If you need a rush on the proof of service and have it either delivered to you personally or filled with the court an additional fee will be charged. Enter Email Confirm Email. First Last. The name listed in item 1 on the CH Please provide description of person to be served, age, sex, height, weight, ethnicity, hair color, vehicle description and anything else that would help me identify them.
I can attempt service at multiple locations. Home, work, ect. List additional addresses to serve here. Any details to help serve the restraining order. This field is for validation purposes and should be left unchanged. Contact Us. Emergency protective order If you ever need immediate help to avoid physical harm from an abuser, you should call It is a court order that helps protect people from abuse. What is abuse? There are two main types of restraining orders: A Domestic Violence Restraining Order is for people who have or have had a married or dating relationship or are closely related.
The person seeking protection must have experienced actual physical violence or a credible threat of physical violence. These requests do not cost anything to file. Instruction to start a Domestic Violence Restraining Order. If all or part of your request was denied and you do not want to go forward, you can tell the court clerk that you want to cancel the court hearing.
If you do that, you can also dismiss your case by filing a Request for Dismissal Form CIV or simply do nothing, which will keep the case open but inactive if no more papers are filed. If you want, you can refile your request at a later date. If you dismissed your case, you will have to go back to Step 1 above to fill out and file all the initial forms. Your court may handle this process a little differently, so make sure you ask the clerk what to do if you want to drop your case or want to re-open it later.
Until the other side has been properly "served," the judge cannot make any permanent orders. In civil harassment cases, a law enforcement officer may be able to serve your restraining order papers for you.
Look at item 10 on Form CH to see if the judge included an order for free service by law enforcement. They will do it for free if the restraining order is based on stalking, violence, or a credible threat of violence. Otherwise, they may charge you a fee unless you have a fee waiver order from the court.
Search online for "process serving" in your area or look in the Yellow Pages of your phone book. And read the section on service of process.
The restrained person must be served before the hearing. If the restrained person wasn't served, you can ask the judge to extend the temporary restraining order until a new court date to give you more time to serve your papers. Do this before or at your hearing. If you wait until after the hearing, you have to start from the very beginning. If the judge signs this order, the restraining order will last until the new hearing date.
Do not miss your hearing! If you miss it, the restraining orders will end and you will have to start from the beginning. Ask the clerk for the forms you need so you can make sure that the temporary orders if any are extended until the new hearing date.
See Going to Court to read more information about how to prepare for your court hearing. If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written order for the judge to sign. In some courts, the clerk or other court staff will prepare this order. If so, make sure you review it very carefully to make sure it says exactly what the judge orders and the clerk did not leave anything out.
If there is a problem, tell the clerk right away. This form does NOT get filed. It is confidential. It is used so that your restraining order can be entered into a statewide computer system that lets the police know about your order.
Give your Form CH to the clerk or the judge and the judge will sign it. Make sure the clerk files it. The clerk will give you up to 5 copies. Your city or county may have legal aid agencies that help people ask for civil harassment restraining orders, but it usually depends on the type of abuse or harassment. For example, if you have been sexually assaulted, you may be able to get help from legal aid or a domestic violence agency. Sometimes, these agencies will also help with stalking cases.
And they may help in other situations. It is hard to know whether you will qualify for help without knowing the specific situation you are in. So, if you need a civil harassment restraining order, no matter why, first try to get help from your local legal aid agency. If they cannot help you, they may be able to send you to someone who can.
Click for help finding a legal aid agency in your area. Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Special Announcement Posted Thursday, March 26, Ask for a Restraining Order.
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Are You in Danger Now? Ask for a Restraining Order To ask for a civil harassment restraining order there are several steps you have to take. But first make sure that: 1. You qualify for a civil harassment restraining order. You qualify if: The person you want to restrain has stalked, harassed, sexually assaulted, or threatened you with violence; and The person you want to restrain is your: neighbor, roommate, friend, family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, or another person you are not closely related to.
STEP 2. In general, you have to follow these steps: 1. If the judge made any changes to the orders you asked for in your request. The court hearing is also the date your temporary order runs out. If you want to extend it, you must go to your hearing to get a permanent order. You may have to pay a filing fee when you file your restraining order request. If in your request, you claim that there has been stalking, violence, or threats of violence, you probably will NOT have to pay a fee.
In other cases, you may have to. If you cannot afford the fees, you can ask for a fee waiver. Click here to find out how to ask for a fee waiver. If you do not speak English well, ask the clerk for an interpreter for your hearing date. If a court interpreter is not available, bring someone to interpret for you.
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