If someone is harassing, stalking, or threatening you, and that person is not a close family member, partner, or someone you dated, you can ask a California court to stop them by filing Form CH-100, Request for Civil Harassment Restraining Orders. The form is the legal door into a civil harassment case under Code of Civil Procedure § 527.6, and a judge can grant a Temporary Restraining Order (TRO) within 24 hours of a complete filing.
The problem is that one wrong checkbox, a missing date, or vague language about the harassing acts can cause a judge to deny your TRO on the spot. According to the Judicial Council of California 2024 Court Statistics Report, more than 78,000 civil harassment petitions were filed statewide last year, and roughly one in three TRO requests were denied at the ex parte stage, often because the paperwork was incomplete.
Here is what you will learn in this guide:
- 📝 How to fill out every line of CH-100 the way a judge wants to see it
- ⚖️ The exact legal standard under § 527.6 and how to meet it
- 🔫 What happens to the respondent’s firearms, job, and immigration status
- 🧾 How to use the full CH packet (CH-109, CH-110, CH-120, CH-130, CH-160, CH-165, CLETS-001) without missing a form
- 🚫 The seven biggest mistakes self-represented petitioners make and how to avoid each one
What California Form CH-100 Actually Is
Form CH-100 is the official Judicial Council form a person uses to ask a California Superior Court for a Civil Harassment Restraining Order (CHRO). The form is governed by Code of Civil Procedure § 527.6 and is mandatory statewide, meaning every county from Los Angeles to Modoc must accept it. The current revision date is January 1, 2025, and older versions are now rejected by most clerk’s offices.
A CHRO is different from a domestic violence order, which uses Form DV-100. The CHRO covers people who are not close family members, current or former spouses, dating partners, or co-parents. Think of neighbors, coworkers, classmates, online stalkers, ex-friends, distant relatives like cousins, or strangers.
The order can do four powerful things. First, it can order the respondent to stop the harassing behavior. Second, it can force the respondent to stay a set distance from you, your home, your job, your car, and your children’s school. Third, it can require the respondent to surrender all firearms within 24 hours under Penal Code § 29825. Fourth, it can stay in place for up to five years after a noticed hearing, and it can be renewed permanently.
The legal standard is clear and convincing evidence of a “knowing and willful course of conduct” that “seriously alarms, annoys, or harasses” you and serves no legitimate purpose, as defined in the statute and clarified in Brekke v. Wills (2005) 125 Cal.App.4th 1400. A single act can qualify if it is credible threat of violence or unlawful violence, but a “course of conduct” usually requires two or more acts.
When to Use CH-100 vs. Other Forms
Choosing the wrong form means starting over and losing days of protection. Use CH-100 only when you do not have a close relationship with the abuser. If the harasser is a current or former spouse, dating partner, fiancé, co-parent, or close blood relative (parent, child, sibling, grandparent, grandchild), use DV-100 for a Domestic Violence Restraining Order instead.
If the harasser is targeting you at work and your employer is filing on your behalf, use WV-100, Petition for Workplace Violence Restraining Order, which falls under Code of Civil Procedure § 527.8. If the protected person is age 65 or older, or a dependent adult, the EA-100 Elder or Dependent Adult Abuse petition is the right choice. For threats of mass shootings, GV-100, Petition for Gun Violence Restraining Order, is the proper form.
A common misconception is that filing CH-100 against an ex-boyfriend will “still work.” It will not. The clerk will accept it, but a judge can deny the order at the hearing because the case belongs in a domestic violence courtroom, and you will have wasted three to four weeks of protection.
Who Can File Form CH-100
Anyone over 12 years old who has been harassed, stalked, threatened, or subjected to violence by a non-intimate person can file CH-100. Minors aged 12 to 17 can file on their own behalf in some counties, though most courts require a Guardian ad Litem appointed via Form CIV-010. Parents can file on behalf of children under 12.
You do not need to be a U.S. citizen to file. California courts protect every person physically present in the state, regardless of immigration status, under Government Code § 7284. Filing fees are waived under Government Code § 6103.2 when the petition alleges stalking, sexual assault, or credible threats of violence. For all other civil harassment petitions, the filing fee is $435, unless you qualify for a fee waiver via Form FW-001.
The consequence of filing as the wrong party is automatic dismissal. For example, if a parent files CH-100 in their own name to protect their 10-year-old child, a judge will likely strike the petition because the child is the protected person, not the parent. The proper move is to list the child as the protected person on item 2 of the form and the parent as the petitioner.
Step-by-Step: How to Fill Out CH-100 Line by Line
The 2025 version of CH-100 has eight pages and 27 numbered items. Below is a walk-through of every section, what it asks, why it matters, and what happens if you fill it in wrong. Use blue or black ink only, and never use white-out, because clerks reject corrected forms in many counties, including under Los Angeles Superior Court Local Rule 3.50.
Caption Box (Top of Page 1)
The caption asks for your name, address, telephone number, email, and the court’s name and address. If you are afraid the respondent will find your home address, write a safe mailing address like a P.O. box, a friend’s house, or your attorney’s office. California allows address confidentiality under Government Code § 6206 and through the Safe at Home program.
The consequence of writing your real home address is that the respondent will receive a copy of the petition with that address printed on it. A real-world example: Maria, a nurse in Sacramento, listed her apartment on item 1, and her stalker, who was served three days later, drove past the building within 24 hours. She had to relocate at her own expense.
A common misconception is that the court will hide your address automatically. It will not. You must either use a safe address or attach a Form CM-010 Confidential Address request where available.
Item 1: Person Asking for Protection
Item 1 asks for the petitioner’s full legal name and age. If you are under 18, check the minor box and list your date of birth. The court uses age to decide whether a Guardian ad Litem is needed.
The consequence of using a nickname or partial name is that the resulting order may be unenforceable, because law enforcement runs the protected person’s legal name through CLETS, the California Law Enforcement Telecommunications System. For example, if “Bob Smith” lists himself as “Bobby” but his ID says “Robert,” a deputy responding to a violation call may not be able to confirm the order in the field.
Item 2: Other Protected People
Item 2 lets you add household members, children, or close associates who also need protection. List each person’s full legal name, age, and relationship to you. Courts routinely add roommates, romantic partners, parents, and minor children to the order.
The legal standard for adding others is found in Code of Civil Procedure § 527.6(c), which requires a showing that the household member has also suffered harassment or reasonably fears harm. A real-world example: David, a software engineer in San Jose, was being stalked by a former coworker who also showed up at his fiancée’s gym. David listed his fiancée on item 2, and the judge granted protection for both.
Item 3: Person to Be Restrained
Item 3 asks for the respondent’s full legal name, address, age, height, weight, hair color, eye color, race, and any aliases. The more identifying details, the better, because Penal Code § 29825 firearm relinquishment requires a CLETS entry that matches a unique person.
The consequence of leaving fields blank is that law enforcement may refuse to serve the TRO until the petitioner amends the form. A common misconception is that you must know the respondent’s date of birth. You do not, but if you have it, write it in, because it speeds up service by 24 to 48 hours.
Item 4: Relationship to the Respondent
Item 4 asks how you know the respondent. Choose from neighbor, coworker, classmate, roommate, or “other” with a description. This is the line that separates CH-100 from DV-100. If you check “former dating relationship” or “spouse,” the clerk will reject the petition and direct you to Form DV-100.
The consequence of misclassifying the relationship is jurisdictional dismissal. Brekke v. Wills (2005) confirmed that civil harassment courts lack subject-matter jurisdiction over domestic violence parties, so a wrongly filed CH-100 is void.
Item 5: Venue
Item 5 asks why this particular county is correct. Civil harassment cases follow the venue rule in Code of Civil Procedure § 395(a), which means you can file where you live, where the respondent lives, or where the harassment occurred.
For example, Jasmine, a graduate student in Berkeley who was harassed online by a person living in Fresno, filed in Alameda County because the harassing emails reached her there. The judge accepted venue, citing the effect-based reading of § 395.
Item 6: Lawyer Information
If you have an attorney, list their name, State Bar number, address, and contact info here. If you are self-represented, write “in pro per” or “self-represented.” Self-representation is allowed and common, but the California Courts Self-Help Center reports that represented petitioners win TROs at a rate roughly 18% higher than pro se filers.
Item 7: Description of Harassment
Item 7 is the heart of the petition. You must check whether the harassment was unlawful violence, a credible threat of violence, or a course of conduct, and you must describe each act with a date, location, and specific behavior. If you need more space, attach a Form MC-025 Attachment.
Be specific. Do not write “He kept harassing me.” Write “On March 14, 2026, at 8:45 p.m., John Doe stood outside my apartment at 123 Main Street, yelled my name 14 times, and threw a brick through my living room window.” The consequence of vague language is denial of the TRO, because Schild v. Rubin (1991) 232 Cal.App.3d 755 requires that conduct serve “no legitimate purpose.”
A common misconception is that text messages and social media posts do not count. They do, under Thomas v. Quintero (2005) 126 Cal.App.4th 635, as long as they are unprotected by the First Amendment. Print every message and attach it to the petition with a date stamp.
Item 8: Firearms
Item 8 asks whether the respondent owns or has access to firearms. Check yes if you know or reasonably believe so. A yes triggers the mandatory 24-hour relinquishment rule under Penal Code § 29830.
The consequence of ignoring this item is that the respondent keeps their guns, which raises your risk of harm. A real-world example: Aaron, a high school teacher harassed by a parent who openly carried, checked yes on item 8, and the judge ordered the respondent to surrender three handguns to the Riverside County Sheriff within 24 hours. A failure to comply is a misdemeanor with up to one year in jail.
Items 9 through 13: Specific Orders Requested
These items let you check boxes for the orders you want, including personal conduct orders, stay-away orders, no-contact orders, and move-out orders. The default stay-away distance is 100 yards, but you can request more if you can justify it, as the court did in Russell v. Douvan (2003) 112 Cal.App.4th 399.
Items 14 through 18: Schools, Work, Vehicles, and Pets
You can ask the judge to order the respondent to stay away from your school, your job, your car, and even your animals. California recognizes pet protection under Family Code § 6320(b), and the same logic applies to civil harassment cases.
Items 19 through 22: Costs and Attorney Fees
The judge can award you attorney fees and court costs as the prevailing party under Code of Civil Procedure § 527.6(s). The consequence of skipping this box is leaving thousands of dollars on the table.
Items 23 through 27: Signatures, Date, and Verification
You must sign under penalty of perjury under Code of Civil Procedure § 2015.5. False statements are a felony under Penal Code § 118.
Three Common Civil Harassment Scenarios
Below are the three fact patterns that appear most often in California civil harassment courts.
Scenario 1: Hostile Neighbor
| Petitioner’s Action | Court’s Likely Response |
|---|---|
| Files CH-100 alleging neighbor screamed slurs and threw rocks on three separate dates | Grants TRO with 100-yard stay-away from home |
| Attaches photos of damaged window and printout of doorbell-camera audio | Adds personal conduct order and no-contact order |
| Lists spouse and two minor children on item 2 | Adds family members to order |
Scenario 2: Online Stalker
| Petitioner’s Action | Court’s Likely Response |
|---|---|
| Files CH-100 alleging former classmate sent 47 threatening Instagram DMs | Grants TRO and orders no electronic contact |
| Attaches printed DMs with timestamps and IP-address subpoena | Adds social-media-specific stay-away |
| Requests $435 fee waiver under § 6103.2 (stalking) | Grants fee waiver same day |
Scenario 3: Workplace Harasser (Self-Filed, Not Employer)
| Petitioner’s Action | Court’s Likely Response |
|---|---|
| Files CH-100 against coworker who followed her to her car twice | Grants TRO with 100-yard stay-away from workplace and home |
| Notifies HR and provides incident reports | Adds workplace stay-away even though employer did not file |
| Lists fiancé on item 2 because coworker contacted him on LinkedIn | Adds fiancé to order |
The Full CH Packet: Forms You File Alongside CH-100
CH-100 does not stand alone. A complete civil harassment filing in 2026 typically includes the following Judicial Council forms.
- CH-109, Notice of Court Hearing, which sets the date for the noticed hearing within 21 to 25 days
- CH-110, Temporary Restraining Order, which the judge signs to grant immediate ex parte relief
- CH-120, Response to Request for Civil Harassment Restraining Orders, used by the respondent
- CH-130, Civil Harassment Restraining Order After Hearing, the long-term order issued after the hearing
- CH-160, How Can I Respond to a Request for Civil Harassment Restraining Orders?, an info sheet
- CH-165, Proof of Firearms Turned In, Sold, or Stored
- CLETS-001, Confidential CLETS Information form, filed under seal
- CH-200 Proof of Personal Service or CH-250 Proof of Service by Mail
The consequence of skipping the CLETS-001 is that law enforcement cannot enter the order into the statewide database, which means a sheriff pulling over the respondent at 2 a.m. will not see any restraint and will let the respondent drive away.
Mistakes to Avoid
The seven most common errors that cause TRO denials or dismissals are listed below. Each one has cost real petitioners weeks of protection.
- Writing your real home address on item 1 when the respondent does not already know where you live, which leads to immediate exposure
- Checking the wrong relationship box on item 4, which causes jurisdictional dismissal under Brekke v. Wills
- Describing harassment in vague language like “he kept bothering me,” which fails the Schild v. Rubin “no legitimate purpose” test
- Forgetting to file the CLETS-001, which keeps the order out of the statewide law-enforcement database
- Skipping item 8 about firearms, which leaves the respondent armed and increases your risk under Penal Code § 29825
- Failing to attach proof such as screenshots, photos, or police reports, which leaves the judge with only your word
- Serving the respondent yourself, which is illegal under Code of Civil Procedure § 414.10 and voids the service
- Missing the 21-day hearing window by filing too late, which forces you to start the process over
Do’s and Don’ts
The following list captures the practices judges reward and punish most often in civil harassment cases.
- Do print every text, email, and DM with a visible timestamp, because judges weigh contemporaneous evidence heavily under Evidence Code § 1410
- Do request a fee waiver via FW-001 if money is tight, because § 6103.2 makes stalking and threat cases free
- Do ask the sheriff to serve the respondent for free under Government Code § 26721 when fees are waived
- Do keep a log of every incident with date, time, location, and witnesses, because patterns persuade judges
- Do show up to the noticed hearing on time, because Code of Civil Procedure § 527.6(p) lets the judge dismiss for non-appearance
- Don’t contact the respondent after filing, because mutual contact undermines the credible-threat finding
- Don’t post about the case on social media, because the respondent’s lawyer can use your posts at the hearing
- Don’t exaggerate facts, because Penal Code § 118 makes perjury a felony
- Don’t assume the TRO is permanent, because it expires at the noticed hearing unless the judge extends it
- Don’t confuse a CHRO with a criminal stay-away order, because the two systems run on different timelines
Pros and Cons of Filing CH-100
Civil harassment orders are powerful, but they are not free of cost or risk. Weigh the following before filing.
- Pro: Same-day TRO protection, often signed within 24 hours of filing
- Pro: Mandatory firearm relinquishment under Penal Code § 29825
- Pro: Statewide enforcement through CLETS
- Pro: Up to five years of protection, renewable indefinitely under § 527.6(j)
- Pro: Possible attorney-fee award under § 527.6(s)
- Con: Public court record that the respondent can read in full
- Con: The respondent can file a counter-petition using CH-120
- Con: Hearings are usually held in person, requiring time off work
- Con: Service of process can be hard if the respondent hides
- Con: A denied petition can be used by the respondent in later civil litigation
Federal and State Legal Backdrop
Federally, the Violence Against Women Act, 18 U.S.C. § 2265, requires every state to give full faith and credit to valid protective orders, which means a California CHRO is enforceable in Texas, Florida, and every other state. Federally, 18 U.S.C. § 922(g)(8) bars anyone subject to a qualifying restraining order from possessing firearms, and the U.S. Supreme Court upheld the law in United States v. Rahimi (2024).
State law layers on the Code of Civil Procedure § 527.6 framework, the Penal Code § 29825 firearm rule, and First Amendment limits set in Aguilar v. Avis Rent A Car System (1999) 21 Cal.4th 121, where the California Supreme Court held that true threats are unprotected speech.
Immigration, Employment, and Firearms Consequences for the Respondent
A CHRO can ripple far beyond the courtroom. For non-citizens, INA § 237(a)(2)(E)(ii) makes a violation of a protective order a deportable offense. For licensed professionals, the California Department of Real Estate, the Medical Board of California, and the State Bar of California can investigate after a CHRO is issued. Employers in security, education, and healthcare often run DOJ Live Scan checks that surface CHROs and may terminate respondents.
Recap of Key Cases
Brekke v. Wills (2005) confirmed that threatening letters to a third party can support a CHRO. Thomas v. Quintero (2005) extended the statute to picketing and pamphleting that crossed into harassment. Harris v. Stampolis (2016) upheld a CHRO between a parent and a school principal. Smith v. Silvey (1983) defined the substantial emotional distress element. Schild v. Rubin (1991) drew the line between protected neighbor activity and unlawful harassment.
County-Level Nuances
In Los Angeles Superior Court, CH-100 filings go to the Stanley Mosk Courthouse on Hill Street, and ex parte review usually happens the same business day. In San Diego Superior Court, filings are accepted at the Hall of Justice, and the court offers a free Family Law Facilitator to help with CH packets. In Alameda County, CH-100 filings are e-filed through eCourt Public Portal. In Sacramento Superior Court, the Self-Help Center at the Gordon D. Schaber Courthouse provides walk-in clinics on Tuesdays.
If you would like a one-on-one review of your draft CH-100 before filing, consider consulting a civil harassment attorney through the California State Bar Lawyer Referral Service or visiting your county’s Self-Help Center.
FAQs
Can I file CH-100 against a family member?
No. Close family members like a spouse, ex, dating partner, parent, child, or sibling fall under the DV-100 domestic violence form, not CH-100, and filing the wrong form causes dismissal.
Is there a filing fee for CH-100?
No in cases involving stalking, sexual assault, or credible threats of violence, under Government Code § 6103.2. For all other civil harassment cases, the fee is $435 unless you qualify for a FW-001 fee waiver.
Can I serve the respondent myself?
No. Code of Civil Procedure § 414.10 bars parties from serving their own papers, so use a sheriff, marshal, or any adult over 18 who is not part of the case.
Will the respondent have to give up firearms?
Yes. Under Penal Code § 29830, the respondent must surrender, sell, or store all firearms within 24 hours of being served and file Form CH-165 within 48 hours.
Can I get a CHRO based only on text messages?
Yes, if the messages amount to a credible threat or a course of conduct under Thomas v. Quintero (2005), and you attach printouts with timestamps to the petition.
Does a CHRO show up on a background check?
Yes. A granted CHRO is entered into CLETS and can appear on Live Scan and many private background checks, which can affect employment in security, healthcare, and education.
Can a minor file CH-100?
Yes, minors aged 12 and older can file in California, though most courts appoint a Guardian ad Litem via Form CIV-010 for petitioners under 18.
How long does the order last?
Yes, TROs last up to 25 days until the noticed hearing, and orders after hearing can last up to five years under Code of Civil Procedure § 527.6(j) and can be renewed indefinitely.
Can the respondent appeal a CHRO?
Yes. The respondent has 60 days to appeal to the Court of Appeal under California Rules of Court, Rule 8.104, but the order remains in force during the appeal.
Will my immigration status be affected if I file?
No. Filing CH-100 has no negative effect on the petitioner’s immigration status, and California courts must serve all residents regardless of status under Government Code § 7284.
Can I get attorney’s fees if I win?
Yes. The prevailing party can be awarded reasonable attorney’s fees and costs under Code of Civil Procedure § 527.6(s), so be sure to check the fees box on items 19 to 22.
What happens if the respondent violates the order?
Yes, a violation is a misdemeanor under Penal Code § 273.6, punishable by up to one year in county jail and a $1,000 fine, and call 911 to report any violation.
Related reading
- How to Fill Out California Form DV-100 (w/Examples) + FAQs
- How to Fill Out California Form CH-110 (w/Examples) + FAQs
- How to Fill Out California Form CH-120 (w/Examples) + FAQs
- How to Fill Out California Form CH-130 (w/Examples) + FAQs
- How to Fill Out Ohio Petition for Civil Stalking Protection Order + FAQs
- How to Fill Out New Jersey Final Restraining Order + FAQs