Free CH-140 Restraining Order After Hearing to Stop Harassment (CLETS) (Civil Harassment) - California

CH-140

Restraining Order After Hearing to Stop Harassment

Clerk stamps date here when form is filed.

1 Your name (person asking for protection): Your address (skip this if you have a lawyer): (If you want your address to be private, give a mailing address instead):

City:

State:

Zip:

Your telephone (optional): ( ______ )________________________ Your lawyer (if you have one): (Name, address, telephone number, and State Bar number):

Fill in court name and street address: Superior Court of California, County of

2

Name of person to be restrained:

Fill in case number: Case Number:

Description: Sex: M F Height: Weight: Eye Color: Age: Race: Date of Birth: Hair Color: 3

Hearing
There was a hearing: on (date): at (time): a.m. p.m. Dept.: Rm: made the orders at the hearing. (Name of judicial officer) These people were at the hearing: a. b. Plaintiff (the person in
1

)
2

c. ) d.

Plaintiff's lawyer (name): Defendant's lawyer (name):

Defendant (the person in

4

This Is a Court Order
You must obey all the orders indicated below. If you do not obey this Order, you can be arrested and charged with a crime. And you may have to go to jail, pay a fine of up to $1,000, or both.

5

Expiration Date
This Order, except for an award of lawyer's fees, expires at: (time): a.m. p.m. or midnight on (date): If no date is present, this Order expires three years from the date of issuance.

This is a Court Order.
Judicial Council of California, www.courtinfo.ca.gov Revised July 1, 2007, Mandatory Form Code of Civil Procedure, §§ 527.6 and 527.9 Approved by DOJ

Restraining Order After Hearing to Stop Harassment (CLETS)
(Civil Harassment)

CH-140, Page 1 of 3

Case Number:

Your name: 6

Personal Conduct Orders
You must not do the following things to the people listed in 1 and 11 : a. Harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, destroy personal property, keep under surveillance, or block movements. b. Contact (directly or indirectly), telephone, send messages, mail, or e-mail. Take any action, directly or through others, to obtain the addresses or locations of the persons in 1 and c. 11 . (If item c is not checked, the court has found good cause not to make this order.) Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case does not violate these orders.

7

Stay-Away Order
You must stay at least (specify): a. b. c. d. The person listed in The people listed in
1 11 11

The home of the persons in 1 and Jobs or workplaces of the persons in 1 and 11

yards away from: e. Vehicle of person in 1 Vehicles of persons in The protected children's school or child care f. g. Other (specify):

11

This stay-away order does not prevent the person in work. 8

2

from going to or from that person's home or place of

No Guns or Other Firearms
You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get a gun or firearm.

9

Turn In or Sell Guns or Firearms
You must: · Sell to a licensed gun dealer or turn in to police any guns or firearms that you possess or control. This must be done within 24 hours of being served with this order.

·
10

File a receipt with the court within 48 hours of receiving this order that proves guns have been turned in or sold. (You may use CH-145 for this.)

Other Orders (specify):

11

Other Protected Persons
List of the full names of all family and household members protected by these orders:

This is a Court Order.
Revised July 1, 2007

Restraining Order After Hearing to Stop Harassment (CLETS)
(Civil Harassment)

CH-140, Page 2 of 3

Case Number: Your name:

Instructions for the Protected Person
To the person in 12
1

(Write the name of the person in

1

):

Delivery to Law Enforcement
If the court issues restraining orders, by the close of business on the date this Order is made, you or your attorney must deliver a copy of this Order and any proof of service forms to each law enforcement agency listed below: Address (City, State, Zip) Name of Law Enforcement Agency:

13

No Fee for Service of Order by Law Enforcement
The sheriff or marshal will serve this Order without charge because: a. The Order is based on stalking. b. The Order is based on a credible threat of violence. c. The person in 1 is entitled to a fee waiver. Date:
Judicial Officer

Warnings and Notices to the Restrained Person in 2 You Cannot Have Guns or Firearms
You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a licensed gun dealer or turn in to police any guns or firearms that you have or control in accordance with item 9 above. The court will require you to prove that you did so. If you do not obey this Order, you can be charged with a crime.

Instructions for Law Enforcement
This Order is effective when made. It is enforceable anywhere in all 50 states, the District of Columbia, all tribal lands, and all U.S. territories and shall be enforced as if it were an Order of that jurisdiction 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 Law Enforcement Telecommunications System (CLETS). 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 shall advise the restrained person of the terms of the Order and then shall enforce it. Violations of this restraining order are subject to criminal penalties.
(Clerk will fill out this part)

Clerk's Certificate
Clerk's Certificate [seal]

I certify that this Restraining Order After Hearing to Stop Harassment (CLETS) is a true and correct copy of the original on file in the court.

Date:

Clerk, by

, Deputy
CH-140, Page 3 of 3

This is a Court Order.
Revised July 1, 2007

Restraining Order After Hearing to Stop Harassment (CLETS)
(Civil Harassment)