How to Fill Out and File Form CH-100: Civil Harassment Restraining Order

To fill out Form CH-100, you complete a California Judicial Council petition that identifies you, names the person you want restrained, describes the harassment in dated detail, and checks the boxes for the specific orders you want a judge to issue. You file it at the clerk’s window of your local superior court along with a small packet of companion forms. A judge reviews the request within a day or two, decides whether to grant temporary protection, and sets a hearing within 21 to 25 days.1California Legislative Information. California Code of Civil Procedure CCP 527.6

Before You Start: Is CH-100 the Right Form

CH-100 is for civil harassment — harassment by someone who is not a close relative and not someone you have dated. Neighbors, coworkers, roommates, acquaintances, and strangers fit here. If the person is a spouse, former partner, parent of your child, or close family member, you need a domestic violence restraining order on form DV-100 instead.

California Code of Civil Procedure section 527.6 covers three situations: unlawful violence, a credible threat of violence, or a pattern of conduct directed at you that seriously alarmed or harassed you, served no legitimate purpose, and caused substantial emotional distress a reasonable person would also feel.1California Legislative Information. California Code of Civil Procedure CCP 527.6 One violent act or credible threat can qualify. So can repeated unwanted contact, following, or showing up at your home.

The Forms You’ll File With CH-100

CH-100 is the petition, but it doesn’t stand alone. Download all forms free from courts.ca.gov and prepare them before heading to the courthouse.2California Courts. The Restraining Order Process for Civil Harassment Cases

  • CH-100 (Request for Civil Harassment Restraining Orders) — the main petition. Bring the original and at least two copies.
  • CH-109 (Notice of Court Hearing) — blank; the clerk fills in the hearing date.
  • CH-110 (Temporary Restraining Order) — complete only items 1, 2, and 3. The judge finishes the rest.
  • CLETS-001 (Confidential CLETS Information) — identifying details about the person to be restrained, so the order can be entered into the California Law Enforcement Telecommunications System. The CH-100 form itself directs you to complete this.3Judicial Council of California. Request for Civil Harassment Restraining Orders
  • CH-130 (Restraining Order After Hearing) — complete only items 1, 2, and 3.

Some courts also require a Civil Case Cover Sheet (CM-010). If you can’t afford filing fees, add FW-001. Ask your local court’s self-help center about any additional local forms.

Filling Out CH-100 Item by Item

Items 1 Through 3: The People Involved

Item 1 asks for your full legal name, address, and contact information. If your safety depends on keeping your home address private, use a mailing address instead. Item 2 asks for the full name, age, and address of the person you want restrained. Fill in what you know; leave what you don’t. Physical description details go on CLETS-001, not on CH-100.3Judicial Council of California. Request for Civil Harassment Restraining Orders Item 3 lets you name other household members who need protection under the same order.

Item 7: Describing the Harassment

This is the section the judge will read most closely. Start with the most recent incident, even if it wasn’t the worst one, because judges look at how current the threat is. For each incident, give the date (or your best estimate), the location, and specifically what the person did or said. Note any threats, any weapons, and any witnesses. If police were involved, include the report number.4California Courts. Fill Out Civil Harassment Restraining Order Forms

Item 7(b) is for earlier incidents. Describe how long the harassment has gone on, how often it happens, and what physical or emotional harm you’ve experienced. If you run out of space, attach form MC-025 or a plain sheet. You can also attach copies of texts, emails, photographs, or other supporting evidence.

Items 8 Through 11: What You Want the Judge to Order

Item 8 covers personal conduct orders. Check the boxes for the behavior you want prohibited: contact by phone, text, email, mail, or in person. You can extend these protections to everyone listed in item 3.

Item 9 covers stay-away orders. Write in the distance you’re asking the person to keep from your home, workplace, school, vehicle, and your children’s school or daycare. The form does not set a default; you fill in the number of yards, and the judge decides what to grant.3Judicial Council of California. Request for Civil Harassment Restraining Orders Most petitioners request 100 yards, though you can request more if your situation calls for it.

Item 11 is where you ask for temporary protection before the hearing. Check the box if you want the judge to consider issuing a temporary restraining order right away.

Item 13: The Fee Section

Items 13, 13a, and 13b let you tell the court that the harassment involved violence, stalking, or threats of violence. Checking these means no filing fee is required by law. If your petition doesn’t involve violence or threats and you can’t afford the fee, check items 13 and 13c and also file FW-001 to request a waiver.4California Courts. Fill Out Civil Harassment Restraining Order Forms

What It Costs to File

If your petition alleges violence, a credible threat of violence, or stalking, there is no filing fee. You also won’t pay for subpoenas or for the other party’s response, and sheriff service of process is free.1California Legislative Information. California Code of Civil Procedure CCP 527.6

If your petition is based on nonviolent conduct — persistent unwanted contact without physical threats — the standard filing fee is $435.5Judicial Council of California. Superior Court of California Statewide Civil Fee Schedule Riverside, San Bernardino, and San Francisco counties add a small local surcharge. If you can’t afford the fee, form FW-001 requests a waiver based on low income or public benefits.6California Courts. Request to Waive Court Fees

Filing the Packet and What Happens Next

Take your completed packet to the clerk’s window at your local superior courthouse. The clerk stamps the papers, assigns a case number, and routes everything to a judge, often that same day. The judge reviews your written request and decides whether to issue a temporary order without the other party present.2California Courts. The Restraining Order Process for Civil Harassment Cases

If granted, the temporary order takes effect immediately and lasts up to 21 days, or up to 25 days if the court extends the hearing date. The clerk fills in the hearing date on CH-109 and returns your copies. If the judge denies temporary protection, the hearing still goes forward. A denial only means the court didn’t see enough urgency for immediate orders.1California Legislative Information. California Code of Civil Procedure CCP 527.6

Serving the Other Party

The person you named must be personally handed copies of the filed CH-100, the temporary order (if granted), and the notice of hearing. You cannot do this yourself. Someone 18 or older who is not a party to the case must deliver the papers. A friend, a professional process server, or the county sheriff can handle it.

Service must happen at least five days before the hearing. The court can shorten that deadline for good cause. If you made a genuine effort but couldn’t get the papers served, for instance because the person is avoiding you, the judge can authorize an alternative method of service at the hearing.1California Legislative Information. California Code of Civil Procedure CCP 527.6

Whoever delivered the papers fills out a proof of service form. It has to identify the documents served, who was served, where and when, and who performed the service.7California Courts. Proof of Service – Civil File the completed proof of service with the court before your hearing date. Without it, the judge cannot proceed.

The Hearing

The hearing is set within 21 days of the ruling on your temporary order request, or up to 25 days with good cause.1California Legislative Information. California Code of Civil Procedure CCP 527.6 Both sides can speak, present evidence, and bring witnesses. Bring three sets of everything: photographs, screenshots, police reports, medical records. One for you, one for the other side, one for the court.

The judge can ask questions independently and isn’t limited to what either party presents. To grant a restraining order after hearing, the judge must find by clear and convincing evidence that unlawful harassment occurred.1California Legislative Information. California Code of Civil Procedure CCP 527.6 That is a higher bar than the standard used in most civil cases. Your evidence needs to be persuasive enough that there’s no serious doubt. Judges typically rule the same day.

If the Order Is Granted

An order issued after a hearing can last up to five years. If the order itself doesn’t specify a date, it expires three years from issuance. You can renew for up to five more years by filing a new petition within three months before the order expires, and you don’t need to show any new harassment.1California Legislative Information. California Code of Civil Procedure CCP 527.6

Once any civil harassment restraining order is in place, including a temporary one, the restrained person cannot own, possess, purchase, or receive firearms or ammunition for the duration of the order. Any firearms they have must be surrendered to law enforcement, sold to a licensed dealer, or transferred to a licensed dealer for storage. The order sets a deadline for proof of surrender. Violating the firearm prohibition is a criminal offense punishable by up to one year in county jail, a fine of up to $1,000, or both.

After the judge signs the order, you or your attorney must deliver a copy to a law enforcement agency with jurisdiction over your residence by the close of business that same day. This gets the order into the statewide database so officers can enforce it if the restrained person violates the terms.1California Legislative Information. California Code of Civil Procedure CCP 527.6