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CH-120, Notice of Hearing and Temporary Restraining Order (California)

This form is a court-ordered notice of hearing and temporary restraining order in California. The form provided here is simply a sample of what the actual Form CH-120 looks like. The court has made the temporary orders indicated below against you. You must obey all these orders.

Judicial Council of California, www.courtinfo.ca.gov
Revised January 1, 2005, Mandatory Form
Code of Civil Procedure, §§ 527.6 and 527.9
Approved by DOJ

CH-120 Notice of Hearing and Temporary Restraining Order

CH-120 Restraining Order Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of _________________________

Court fills in case number when form is filed.

Case Number: _________________________

1. Name of person asking for protection: _________________________

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 number (optional): (______) _________________________

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

_________________________

_________________________

_________________________

2. Name of person to be restrained: _________________________

Description of that person:

Sex: M F

Height: _________________________

Weight: _________________________

Race: _________________________

Hair Color: _________________________

Eye Color: _________________________

Age: _________________________

Date of Birth: _________________________

Home Address (if known): _________________________

City: _________________________

State: _________________________

Zip: _________________________

Work Address (if known): _________________________

City: _________________________

State: _________________________

Zip: _________________________

To the person in 2: _________________________

3. Notice of Hearing

A court hearing is scheduled on the request for orders against you to stop harassment:

Hearing Date: _________________________

Time: _________________________

Name and address of court if different from above: _________________________

Dept.: _________________________

Rm.: _________________________

If you do not want the court to make orders against you, file Form CH-110. Then go to the hearing and tell the court why you disagree. You may bring witnesses and other evidence. If you do not go to this hearing, the court may make restraining orders against you that could last up to 3 years.

4. Court Orders

The court (check a or b):

a. ____ Has scheduled the hearing stated in 3. No orders are issued against you at this time.

b. ____ Has scheduled the hearing stated in 3 and has issued the temporary orders against you specified on page 2. If you do not obey these orders, 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.

Temporary Orders Against the Restrained Person

(Write the name of the person in 2): _________________________

The court has made the temporary orders indicated below against you. You must obey all these orders. These orders will expire on the date of the hearing listed in 3 unless they are extended by the court.

5. Personal Conduct Orders

You must not do the following things to the people listed in 1 and 10:

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.

Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this Order.

6. Stay-Away Order

You must stay at least (specify): _________________________ yards away from:

a. ____ The person listed in 1
b. ____ The people listed in 10
c. ____ The home of the persons in 1 and 10
d. ____ Jobs or workplaces of the persons in 1 and 10
e. ____ Vehicle of person in 1 ____ Vehicles of persons in 10
f. ____ The protected children's school or childcare
g. ____ Other (specify): _________________________

This stay-away order does not prevent the person in from going to or from that person's home or place of employment.

7. 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.

8. 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 48 hours of receiving this order. But if you were at a hearing on this order, it must be done within 24 hours of the hearing.

• Bring a receipt to the court within 72 hours of receiving this order, to prove that guns have been turned in or sold. (You may use Form CH-145 for this.)

9. Other Orders (specify): _________________________

_________________________

_________________________

10. Other Protected Persons

List of the full names of all family or household members protected by these orders:

_________________________

_________________________

Instructions for the Protected Person

To the person in 1: (Write the name of the person in 1): _________________________

11. Service of Order on Law Enforcement

If the court issues temporary restraining orders, by the close of business on the date the orders are made, you or your lawyer should deliver a copy of this Order and any proof of service forms to each law enforcement agency listed below.

Name of Law Enforcement Agency: _________________________

Address (City, State, Zip) _________________________


Name of Law Enforcement Agency: _________________________

Address (City, State, Zip) _________________________


Name of Law Enforcement Agency: _________________________

Address (City, State, Zip) _________________________

12. Service of Documents

You must have someone personally deliver to the person in a copy of all the documents checked below:

a. ____ CH-120, Notice of Hearing and Temporary Restraining Order (CLETS) (completed and file-stamped)

b. ____ CH-100, Request for Orders to Stop Harassment (completed and file-stamped)

c. ____ CH-110, Answer to Request for Orders to Stop Harassment (blank form)

d. ____ CH-145, Proof of Firearms Turned In or Sold (blank form)

e. ____ CH-151, How Can I Answer a Request for Orders to Stop Harassment?

f. ____ Other (specify): _________________________

You must file with the court before the hearing a proof of service of these documents on the person in 2.

13. Time for Service (check a, b, or c)

a. ____ A copy of the documents listed in 12 must be served in person to the person in at least 5 days before the hearing.

b. ____ A copy of the documents listed in 12 must be served in person to the person in at least 2 days before the hearing.

c. ____ A copy of the documents listed in 12 must be served in person to the person in at least _____ days before the hearing.

14. No Fee for Filing

Filing fees are waived.

15. No Fee for Service of Order by Law Enforcement

The sheriff or marshal will serve this Order without charge because the order is based on a credible threat of violence resulting from a threat of sexual assault or on stalking.

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 above. The court will ask you for proof 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 Order are subject to criminal penalties.

Requests for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before the hearing. Contact the clerk's office for Request for Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code, § 54.8)

(Clerk will fill out this part)

--Clerk's Certificate--

I certify that this Notice Clerk's Certificate of Hearing and Temporary Restraining Orders is a true and correct copy of the original on file in the court.

Date: _________________________

Clerk, by _________________________, Deputy


Clerk's Certificate

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