The CH-130 form, known as the Civil Harassment Restraining Order After Hearing, is an essential legal document that contains orders issued by a court following a hearing regarding civil harassment issues. The form outlines protections for individuals from harassment, including stipulations around personal conduct, stay-away orders, and, in some cases, restrictions related to firearms. For those in need of enforcing boundaries and ensuring personal safety from unwanted behaviors, filling out this form accurately and understanding its provisions is critical. To take a step towards personal safety and legal protection, click the button below to fill out your CH-130 form.
Delving into the complexities of the Civil Harassment Restraining Order After Hearing (CH-130) reveals a comprehensive legal mechanism designed to protect individuals from acts of harassment and violence. Through this form, the court extends its protective mantle upon those feeling threatened, by setting forth strict conditions that the restrained individual must adhere to. It meticulously outlines the identity of the protected person, including their name, address, and legal representation if available, ensuring their safety without mandating the disclosure of sensitive personal information. Additionally, the CH-130 form endeavors to cast a wide safety net by including provisions for other protected persons, often family or household members, under its ambit. The restrained person is clearly identified along with specific prohibitions, such as maintaining distance and refraining from engaging in any intimidating behaviors. Notably, the document goes as far as addressing the possession and care of animals and delineates legal requirements regarding firearms, emphasizing its thorough nature in safeguarding the petitioner's well-being. Moreover, explicit instructions ensure that the order is duly entered into the California Law Enforcement Telecommunication System (CLETS), ensuring statewide acknowledgement and enforcement. With stipulations covering mandatory appearances, legal fees, and even the specifics of peaceable contact, the CH-130 stands as a critical legal recourse for individuals seeking respite from harassment and fear.
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):
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)
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)
2 .
(4)
2
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):
.
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.
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):
(7)
The place of child care of the children of
Each person in
3 .
the person in 1 .
The home of the person in 1
(8)
The vehicle of the person in 1 .
The job or workplace of the person
(9)
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.
Revised January 1, 2018
CH-130, Page 2 of 6
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
must pay to the person in
the following amounts for
lawyer’s fees
costs:
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.
CH-130, Page 3 of 6
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.
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.
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.
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.
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.
The person in 1 is entitled to a fee waiver.
15Number of pages attached to this Order, if any:
Date:
Judicial Officer
CH-130, Page 4 of 6
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).)
CH-130, Page 5 of 6
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.
Clerk, by
, Deputy
CH-130, Page 6 of 6
Completing legal documents can often feel overwhelming, especially when they play a crucial role in your personal safety and well-being. The CH-130 form, known as the Civil Harassment Restraining Order After Hearing, is a critical step in securing a legal boundary against someone who has been causing you harm or distress. After a court hearing, this form serves as a formal declaration of the orders the court has put in place to protect you. The following steps are designed to help you fill out the CH-130 form accurately and completely, ensuring that all necessary aspects of the protection order are communicated clearly and effectively.
Upon completing the CH-130 form, you have taken a significant step towards enforcing the protections granted to you by the court. It's essential to keep a copy of this completed document for your records and provide copies to law enforcement or others as instructed by the court. Remember, this order is now a legal barrier designed to protect you and your loved ones. Compliance with and enforcement of this document are critical to your safety and well-being. If there's any confusion or if you need further assistance, do not hesitate to seek legal advice or contact the court directly.
What is a CH-130 form?
The CH-130 form, officially known as the "Civil Harassment Restraining Order After Hearing," is a legal document issued by a court. This form is used after a court hearing to finalize a restraining order against someone who has been found to engage in civil harassment, which can include stalking, threats, physical violence, and similar behaviors. It provides details about the terms of the restraining order, including personal conduct orders, stay-away orders, and other specific prohibitions.
When should the Protected Person complete parts 1, 2, and 3 of the form?
The Protected Person, or their lawyer if they have one, should complete items 1, 2, and 3 on the CH-130 form to provide personal information, details about the restrained person, and information about additional protected persons, respectively. These sections must be filled out as part of the process to formalize the restraining order after a court hearing.
What happens if the Restrained Person does not obey the orders on the CH-130 form?
If the Restrained Person does not comply with the orders specified in the CH-130 form, they can be arrested and charged with a crime. The penalties may include imprisonment for up to a year, a fine of up to $1,000, or both. The orders are legally binding and must be followed strictly.
Are there any exceptions to the restrictions listed on the CH-130 form?
Yes, there are exceptions. Peaceful written contact through a lawyer, process server, or another person for the service of legal papers related to a court case is permitted and does not violate the order. Additionally, certain stay-away orders might not prevent the restrained person from traveling to their own home or place of employment.
What is meant by "No Guns or Other Firearms and Ammunition" as mentioned in the CH-130 form?
This section of the CH-130 form stipulates that the restrained person is prohibited from owning, possessing, buying, or receiving guns, other firearms, and ammunition while the restraining order is in effect. If they currently possess any firearms, they must sell them to or store them with a licensed gun dealer, or turn them into a law enforcement agency within a specified timeframe, and submit proof to the court.
How long is the CH-130 order valid?
The expiration date of the CH-130 order should be specified on the form itself. If no expiration date is mentioned, then by default, the order expires three years from the date it was issued. The court has the authority to set a different duration based on the specifics of the case.
What happens at the mandatory entry of the order into CLETS?
The CH-130 form includes a section for the mandatory entry of the order into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). This process ensures that the restraining order is accessible by law enforcement agencies across California. The order and its proof-of-service form are normally entered into CARPOS by the court clerk or transmitted to a law enforcement agency for entry.
Is there a fee for serving the CH-130 order?
In cases of unlawful violence, credible threats of violence, stalking, or if the Protected Person is entitled to a fee waiver, the sheriff or marshal will serve the order without charge. This ensures that financial barriers do not prevent someone from seeking protection through a restraining order.
What actions are law enforcement required to take to enforce the restraining order?
Law enforcement officers are required to enforce the restraining order once it is served to the restrained person or if the restrained person was present at the court hearing. If a law enforcement officer has probable cause to believe that the restrained person was aware of the order and disobeyed it, the officer must arrest the restrained person. The order is enforceable by any law enforcement agency that is aware of the order, whether through receipt, verification in CARPOS, or being shown a physical copy.
Filling out legal forms can be a daunting task, especially when it comes to something as critical as a Civil Harassment Restraining Order, known as form CH-130. Unfortunately, mistakes can compromise the effectiveness of the restraining order, potentially leaving individuals unprotected. Here are five common errors people make when completing this form.
Incorrect or incomplete personal information is a frequent mistake. The form requires detailed information about the protected person, including their full name and contact details. If someone has a lawyer, that lawyer's information should also be provided. It's crucial to fill out these fields accurately. Any errors or omissions can cause delays or prevent the enforcement of the restraining order.
Another common issue is failing to accurately describe the restrained person. Section 2 of the form asks for comprehensive details about the individual to be restrained, including their physical description and address. Leaving out this information or providing incorrect details can hinder law enforcement's ability to identify and restrain the individual in question.
Many individuals also overlook the importance of listing all protected persons. Aside from the primary person seeking protection, other family or household members can be included under the same order. Neglecting to list these additional protected persons means they will not benefit from the restrictions placed on the restrained person, potentially leaving them vulnerable.
Setting the expiration date is another step where mistakes can happen. If no expiration date is specified, the order automatically expires three years from the date of issuance. However, in some cases, a different expiration date might be necessary. Failing to specify this can inadvertently shorten or extend the duration of protection beyond what's intended.
Last but not least, incorrectly handling the service of the order on the restrained person can render the restraining order ineffective. The form specifies how the restrained person can be served. If the restrained individual did not attend the hearing, arrangements must be made to serve them with the order. Failure to properly serve the order means the restrained person might not legally be aware of the restrictions against them, which complicates enforcement actions if they violate the order.
To sum up, the effectiveness of a Civil Harassment Restraining Order hinges on the accurate and complete filling out of form CH-130. Paying close attention to detail, carefully listing all protected persons, and ensuring proper service can help secure the intended protection.
The completion of a Civil Harassment Restraining Order, specifically the CH-130 form, is a critical step in the process of obtaining legal protection. However, it's often part of a broader set of documents and forms that support or further detail the request for such an order. Indeed, understanding these related documents can enhance the effectiveness and enforceability of the protective measures sought.
These documents, when used together, create a comprehensive legal framework aimed at protecting individuals from harassment. The careful completion and submission of each form, as required and in accordance with the court's procedures, are fundamental steps in the process of obtaining and enforcing a civil harassment restraining order. Each form has a specific purpose, contributing to the clarity, efficiency, and effectiveness of the judicial protection sought.
The CH-130 form, a Civil Harassment Restraining Order After Hearing, closely resembles the Domestic Violence Restraining Order (DV-130) in both purpose and structure. Like the CH-130, the DV-130 acts as a protective measure for individuals who have been victims of domestic violence, providing similar provisions such as stay-away orders and limitations regarding personal conduct. Both forms involve a legal process that culminates in a courtroom hearing and both can result in restrictions related to contacting the protected person and possessing firearms.
Another document similar to the CH-130 is the Workplace Violence Restraining Order (WV-130), which is designed to protect employees from violence or threats of violence in the workplace. The similarities lie in the legal protections offered—including stay-away orders and conduct restrictions—though the WV-130 specifically addresses issues occurring within a professional environment, emphasizing the safety of employees from any form of harassment or violence at work.
The Elder or Dependent Adult Abuse Protective Order is also akin to the CH-130. This order aims to protect older adults and dependent adults from various forms of abuse, including physical and financial abuse, neglect, or abandonment. While the context and the population it serves differ, the structure offering protection through restrictions on contact, movement, and firearm possession mirrors that of the CH-130.
The Temporary Restraining Order (TRO) shares goals with the CH-130, aiming to provide immediate, short-term protection for individuals facing threats or acts of violence. The primary difference is the duration and the urgency of issuance, with TROs being issued quickly, often without the presence of the restrained party, until a formal hearing can be held.
Emergency Protective Orders (EPOs), issued by law enforcement officers in urgent situations, offer another parallel to the CH-130. Although more temporary, typically lasting only a few days, EPOs provide immediate protection in emergency situations, reflecting the CH-130's goal of safety and prevention of harassment or violence.
The School Violence Prevention Order, designed to protect students and staff from violence in educational settings, also resembles the CH-130 in its protective aims. The mechanism of prevention through legal orders restricts the accused's actions toward those they're directed to stay away from, reflecting the structure and intent of protection found in the CH-130.
The Gun Violence Restraining Order (GVRO) focuses specifically on the prevention of gun-related violence by removing firearms from individuals deemed a danger to themselves or others. While the GVRO is more specific in its focus on firearms, it shares the CH-130’s broader goal of prevention of violence through court-ordered restrictions.
The Private Postsecondary School Violence Restraining Order aims to protect against violence in private postsecondary educational institutions. This specialized order, similar to the CH-130, provides a tailored approach to addressing harassment and violence, demonstrating the judicial system's adaptability to various contexts requiring protection.
Lastly, the Civil Standby Assistance Order, while not a restraining order in itself, often complements documents like the CH-130. It allows individuals, under law enforcement supervision, to safely remove personal belongings from a shared residence. This order supports the goals of the CH-130 by facilitating a safer environment for those involved, highlighting the system's comprehensive approach to protection.
When filling out the Civil Harassment Restraining Order After Hearing (Form CH-130), there are essential dos and don'ts to keep in mind to ensure the form is completed accurately and effectively. Here are some tips:
Remember, the main goal of this form is to provide protection and ensure your safety. Completing it with attention to detail and accuracy is paramount. If you have any doubts or questions while filling out this form, consider seeking guidance from a legal professional or a trusted advocacy group.
Understanding the Civil Harassment Restraining Order, detailed in form CH-130, is crucial for anyone seeking protection or those subject to a restraining order. However, misconceptions can arise, leading to confusion and potential non-compliance. Let's address four common misunderstandings:
Only physical violence warrants a restraining order: Many believe that a restraining order, like the one issued using form CH-130, can only be obtained in cases of physical violence. This is incorrect. The form clearly outlines that harassment, intimidation, threats, and even disturbing someone’s peace are grounds for a restraining order. Actions don't have to be physical to be considered harmful or threatening.
Restraining orders affect child custody directly: A common misconception is that filing for a restraining order will immediately affect child custody cases. While the safety and well-being of the children will always be a court's priority, and any form of harassment or abuse taken very seriously, a CH-130 order specifically focuses on preventing certain behaviors from the restrained person. Issues of custody are addressed separately, although the order can include provisions concerning children's safety.
The order is effective immediately without service: It's often thought that once a judge signs the restraining order, it is instantly in effect. However, as outlined in the CH-130 form, the restrained person must first be served with the order. The enforcement of the order's conditions, including stay-away directives and personal conduct restrictions, can only legally commence after service is confirmed. This is crucial for the restraining order to be enforceable by law enforcement.
Limited to preventing physical contact: There is a belief that restraining orders only prevent the restrained person from physically approaching or contacting the protected person. In reality, the CH-130 restraining order encompasses a broad range of prohibitions, including indirect contact through electronic means, attempts to obtain personal information, and even specifies conditions under which lawful, non-violating contact can occur (e.g., through legal representatives for court matters).
Correcting these misconceptions is vital to ensure that individuals seeking protection through a restraining order fully understand their rights and the order's capabilities. Likewise, those subject to an order should be aware of their legal obligations and the potential consequences of non-compliance. Knowledge and clarity about the process and implications of a Civil Harassment Restraining Order can significantly impact the effectiveness of these legal protections.
Understanding the complexities and the gravity of the Civil Harassment Restraining Order, officially known as Form CH-130, is crucial for individuals seeking protection under the law. Here are five key takeaways that highlight the importance and utility of this legal document:
Each of these components plays a pivotal role in the efficacy and enforcement of the Civil Harassment Restraining Order, serving as both a shield for the victim and a deterrent against the perpetrator. Understanding the legal machinery that activates once Form CH-130 is filed is essential for anyone seeking refuge under its provisions.
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