COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : (Attach to the program contract) Index No.
RESTATEMENT OF TRANSITIONAL HOUSING MISCONDUCT ACT : Calendar No.
(Health and Safety Code section 50580 et seq.)
YOU HAVE RIGHTS AND Plaintiff(s) RESPONSIBILITIES UNDER THE LAW
-against: When you sign your housing contract, you agree to follow the program's rules. If you break those rules, the program operator can ask a court to order you to obey the rules or to move out of the program housing in some cases. The program operator can get these orders if you abuse certain other people or engage in program misconduct. Abuse is attacking, : striking, battering, or sexually assaulting another participant, a program employee, or an immediate neighbor of the program site, or threatening or attempting to do so. Program misconduct is intentional behavior that substantially interferes with the running of the : program and involves drunkenness, unlawful use or sale of drugs, theft, arson, destruction of property, violence or threats of violence, or harassment. Defendant(s) : The program .operator must follow.the .procedures outlined . . . . . to. get .a. court. order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . below . . . . . .
TEMPORARY RESTRAINING ORDERS
A program operator can get orders that go into effect immediately without a court hearing. These temporary orders can forbid you from breaking the program rules or doing certain things. THE PEOPLE OF THE STATE OF NEW YORK The program operator must tell you or your attorney (if you have one) before asking the court for these orders, unless he or she has a good reason for not notifying you. The program operator cannot get a temporary order to make you move from housing unless he or she TO convinces the judge that you will cause serious bodily injury to another participant, a program employee, or an immediate neighbor of the program site before a full hearing can be held. If you have lived in program housing for at least six months since signing your contract, the program operator cannot get a temporary restraining order against you unless another order is already in effect or an action is pending against you. He or she can still get a "permanent" order for up to one year. GREETINGS:
"PERMANENT" ORDERS (Orders After a Hearing)
The program operator can get orders lasting up to one year that forbidexcuses being laid aside, you rules each of you in abuse. These WE COMMAND YOU, that all business and you from breaking the program and or engaging attend before orders are sometimes called "permanent" orders because they last longer than the temporary orders. , the Honorable at the Court Before the program operator can get a permanent order, there must be a full hearing before a judge. At this hearing, both you and the located at County of program operator can be represented by attorneys and present evidence and testimony. If you do not attend the hearing, the court may in room you that,last up to one year. of on the day , 20 , at o'clock in the noon, and at any recessed make orders against or adjourned date, to testify and give evidence as a witness in this action on the part of the At least two days before the hearing, someone must give you a copy of the request for the orders, a notice of the hearing (called an "Order to Show Cause"), the instructions and legal forms you need to fight the orders, and any materials the program operator will use at the hearing to get the orders. If the program operator proves you engaged in abuse or program misconduct, the court can order you to stop the behavior. If the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to program operator proves abuse by clear and convincing evidence and shows that you might do it again, the court can order you to move the party on whose behalf this or both. was issued for a maximum penalty of $50 and all damages sustained as a out of or stay away from program housing, subpoena
result of your failure to comply.
YOU CAN FIGHT THE ORDERS
Read the papers you receive very carefully, especially the description of what the program operator said happened. If you disagree with Witness, be unfair for , HEARING Justices of the the facts or you think it would Honorable the court to grant orders against you, GO TO THE one of the and tell the judge your side of the story. You can also fight the program operator's request for orders ,by filing a response telling your side of the story. You do not have Court in County, day of 20 to pay to file a response. Forms and instructions for filing a response are available from the county clerk's office. You also should receive these forms with the notice of the hearing. The name, address, and phone number of the legal services office in your county must be on the notice of hearing. You may be able to get free legal advice from that office. (Attorney must sign above and type name below) If you need more time to find an attorney or to prepare a response, you must ask the judge for a continuance (extension) on or before the hearing date shown on the notice of the hearing. If you are found in contempt of court for disobeying the court's orders, the court can change the orders to force you to move out of the program housing. I have read this restatement of the law. I understand it becomes part of my housing contract.
DISOBEYING THE ORDERS MAY MEANAttorney(s) for TO MOVE OUT YOU HAVE
Office and P.O. Address
SIGNATURE OF PARTICIPANT DATE
Form Approved by the Judicial Council of California TH-190 [New July 1, 1992]
Telephone No.: Facsimile No.: SIGNATURE OF PROGRAM OPERATOR E-Mail Address: RESTATEMENT OF TRANSITIONAL HOUSING Tel. No.: Mobile MISCONDUCT ACT
(Transitional Housing Misconduct)
DATE Health & Safety Code, § 50580 et seq.
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