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Civil Harassment Restraining Order After Hearing (CLETS-CHO) CH-130 - California
| Civil Harassment Restraining Order After Hearing (CLETS-CHO) Form. This is a California form and can be used in Civil Harassment Judicial Council . |
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CH-130 Civil Harassment Restraining Order After Hearing Clerk stamps date here when form is filed. Person in 1 must complete items 1 , 2 , and 3 only. 1 Protected Person a. Your Full Name: Your Lawyer (if you have one for this case): Name: Firm Name: State Bar No.: Fill in court name and street address: b. Your Address (If you have a lawyer, give your lawyer's information. If you do not have a lawyer and want to keep your home address private, you may give a different mailing address instead. You do not have to give telephone, fax, or e-mail.): Address: City: Telephone: E-Mail Address: 2 Restrained Person Full Name: Description: Sex: M F Height: Weight: Eye Color: State: Fax: Zip: Superior Court of California, County of Fill in case number: Case Number: Date of Birth: Age: State: Race: Zip: Hair Color: Home Address (if known): City: Relationship to Protected Person: 3 Additional Protected Persons In addition to the person named in 1 , the following family or household members of that person are protected by the orders indicated below: Sex Age Lives with you? How are they related to you? Full Name No Yes No Yes Check here if there are additional protected persons. List them on an attached sheet of paper and write, "Attachment 3--Additional Protected Persons" as a title. You may use Form MC-025, Attachment. 4 Expiration Date This Order, except for any award of lawyer's fees, expires at: Time: a.m. p.m. or midnight on (date): If no expiration date is written here, this Order expires three years from the date of issuance. This is a Court Order. Judicial Council of California, www.courts.ca.gov Revised January 1, 2012, Mandatory Form Code of Civil Procedure, §§ 527.6 and 527.9 Approved by DOJ Civil Harassment Restraining Order After Hearing (CLETS-CHO) (Civil Harassment Prevention) CH-130, Page 1 of 5 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: 5 Hearing a. There was a hearing on (date): at (time): in Dept.: Room: (Name of judicial officer): made the orders at the hearing. b. These people were at the hearing: (1) (3) The person in 1 The lawyer for the person in 1 (name): (2) c. The person in 2 The lawyer for the person in 2 (name): (4) Additional persons present are listed at the end of this Order on Attachment 5. The hearing is continued. The parties must return to court on (date): at (time): . To the Person in 2 : The court has granted the orders checked below. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both. 6 a. Personal Conduct Orders You must not do the following things to the person named in 1 and to the other protected persons listed in 3 : (1) (2) Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of the person. Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electronic means. Take any action to obtain the person's address or location. If this item is not checked, the court has found good cause not to make this order. Other (specify): Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). (3) (4) b. 7 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. Stay-Away Orders a. You must stay at least (1) (2) (3) (4) (5) The person in 1 Each person in 3 The home of the person in 1 The job or workplace of the person in 1 The school of the children of the person in 1 (7) (8) yards away from (check all that apply): (6) The place of child care of the children of the person in 1 The vehicle of the person in 1 Other (specify): b. This stay-away order does not prevent you from going to or from your home or place of employment. This is a Court Order. Revised January 1, 2012 Civil Harassment Restraining Order After Hearing (CLETS-CHO) (Civil Harassment Prevention) CH-130, Page 2 of 5 Case Number: 8 No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition. b. If you have not already done so, you must: · Sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order. · File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in or sold. (You may use Form CH-800, Proof of Firearms Turned In or Sold, for the receipt.) c. 9 The court has received information that you own or possess a firearm. Lawyer's Fees and Costs The person in must pay to the person in a. Lawyer's fees Item b. Court costs Amount the following amounts for: Item Amount $ $ $ $ Additional items and amounts are attached at the end of this Order on Attachment 9. 10 Other Orders (specify): Additional orders are attached at the end of this Order on Attachment 10. To the Person in 1 : 11 Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. b. c. The clerk will enter this Order and its proof-of-service form into CARPOS. The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered into CARPOS. By the close of business on the date that this Order is made, you or your lawyer should deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (City, State, Zip) Additional law enforcement agencies are listed at the end of this Order on Attachment 11. This is a Court Order. Revised January 1, 2012 Civil Harassment Restraining Order After Hearing (CLETS-CHO) (Civil Harassment Prevention) CH-130, Page 3 of 5 Case Number: 12 Service of Order on Restrained Person a. b. The person in 2 personally attended the hearing. No other proof of service is needed. The person in 2 did not attend the hearing. (1) Proof of service of Form CH-110,
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