Self Help

Civil Harassment

When is a Civil Harassment Restraining Order (CHRO) Appropriate?

 

 You may want to start by reading this Kern County-Specific Civil-Harassment-Info-Packet-With-Sample-Formsor you can stay on this page and read on.

You can request a CHRO when someone is harassing you and you would like a court order to make them stop.  A CHRO is not right in all cases, though.

YOU DO NOT FILE A CHRO AGAINST:

  • Current Romantic Partner
  • Former Romantic Partner
  • Grandparent
  • Parent
  • Brother/Sister
  • Son/Daughter

If the person you want a restraining order against is a close family relation or a current/former romantic partner, you may need to request a Domestic Violence Restraining Order.  If you believe a Domestic Violence Restraining Order may be appropriate in your case, you may wish to request information from the Family Law Facilitator’s office at (661) 868-4815, or via email at wmfacil@kern.courts.ca.gov.

If the harassment or abuse you are trying to prevent involves elder abuse, or someone harassing you or your employees in a place of business, you should visit this page to gather information.

 

What do I do to Request a Civil Harassment Restraining Order?

 

California’s Judicial Council has prepared fill-in-the-blank style forms you will use to request a CHRO.

IF YOU NEED DOCUMENTS FOR YOUR CIVIL HARASSMENT RESTRAINING ORDER
You can visit this page.

You can also download your forms directly from this page.  These will include:

  1. Civil Case Cover Sheet
  2. CH-100 – Request for Civil Harassment Restraining Orders
  3. CH-109 Notice of Court Hearing
  4. CH-110 Temporary Restraining Order
  5. CLETS-001 Confidential CLETS Information, and if you need more space for your answers on your Request,
  6. MC-025 Attachment

Once these documents are filled out, you will need to file them with the Civil Department.  The filing fee is $435.00, or you may also fill out and file:

  1. FW-001 – Request for Fee Waiver, and
  2. FW-003- Order on Fee Waiver

These documents are used to request that the court waive your filing fee.  If the request is granted, you will not have to pay the $435.00 filing fee for your case.  The court is not guaranteed to grant your fee waiver request.

If your request is denied, you will have ten days to:

  1. pay the amount of the fee the court says you owe,
  2. re-file the forms with complete information, if your request was denied for being incomplete, or
  3. ask for a hearing to show the court more information.

 

In order to get your documents returned to you most convenientlyWhen you file your paperwork, you should also include a self-addressed, postage-paid envelope so the clerks of the Civil Department can just send your paperwork directly back to you.  Large, 10×13 envelopes can fit your court paperwork most easily.

BE AWARE: it usually takes several days to receive your paperwork back from the court and immediate orders are not always granted. Read through the papers you get back from the court carefully to find out whether temporary orders have been issued pending your hearing

 

What Happens After My Documents Are Filed?

 

After you get your paperwork back from the Civil department, someone other than you who is 18 or older needs to personally deliver (serve) copies of certain documents to the person you are asking the court to restrain.

Completing Personal Service is described in detail on the Judicial Branch’s website

 

What Does my Server Give the Party I am Asking the Court to Restrain?

 

Someone other than you that is 18 or older needs to give a copy of some of the paperwork you filed, plus blank documents the party you want restrained can use to file a response.

The server should provide file-stamped copies of the CH-100 – Request for Civil Harassment Restraining Order, CH-109 – Notice of Court Hearing, CH-110 – Temporary Restraining Order, and TOTALLY BLANK copies of the following:

1. CH-120 Response to Request for Civil Harassment Restraining Orders,
2. CH-120Info,
3. CH-800 Proof of Firearms Turned In, Sold, or Stored.

 

My Server has Served the Party to be Restrained, Now What?

CH-200 Proof of Personal Service should be filled out by your server ASAP.

You can then file this with the Civil department as soon as your server has filled it out – at the latest, it should be turned in at least 5 days before the hearing.

My Hearing is Coming Up and Service Isn’t Complete.

 

 If you need to ask for more time to serve the person you want restrained, you can use forms:

  1. ch115 Request to Continue Court Hearing, and
  2. ch116 – Order on Request to Continue Hearing

 

 

 

 

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