Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.
Click here to download this guide as a pdf.
BACKGROUND
This guide is intended to provide simple instructions on how to request that the Sacramento County court issue a civil harassment restraining order. A civil harassment restraining order is an order directing a person not to harass or engage in violence against you. The procedure to obtain one is similar to the procedure used to obtain a domestic violence restraining order.
Civil harassment restraining orders differ from family law domestic violence restraining orders in that no existing or prior family or romantic relationship is required between the person to be protected and the person from which he or she seeks protection. You may seek protection if you are worried about your safety because you are being:
stalked
harassed
sexually assaulted
threatened
by someone you do not have a family or past or present romantic relationship with, like a neighbor or roommate.
Step 1: Preparation
In order to complete the forms necessary to obtain a civil harassment restraining order, you will need to gather:
- The name and physical description of the person to be restrained.
- Any information you will need to describe the last few instances in which the person to be restrained engaged in stalking, harassment, violence, threat, or sexual assault against you, including what was said/done and what persons were witnesses.
- If the person to be restrained does not know your address, you may wish to obtain a separate mailing address, such as a P.O. Box, to use on your court papers.
- Restraining order requests must be filed in person by the person requesting the order or an attorney. You will need to plan to have time to file the request at the court. If you file your request before 11:00 a.m., the court will review your request and issue temporary orders and/or set a hearing date at 4:00 p.m. the same day, so you will need to return to the court in the afternoon to pick up the temporary orders. Plan your schedule accordingly.
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Step 2: FILL OUT THE FORMS
You will need the following forms to request your restraining order:
These forms may be downloaded from www.courts.ca.gov in a fill-in PDF format.
The following form may also be informative.
The following local forms required in Sacramento may be downloadable from www.saccourt.ca.gov.
CIVIL CASE COVER SHEET (CM-010) This form is used by the court for statistical purposes, and is required when filing any new request for issuance of a civil harassment restraining order.
In the top box that says "ATTORNEY OR PARTY WITHOUT ATTORNEY" write your name, mailing address, and optionally phone number. On the line that says "ATTORNEY FOR" write "In Pro Per" which is an abbreviation for a Latin phrase meaning you are representing yourself. If you do not want the person to be restrained to know your address, be sure to use a mailing address, such as a PO Box, or other address that will not compromise your safety, but where you can reliably receive mail.
In the box below write the court's information. In Sacramento, civil harassment restraining orders are handled by the family relations court, located at 3341 Power Inn Rd., Sacramento, CA 95826.
In the box that says "CIVIL CASE COVER SHEET" check the box that says "Unlimited."
In paragraph 1, check the box for "Other petition," which is the final case type in the lower right corner of the box.
In paragraph 2 indicate that the case is not complex.
In paragraph 3 indicate that you are seeking nonmonetary, declarative or injunctive relief (a civil harassment restraining order does not seek monetary damages).
In paragraph 4, indicate that there is one cause of action.
In paragraph 5, note that this is not a class action lawsuit.
Finally, date, print your name, and sign where indicated.
The second page of the Civil Case Cover Sheet is instructional only, and is not necessary. 
Civil Case Cover Sheet (CM-010) (Click here for full sized version)
PETITION FOR INJUNCTION PROHIBITING HARASSMENT AND APPLICATION FOR TEMPORARY RESTRAINING ORDER (CH-100)
In paragraph 1, fill in your information (name, address, and optionally telephone number). If you do not want the person to be restrained to know your address, be sure to use a mailing address such as a PO Box or other address that will not compromise your safety. Since you are completing these forms without an attorney, the information about your lawyer is left blank.
In paragraph 2, complete as much information as you know about the person to be restrained. At the very least you will need a name and a physical description of the person.
In paragraph 3, provide information about any family or household members that you who need protection from the person to be restrained.
In paragraph 4, check the box or boxes that describe why Sacramento County is the proper court to hear your request.
In paragraph 5, briefly describe how you know the person you are seeking an order.
In paragraph 6, describe the harassment or violence. If you require more space, you may attach a page. In Sacramento, the court has a mandatory local form "Attachment to Petition for Injunction Prohibiting Harassment (FL-527)" which is always attached to describe the last three incidents of violence, harassment, or stalking.
Please keep in mind that the temporary orders will be issued based upon what is written on the form. You will not be speaking to the judge on the day that you are filing. For this reason it is critical that you describe the violence, harassment, or stalking clearly and with enough detail so that a judge who is not familiar with you or your situation will understand why you need protection.
Paragraph 7 is used to request personal conduct orders. To request that the person you are seeking protection from be ordered not to harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, or stalk you, destroy your personal property, keep you under surveillance, or block your movements check box 7(a). To request that person not to contact you (either directly or indirectly), or telephone, send messages, mail, or e-mail, check box 7(b). It is possible to check both boxes. If you are requesting either or both of the types of orders described above, be sure to also check the box in front of the words "Personal Conduct Orders."
Paragraph 8 is used to request stay away orders. If you are requesting that the person you are seeking protection from be ordered to stay at least a specified distance from you, your home, your workplace, your vehicle, your children's school or daycare, or some other place, check the box at the beginning of the paragraph, write the distance that you are requesting the person to stay away from you (in yards), and then check the boxes for the places that you wish him or her to be ordered to stay away from.
If the court grants your stay away order, would the person you are seeking protection from still be able to get to his or her home, school, and job? If so, check the yes box. If no, check the no box, and explain how the order would prevent it. The court is likely to grant limited exceptions to a restraining order to make sure that the person who is restrained is able to get to and from his or her home, job, or school, so a detailed description is required to help ensure that the court crafts an appropriate exception.
Check the box at the beginning of paragraph 9 if you are asking to protect other family members (that you listed in paragraph 3) with your restraining order, and check the "Yes" box below. In the lined space, describe clearly and concisely why this person or persons should be protected by the restraining order.
Check box 11 if you are requesting that the court make other orders, and specify the order or orders you are request in the provided lines. The court will set a hearing date to determine whether to issue a restraining order that may last as long as three years.
Check box 12 and the "Yes" box in paragraph 12 if you want temporary orders made until the date of this hearing. In the space provided, or on an attached page labeled "Attachment 12" describe the reason temporary orders are necessary.
In paragraph 13, list the name and address of the law enforcement agency or agencies to which you will give copies of your restraining order.
In paragraph 14, if you have ever asked any court for a restraining order against the person you are seeking a protection from, check the box, for 14, and the "Yes" box, and then write the case information in the space below. Otherwise check the "No" box.
Typically the time to have the application for a restraining order served (delivered by someone over the age of 18 other than yourself who then fills in the proof of service form CH-130) on the person to be restrained at least 5 days before the hearing. If you need an order allowing less time, check the box in paragraph 15 and explain why in the space provided or on an attachment.
If your request for a restraining order is based upon violence or the credible threat of violence or stalking, check box 16. Filing fees are waived for restraining order requests if they are to protect a person from violence or stalking. If your filing fee is not waived because your restraining order is based upon non-violent/non-stalking harassment, you may still be able to have your filing fees waived by submitting to the court a request to have your fees waived based upon your financial situation.
Normally, any restraining order that is issued must be served on the person restrained. If your restraining order is based upon stalking, a credible threat of violence, or you would otherwise qualify for a fee waiver, you may have the Sheriff serve your restraining order at no cost. (If you do not qualify, they will still serve the order for a fee). If your request is based on stalking, or the credible threat of violence, check box 16, and the appropriate box in paragraph 16. You may also qualify for a fee waiver based upon your financial circumstances.
If you meet the criteria for a fee waiver (you receive specific types of public assistance such as CalWorks, Food Stamps, or MediCal), or your income is below a specific amount, so that you qualify for an automatic fee waiver, check box 17, and box 17(c).
If you have an attorney, he or she may ask the court to order payment of lawyer's fees from the party to be restrained in paragraph 18. You may use paragraph 18 if you experienced out-of-pocket expenses in obtaining the restraining order.
In paragraph 20, write the number of pages attached, and then date, print your name and sign on the bottom signature line. Do not sign on the line that says "Lawyer's Name" as this is only used if a lawyer is preparing these papers.
SACRAMENTO LOCAL FORM- ATTACHMENT TO PETITION FOR INJUNCTION PROHIBITING HARASSMENT
In Sacramento, complete the local form "Attachment to Petition for Injunction Prohibiting Harassment (FL-527)" This attachment expands on the information typically provided in paragraph 6, by extending the description of harassment to the last three incidents, so that the court may better understand a pattern of behavior.
It is extremely important to that the descriptions be legible and clear. Remember that this is being read by a person who is learning about your situation for the first time. You will not be able to go in front of the judge on the day it is decided whether or not temporary restraining orders will be granted. Your temporary orders will be based solely on your written statement.
Request for Orders to Stop Harassment (CH-100), Page 1 (Click here for full sized version)
Request for Orders to Stop Harassment (CH-100), Page 2 (Click here for full sized version)
Request for Orders to Stop Harassment (CH-100), Page 3 (Click here for full sized version)
Request for Orders to Stop Harassment (CH-100), Page 4 (Click here for full sized version)
Attachment to Petition for Injunction Prohibiting Harassment (FL-527) (Click here for full sized version)
NOTICE OF HEARING AND TEMPORARY RESTRAINING ORDER (CH-120)
In paragraph 1, fill in your information (name, address, and optionally telephone number). If you do not want the person to be restrained to know your address, be sure to use a mailing address such as a PO Box or other address that will not compromise your safety.
Since you are completing these forms without an attorney, the information about your lawyer is left blank.
In paragraph 2, complete as much information as you know about the person to be restrained. At the very least you will need a name and a physical description of the person.
Paragraph 3 will be completed by the court. When these forms are returned by the court, the date, time, and department of the hearing for your request for a restraining order will be listed. Please be sure to go to court on that date and time, and in that department, or else your request cannot be granted. If you have any temporary restraining orders, they will expire on the date of the hearing.
Paragraph 4 will be completed by the court, and will indicate whether temporary restraining orders were issued.
In paragraphs 5 and 6, complete the request for personal conduct orders and stay-away orders exactly like you did in paragraphs 7 and 8 in the Request for Orders to Stop Harassment.
In paragraph 10, if you listed any persons to be protected in paragraph 9 of your request for a protective order, check the box and list the person or persons in box 10, that you listed in paragraph 9 of your request.
List the law enforcement agencies listed in paragraph 13 of the Request in paragraph 11 of the Notice of Hearing and Temporary Restraining Order.
All of the documents listed in paragraph 12 will need to be served on the person to be restrained. Check boxes 12(a) to 12(e).
Check box 13(a) unless you have requested an order allowing for service of the Request to be done fewer than 5 days before the hearing, in which case, check box and complete 13(b) or 13(c), as appropriate.
If your fees are waived due to violence, threat of violence, or stalking, check box 14.
If your fees are waived due to violence, threat of violence, stalking, or a fee waiver, check box 15.
Notice of Hearing and Temporary Restraining Order (CH-120), Page 1 (Click here for full sized version)
Notice of Hearing and Temporary Restraining Order (CH-120), Page 2 (Click here for full sized version)
Notice of Hearing and Temporary Restraining Order (CH-120), Page 3 (Click here for full sized version)
Notice of Hearing and Temporary Restraining Order (CH-120), Page 4 (Click here for full sized version)
COMPLETING THE REQUEST AND ORDER FOR FREE SERVICE OF RESTRAINING ORDER (FL/E-LP-635) (local Sacramento County form)
In Sacramento County, if a fee waiver is granted, the protected party may have the Sheriff serve the restraining order without cost on the restrained party.
Even if a protected person would not financially qualify for a fee waiver, restraining orders based upon a credible threat of violence or stalking can be served by the Sheriff at no cost.
To request this free service, the Sacramento County Superior Court has a local form, "REQUEST AND ORDER FOR FREE SERVICE OF RESTRAINING ORDER (FL/E-LP-635)" If this order is granted, you may have the Sherriff's department serve your restraining orders at no cost.
To complete this form, put your name, address, and telephone number in the box that says "Attorney or Party without Attorney." In the line that says "Attorney for:" write "In Pro Per" to indicate you are representing yourself. The court's address is already completed on the form.
Write your name and address where indicated in paragraph 1.
Write the name of the person you are seeking protection from in paragraph 2.
In paragraph 3, check box b, and then check box (1) or (2), or both, as appropriate. If neither of these apply, you will need to pay the Sheriff's fee for service unless you receive a fee waiver based on your financial status. If you will not be using the Sheriff to serve your restraining order or plan on paying the Sheriff's fee, you will not need to complete this form.
Date print or sign where indicated in the top portion of the form. A judge or a clerk will sign in the signature line in the bottom portion of the form after checking whether or not the Sheriff will serve with or without a fee.
Request and Order for free Service of Restraining Order (FL/E-LP-635) (Click here for full sized version)
Proof of Personal Service (CH-130) (Click here for full sized version)
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Step 3: FILING YOUR PAPERS
Take the original of all of the forms that you completed to the appropriate court. In Sacramento, Civil Harassment Restraining Orders are filed at the Family Relations Courthouse at 3341 Power Inn Rd., Sacramento, CA 95826, on the first floor in family law filing.
The request must be turned in by the person seeking protection, or by the person seeking protection's attorney.
Unlike most court forms, the court only accepts the original, and will make all of the necessary copies.
In Sacramento, if you file your request before 11:00 a.m., the court will issue a ruling on your temporary orders the same day. You will be instructed to return to the courthouse later in the day to receive your order. Return to the courthouse later that day when instructed, and wait for your name to be called. When called to the window, the clerk will hand you your notice of hearing with temporary orders (if they are granted)./em>
Step 4: DELIVER TO LAW ENFORCEMENT
If temporary orders were made, deliver a copy of the temporary orders to the law enforcement agency or agencies listed in paragraph 11 of the Notice of Hearing and Temporary Restraining Order (CLETS).
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Step 5: SERVICE ON THE PERSON YOU ARE SEEKING PROTECTION FROM
The person you are seeking protection from must be personally served with all of the documents listed in paragraph 12 of the Notice of Hearing and Temporary Restraining Order. Please be aware that the forms to be served include a number of blank forms for the person being restrained to use, plus an informational handout.
The Sheriff's office, a process server, or someone over the age of 18 who is not a party in the case must deliver these documents to the person to be restrained and then complete the Proof of Personal Service (Civil Harassment) (CH-130) form.
The person who is serving must hand a copy of all of the documents listed in paragraph 4(a)-(f) on the Proof of Personal Service to the person to be restrained. The person Serving then completes the Proof of Service Form.
Paragraph 1 is your name.
Paragraph 2 is the name of the person to be restrained.
All of the documents in paragraph 4(a) to 4(e) must be handed to the defendant. Check boxes 4(a) – 4(f) and be sure to explain to the person serving that a copy of each of these documents must be handed to the person to be restrained.
The person serving the documents puts the date, time, and address that he or she hands the restrained person the documents listed in paragraph 4.
The person serving writes his or her information in paragraph 6, and then dates, prints and signs the Proof of Personal Service.
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Step 6: FILE AND DELIVER THE PROOF OF SERVICE. Make 2 copies of the completed and signed Proof of Personal Service forms, and file them with the court. The court will return a stamped copy to you. If temporary orders were made, deliver a copy of the Proof of Personal Service to the law enforcement agency or agencies you delivered a copy of the temporary orders to in Step 4.
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Step 7: REVIEW THE RESPONSE, IF ANY
The person to be restrained may choose to oppose your request for a restraining order, in which case he or she would have you served, usually by mail, with a copy of this response prior to your hearing date. Be sure to review the response received so that you may anticipate what he or she will present in court.
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Step 8: ATTEND YOUR HEARING
At the date, time, and department of your hearing, arrive early and wait for the courtroom to open. The calendar of cases to be heard that day will be posted next to the courthouse door. Take this time to make sure that your case is listed on the docket. When the courtroom opens, check in with the court attendant. Whether the other side appears or not, you will need to present your case to the judge. Be prepared to explain clearly and concisely to the court why it should grant your request. Be sure to bring any documents or witnesses that you will need to prove your case. If you do not attend your hearing, your request for a restraining order will be denied, and any temporary orders will expire.
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Step 9: DELIVER TO LAW ENFORCEMENT
If a restraining order is granted, deliver a copy of the order to the law enforcement agency or agencies listed in paragraph 11 of the Notice of Hearing and Temporary Restraining Order (CLETS).
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Step 10: SERVE RESTRAINED PERSON
If your request for a restraining order is granted, Someone over the age of 18 who is not a party to the case will need to serve the restraining order on the restrained person. The service is done the same way service was done in Step 5, except the document served is the one listed in paragraph 4(f) of the Proof of Personal Service form.
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Step 11: FILE AND DELIVER THE PROOF OF PERSONAL SERVICE
The Proof of Personal Service completed in Step 10 is filed with the court, and a copy is delivered to each of the law enforcement agencies listed in paragraph 11 of the Notice of Hearing and Temporary Restraining Order (CLETS).
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.
EN 6/8/2011