• How to File a Civil Harassment Case

How to File a Civil Harassment Case

Are you being harassed by someone and looking to file a civil harassment case? Civil harassment restraining orders are made under the Civil Harassment Act. The restraining order is intended to prevent harassment by ordering the restrained party to have no contact with you. The restrained person must stay away from your work, not go near you or your children, contact any members of your household, and cannot own a gun. Read on to learn more about how to file a civil harassment case in California and how A People’s Choice can help you.

Civil harassment includes unlawful violence such as assault, battery or stalking, a credible threat of violence, and/or violence or threats that scare, annoy, or harass someone. If a neighbor, roommate, friend, colleague, or a stranger is harassing you, contact A People’s Choice for more information on to how obtain a civil harassment restraining order. The person you want to have restrained cannot be your spouse or partner, any person you have dated at some point, or a close relative (parent, child, sister).

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How to File a Civil Harassment Case

Obtaining a civil harassment restraining order in California involves a two-step process. First, you must get a temporary restraining order. The temporary restraining order will last about three weeks. Then you must attend a court hearing to get a permanent restraining order that can last up to three to five years.

There are specific Judicial Council forms that need to be completed to get a restraining order such as the following:

  • Request for Civil Harassment Restraining Orders (Form CH-100);
  • Confidential CLETS Information (Form CLETS-001);
  • Items 1 and 2 on Notice of Court Hearing (Form CH-109);
  • Items 1, 2 and 3 on Temporary Restraining Order (CLETS -TCH) (Form CH-110);
  • Civil Case Cover Sheet (Form CM-010)
  • Declaration (Form MC-030) or Attached Declaration (Form MC-031) for any statements of witnesses that will support your side of the story.

In addition to the forms mentioned above, contact your local court clerk to find out if there are any jurisdiction specific forms for you to complete. Make copies of the completed forms and file the original form with the court clerk. The clerk will take the petition and send it to the judge for review. Return to the courthouse to pick up the paperwork and see if the judge signed the temporary restraining order, made changes to the orders you requested, and the date of your court hearing. File the forms with the clerk including the temporary restraining order. Have the temporary restraining order and accompanying court documents served on the restrained party. You must have a person 18-years or older that is not a party to the action serve the restrained party. Attend the court hearing and tell the judge why you need a permanent restraining order.

The effect of a restraining order will have serious consequences on the restrained party. For example, the restrained party must remove all registered firearms in his/her possession. If the restrained party has petitioned for an immigration visa, the restraining order could impact his/her request to stay or enter in the U.S. If you are currently being stalked, abused, or threatened, contact us to file a civil harassment case.

Contact A People’s Choice if you need to file a civil harassment case. We have over 35 years of experience in the legal document preparation field. Call us at 800-747-2780.

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By |2018-01-18T15:46:32+00:00December 9th, 2016|Civil litigation|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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