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Order After Hearing (Transitional Housing Misconduct) TH-130 - California
|Order After Hearing (Transitional Housing Misconduct) Form. This is a California form and can be used in Transitional Housing Misconduct Judicial Council .||
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(THIS IS A COURT ORDER) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PROGRAM OPERATOR: PARTICIPANT: CASE NUMBER: ORDER AFTER HEARING on Petition For Order Prohibiting Abuse or Program Misconduct Modification of Previous Order (dated): NOTE: A separate order is required for each participant or family unit to be restrained or excluded. To participant (names of all to be restrained or excluded): 1. THIS ORDER SHALL EXPIRE AT MIDNIGHT ON (date not more than one year from now): 2. This proceeding was heard at (time): in Dept.: on (date): by Judge (name): Temporary Judge on the order to show cause filed by program operator on (date): Program operator present Attorney for operator present (name): Participant present (names): Attorney for participant present (name): Room: NOTICE TO PARTICIPANT: Violation of this order is a misdemeanor, punishable by a $1,000 fine, six months in jail, or both. This order shall be enforced by all law enforcement officers in the State of California. THE COURT ORDERS 3. Program misconduct. Participant shall not intentionally violate the program rules and regulations so as to interfere substantially with the orderly operation of the program and specifically the rules and regulations on a. drunkenness on the program site (rule No.): b. unlawful use or sale of controlled substances (drugs) (rule No.): c. theft (rule No.): arson (rule No.): d. destruction of property (rule No.): e. f. violence or threats of violence and harassment (rule No.): Do not abuse. Participant shall not attack, strike, batter, or sexually assault, or threaten to attack, strike, batter, or sexually assault program employees a. b. program participants c. persons living within 100 feet of the program site and specifically the following persons (names): 4. (Continued on reverse) Form Adopted by the Judicial Council of California TH-130 [New July 1, 1992] ORDER AFTER HEARING (Transitional Housing Misconduct) Health and Safety Code, § 50585 2001 © American LegalNet, Inc. (THIS IS A COURT ORDER) PROGRAM OPERATOR: PARTICIPANT: THE COURT ORDERS (continued) 5. Move from program site. Participant shall immediately move from and must not return to the program site and the dwelling unit assigned to participant and shall take only participant's personal property (address optional): CASE NUMBER: a. b. 6. The court finds clear and convincing evidence that the participant abused a program employee, another participant, or a person living within 100 feet of the program site, and that great or irreparable injury would result to one of them if this order were not issued. (This finding is necessary to obtain an exclusion order unless participant is in contempt of a previous order.) (For a modification only) The court finds the participant is in contempt of the court order issued (date): Stay away. Participant shall stay at least 200 feet away from the following places: a. Dwelling unit assigned to participant (address optional): b. Other program site locations (addresses): 7. The court finds clear and convincing evidence that the participant abused a program employee, another participant, or a person living within 100 feet of the program site, and that great or irreparable injury would result to one of them if this order were not issued. OTHER ORDERS (specify the orders needed to help carry out the orders in items 3-6): 8. By the close of business on the date of this order a copy of this order and any proof of service shall be given to the law enforcement agencies listed below as follows: a. b. c. Program operator shall deliver. Program operator's attorney shall deliver. The clerk of the court shall mail. Law enforcement agency Address This order is effective when made. The law enforcement agency shall enforce the order immediately upon receipt. It is enforceable anywhere in California by any law enforcement agency that has received the order or is shown a copy of the order. If proof of service on the restrained person has not been received, the law enforcement agency shall advise the restrained person of the terms of the order and then shall enforce it. Date: JUDGE OF THE SUPERIOR COURT CLERK'S CERTIFICATE OF MAILING I certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid, in a sealed envelope addressed as shown in item 8 and that the foregoing was mailed and this certificate was executed at (place): on (date): TH-130 [New July 1, 1992] , California, CLERK, by , Deputy Page two ORDER AFTER HEARING (Transitional Housing Misconduct) 2001 © American LegalNet, Inc.