CH-140 Restraining Order After Hearing to Stop Harassment (California)
This form is a restraining order after a hearing to stop harassment in California. The form provided here is simply a sample of what the actual Form CH-140 looks like.
CH-140 Restraining Order After Hearing to Stop Harassment
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
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Fill in court name and street address:
Superior Court of California, County of
______________________________
______________________________
Fill in case number:
Case Number: ______________________________
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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 ______________________________
State Bar number ______________________________
2. Name of person to be restrained: ______________________________
Description:
Sex: ____ M ____F
Height: ______________________________
Weight: ______________________________
Race: ______________________________
Hair Color: ______________________________
Eye Color: ______________________________
Age: ______________________________
Date of Birth: ______________________________
3. Hearing
There was a hearing:
on (date): ______________________________
at (time): ______________________________ ____ a.m. ____ p.m.
Dept.: ______________________________
Rm: ______________________________
______________________________ (Name of judicial officer) made the orders at the hearing.
These people were at the hearing:
a. ____ Plaintiff (the person in 1)
b. ____ Defendant (the person in 2)
c. ____ Plaintiff's lawyer (name): ______________________________
d. ____ Defendant's lawyer (name): ______________________________
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.
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.
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.
Stay-Away Order
You must stay at least (specify): ______________ yards away from:
a. ____ The person listed in 1
b. ____ The people listed in 11
c. ____ The home of the persons in 1 and 11
d. ____ Jobs or workplaces of the persons in 1 and 11
e. ____ Vehicle of person in 1, Vehicles of persons in 11
f. ____ The protected children's school or child care
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 work.
8. 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 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 CH-145 for this.)
10. Other Orders (specify):
______________________________
______________________________
11. Other Protected Persons
List of the full names of all family and household members protected by these orders:
______________________________
______________________________
Instructions for the Protected Person
To the person in 1 (Write the name of the person in 1): ______________________________
12. 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:
Name of Law Enforcement Agency: ______________________________
Address ______________________________
City ______________________________
State ______________________________
Zip ______________________________
Name of Law Enforcement Agency: ______________________________
Address ______________________________
City ______________________________
State ______________________________
Zip ______________________________
13. 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 stalking or a credible threat of violence resulting from a threat of sexual assault or 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 9 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 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