both documents function similarly by restricting threatening behaviors to ensure safety.

  • The CH-130 form and the Temporary Restraining Order (TRO) share procedural and protective dimensions, offering immediate temporary relief to individuals facing immediate threats by placing restrictions on the alleged aggressor. The TRO, often a precursor to a more permanent solution like the CH-130, showcases the legal process's staged approach to addressing harassment and violence.

  • Lastly, akin to the Private Postsecondary School Violence Restraining Order, the CH-130 serves to protect individuals from acts of violence and harassment, tailored to the contexts of private postsecondary education environments versus general civil interactions. Both typify the legal adaptability in creating safe spaces across diverse societal domains.

Dos and Don'ts

When completing the Civil Harassment Restraining Order (Ch 130 form), certain measures should be followed to ensure the form is filled out accurately and effectively. Here are lists of things you should and shouldn't do:

Things You Should Do:
  • Double-check all personal information. Ensure that all personal details such as full names, addresses, and descriptions are accurate. Incorrect information may lead to the restraining order not being properly enforced.
  • Provide detailed descriptions. When describing the restrained person, be as detailed as possible, including their physical appearance and any known addresses. This helps law enforcement in identifying the individual.
  • Include specific orders requested. Clearly indicate the types of orders you are seeking, including stay-away and personal conduct orders, to ensure your safety.
  • List all protected persons. If other family or household members need protection, list them in the section provided. Be clear about their relationship to you and why they require protection.
  • Ensure proper service. After the hearing, make certain that the restrained person is properly served with the order. This is crucial for the order to be legally binding and enforceable.
Things You Shouldn't Do:
  • Omit any contact information. While you may want to keep your address confidential, ensure that there is a way for the court to contact you or your attorney. This keeps you informed about your case.
  • Forget to list additional protected persons. If you fail to list others who need protection, they may not be covered by the restraining order, putting them at risk.
  • Provide vague descriptions. Avoid being too vague in describing the restrained person or the types of prohibitions you're seeking. Clarity helps prevent misinterpretation.
  • Leave out relevant details about previous incidents. If there have been specific threats or actions that prompted you to seek a restraining order, mention these instances. This supports your case for needing the order.
  • Ignore deadlines for submission of additional information. If the court requires you to submit additional documents or information by a certain date, ensure you comply. Missing these deadlines can delay your case or affect the outcome.

Misconceptions

Understanding the Civil Harassment Restraining Order After Hearing, stated on form CH-130, can sometimes be challenging due to myths and misconceptions surrounding its application and effects. Here are eight common misconceptions, clarified to help individuals better understand how these orders work.

  • Misconception 1: A lawyer is required to file for a Civil Harassment Restraining Order. While having a lawyer can provide valuable guidance, individuals have the right to file form CH-130 without legal representation. The form allows for the inclusion of a lawyer’s details but does not mandate it.

  • Misconception 2: The protected person must disclose their home address on the CH-130 form. If safety or privacy concerns exist, individuals filing the form can use a different mailing address rather than their actual home address to maintain their privacy.

  • Misconception 3: The restraining order only protects the person who files it. The CH-130 form offers protection not just to the filer but also allows for the inclusion of additional protected persons, such as family or household members, under the same order.

  • Misconception 4: The restraining order has an indefinite duration. Unless specified on the form, a Civil Harassment Restraining Order expires three years from the date of issuance. A clear expiration date ensures protection within a defined timeframe.

  • Misconception 5: Peaceful contact is always prohibited under the restraining order. The order specifies that peaceful written contact via a lawyer or process server for legal purposes does not violate the terms of the order, ensuring necessary legal communication can continue.

  • Misconception 6: The restrained person can keep firearms. The law explicitly requires the individual restrained by the order to turn in, sell, or store firearms with a few specific exceptions, emphasizing the protection of the filer’s safety.

  • Misconception 7: Fees related to the service of the restraining order must be paid by the filer. If the order is based on unlawful violence, credible threat of violence, or stalking, the sheriff or marshal is mandated to serve the order without charge.

  • Misconception 8: The restrained person needs to be present at the court hearing for the order to be enforced. If the restrained person did not attend the hearing, law enforcement is instructed to inform them about the order and enforce it based on proof of service or other verification.

Cutting through these misconceptions is crucial for both protection seekers and those restrained by Orders. Understanding the precise provisions and intentions behind form CH-130 clarifies legal rights and obligations, aiding in better utilization and compliance with Civil Harassment Restraining Orders.

Key takeaways

Filling out and using the Civil Harassment Restraining Order (CH-130) form is a critical step in obtaining protection from harassment. Here are five key takeaways to remember:

  • The CH-130 form is used after a court hearing where the judge decides on a restraining order based on evidence and arguments presented. It is vital to understand that this form serves as the official documentation of the court's decision.
  • Sections 1 through 3 of the form require detailed information about the protected person(s), the restrained person, and any additional protected persons, highlighting the need for clarity and accuracy when filling out these sections. Incorrect information can lead to enforcement issues.
  • The form outlines various restrictions that can be placed on the restrained person, including personal conduct orders, stay-away orders, and specific orders regarding guns and other firearms. Understanding these sections is essential for both the protected person and the restrained person to know the limits and legal obligations imposed.
  • The form specifies an expiration date for the restraining order. Unless an expiration date is provided, the order will automatically expire three years from the date it was issued. Awareness of this time frame is crucial for renewal purposes if ongoing protection is necessary.
  • Mandatory entry of the order into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS) ensures statewide recognition and enforcement. This process underscores the importance of promptly delivering a copy of the order and the proof-of-service form to the appropriate law enforcement agency.

Overall, the CH-130 form is a key element in the legal process for obtaining and enforcing a civil harassment restraining order. Understanding its content, completing it accurately, and following through with all necessary steps are paramount for the protection it offers to be effective.

Please rate Blank Ch 130 PDF Template Form
4.53
Incredible
17 Votes

Popular PDF Forms

Cms 1 Mn - The option to request the conference at specific Tax Department locations indicates an organizational commitment to accommodating the geographic diversity of taxpayers, making the resolution process as accessible as possible.

Class 4 Roof Shingles - Homeowners are advised through the form to retain a copy for their records, ensuring they have proof of the certified installation for future insurance queries or claims.