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NOTICE OF HEARING AND TEMPORARY RESTRAINING ORDER
(CIVIL HARASSMENT)
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Court Document required Request for Civil Harassment Restraining Orders (form CH-100) (file-stamped); Notice of Court Hearing (form CH-109) (file-stamped); Temporary Restraining Order (form CH-110) (file-stamped) IF GRANTED; blank Response to Request for Civil Harassment Restraining Orders (form CH-120); How Can I Respond to a Request for Civil Harassment Restraining Orders? (form CH-120-INFO); Blank Proof of Service of Response by Mail (form CH-250) and any applicable attachments.
Purpose of Process Notifies the defendant of a hearing concerning various issues and restrains certain activities and conduct of the defendant until the hearing
Sheriff's Instructions Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the plaintiff's attorney, or the plaintiff if the plaintiff doesn't have an attorney
Time for Service The NOH and TRO must be served at least five days before the hearing, unless shortened by the court
Manner of Service Personal Service
Fee Deposit $40  (Paid through the court if determined to be based on stalking or a credible threat of violence)
Fee $40  (Paid through the court if determined to be based on stalking or a credible threat of violence), $35 if Not Found, and $40 if canceled.
Proof of Service If service is made, a proof of service is sent to court and notice of service is mailed to the petitioner. If service is not made, the NOH, TRO and a certificate of not found/no service explaining the reason for non-service are mailed to the petitioner.
Information Guide
Checklist
Sheriff's Instructions
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Information Guide

In a civil harassment case, the court can issue orders to protect people from being harassed by others. The plaintiff may file a petition with the court and obtain a Notice of Hearing (NOH) and temporary restraining order (TRO) upon a showing of reasonable proof of harassment by the defendant and great or irreparable harm threatened to the plaintiff. The NOH/TRO is a notice of motion advising the defendant to appear at a hearing to determine whether a permanent injunction prohibiting harassment should be issued. The temporary restraining order (TRO) restrains the defendant from certain activities and types of conduct for a limited period of time. The NOH and TRO should be given to the Sheriff without delay because any restraining orders must be entered in the California Restraining and Protective Order System (CARPOS-formerly DVROS).

The NOH and TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH and TRO without a fee deposit if the court has determined the order is based on stalking or a credible threat of violence. If the NOH and TRO are served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court's orders if CARPOS indicates the NOH and TRO have been served.

The Sheriff accords a very high priority to restraining orders where violence is threatened. The first attempt to serve is made no later than two business days after receipt. Up to three attempts are made to serve the NOH and TRO including one night-time attempt after 6:00 p.m. (unless the defendant cannot be found at the address in the evening.) If the NOH and TRO are served, the Sheriff will mail a proof of service to the court and plaintiff. If service is not made, the NOH, TRO and a certificate of not found/no service detailing the reasons for non-service will be mailed to the plaintiff. If the defendant appears to be evading service, the plaintiff may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

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Checklist
  • $40 fee deposit (paid through the court if determined to be based on stalking or a credible threat of violence)
  • Form CH100 Request for Civil Harassment Restraining Orders (file-stamped)
  • Form CH109 Notice of Court Hearing (file-stamped)
  • Form CH110 Temporary Restraining Order (file-stamped) IF GRANTED
  • Form CH120 Response to Request for Civil Harassment Restraining Orders (blank form)
  • Form CH120-INFO How Can I Respond to a Request for Civil Harassment Restraining Orders?
  • Form CH250 Proof of Service of Response by Mail (blank form)
  • Any applicable attachments
  • Sheriff’s Instructions

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