Yes, you can fill out California Form CH-110, the Temporary Restraining Order, but most of the form is actually completed by the judge after you file Form CH-100, the Request for Civil Harassment Restraining Orders. Your job as the petitioner is to fill in the caption, party names, and proposed orders so the judge can review, modify, and sign the order before it becomes enforceable under Code of Civil Procedure § 527.6.
This article walks you through every box, checkbox, and signature line on CH-110, plus the companion forms in the CH packet, the firearms surrender process, and the California Restraining and Protective Order System (CARPA). According to the Judicial Council of California 2024 Court Statistics Report, California courts processed over 78,000 civil harassment filings last fiscal year, and roughly 41% of TRO requests were granted ex parte at the initial review stage.
- 📝 How to complete every line of Form CH-110 and the supporting CH packet without rejection.
- ⚖️ Why CCP § 527.6 requires a “course of conduct” or “credible threat of violence” and what proof works.
- 🔫 How firearm surrender under Penal Code § 29825 and Form CH-800 operates in 24 hours.
- 🏛️ Three full filing scenarios (stalking neighbor, cyber-harassment, workplace) with judge-ready language.
- 🚫 The seven most common mistakes that cause CH-110 denials and how to fix each one before filing.
What Form CH-110 Actually Is
Form CH-110 is the Temporary Restraining Order in a civil harassment case, issued under California Code of Civil Procedure § 527.6. It is a court order, not a request, which is why most of the document is technically signed and completed by the judicial officer. You file Form CH-100 to ask for protection, and the judge uses CH-110 to grant or deny the temporary orders before the full hearing.
The form is part of a larger packet that also includes CH-109 Notice of Court Hearing, CH-120 Response, CH-130 Restraining Order After Hearing, and CH-200 Proof of Personal Service. Each form serves a distinct purpose, and missing one piece often kills the case before the hearing even starts.
CH-110 is temporary. Under the rules in CCP § 527.6(g), the order lasts only until the noticed hearing, which must occur within 21 days, or 25 days for good cause. After that hearing, the judge either denies further protection or issues Form CH-130 for up to five years.
A common misconception is that CH-110 is the same as a domestic violence DV-110 or a workplace WV-110 or an elder abuse EA-110. They look similar but apply to different relationships and statutes. Filing the wrong form is a leading reason for clerk rejection at intake, as the California Courts Self-Help Guide explains.
Who Uses CH-110
Civil harassment orders cover relationships that fall outside the close family categories defined in Family Code § 6211. Typical filers include neighbors, coworkers who are not in a supervisor-employee relationship, distant relatives like cousins, roommates who are not romantically involved, and strangers including online stalkers. The Judicial Council civil harassment guide is the authoritative reference on coverage.
If your relationship to the abuser is a current or former spouse, dating partner, parent of your child, or close blood relative, you must use Form DV-100 and Form DV-110 instead. The consequence of using CH-110 in a domestic relationship is dismissal without prejudice, which delays protection and may force you to start over.
The Court of Appeal in Brekke v. Wills (2005) confirmed that civil harassment relief reaches conduct that “seriously alarms, annoys, or harasses” a person without legitimate purpose. That same standard governs every CH-110 the judge signs today.
When You File CH-110
You file CH-110 at the same time as CH-100 and CH-109. The clerk routes the packet to a judge for ex parte review, often the same day under California Rules of Court Rule 3.1160. Filing fees are usually waived under Government Code § 70617(e)(1) when the petition involves stalking or credible threats of violence.
Timing matters because the judge must rule before the close of the next court day under CCP § 527(c). If you file late in the day, the order may be reviewed the following morning. Filing on a Friday afternoon often means waiting until Monday for ex parte review.
A real-world example helps. Maria, a tenant in Oakland, files her CH-100 and proposed CH-110 at 9 a.m. The judge signs CH-110 by 3 p.m., and the sheriff serves the respondent that night. Without that same-day turnaround, the harassment would have continued for days.
Filling Out CH-110 Line By Line
Although the judge completes most signature blocks, you prepare the caption, the parties, and the proposed orders. The Judicial Council instructions for CH-100 explain that proposed orders should mirror your requests so the judge can simply check boxes. Accuracy on CH-110 prevents delays and ensures law enforcement can enforce the order.
Each section below corresponds to a numbered item on CH-110, revised January 1, 2025. The form is four pages, but the substantive content sits in items 1 through 14. Take your time and match the entries on CH-110 to the entries on CH-100 exactly.
The plain-English rule is simple: write what you want the judge to order, in clean, specific language. The consequence of vagueness is denial, because under Schild v. Rubin (1991), restraining orders must be precise enough to give fair notice of prohibited conduct. A common misconception is that “stay away from me” is enough; courts want addresses and distances.
Caption Box and Court Information
The top of CH-110 contains the caption box, which mirrors the caption from CH-100. Enter the Superior Court of California, the county name, the street address, the mailing address if different, the city and zip code, and the branch name. Look up the correct branch on the California Courts website directory.
You also enter the case number if one has been assigned. If you are filing CH-100 and CH-110 together for the first time, leave the case number blank, and the clerk will stamp it after the filing fee or fee waiver is processed. The consequence of writing the wrong case number is misrouting, which can delay the ex parte review by 24 to 72 hours.
A real-world example: Daniel files in San Diego Superior Court Central Division. He writes “330 W. Broadway, San Diego, CA 92101” and leaves the case number blank. The clerk assigns “37-2026-00012345-CU-HR-CTL” within minutes, and that number now appears on every later filing.
Item 1 — Protected Person
Item 1 names the person seeking protection. Enter your full legal name as it appears on government identification. If you are seeking protection for additional household or family members, list them in item 2 along with their relationship to you. Under CCP § 527.6(c), other household members may be protected if they are also harassed.
Do not abbreviate. “Robert J. Smith” is acceptable; “Bob Smith” is not. The consequence of using a nickname is law enforcement confusion when verifying the protected person at the scene of a violation. CARPA, the statewide protective order database, indexes by full legal name.
A real-world example: Aisha lists herself in item 1 and her two minor children in item 2, with their dates of birth and her relationship as “mother.” The judge grants protection for all three, and the order applies whether the respondent contacts Aisha or the children.
Item 2 — Restrained Person
Item 2 names the respondent, the person you want restrained. Provide full legal name, date of birth, sex, height, weight, hair color, eye color, race, and home and work addresses if known. The more identifying information you provide, the easier it is for law enforcement to verify identity at the scene.
Missing identifiers do not bar issuance, but they slow enforcement. The California Department of Justice CARPA system uses date of birth and physical descriptors to confirm a match before officers act. The consequence of leaving these blank is that an officer may decline to arrest if the identity is not verified.
A common misconception is that you must know every detail. You do not. Write “unknown” where you genuinely do not know, but provide everything you can. Linh did not know her stalker’s date of birth, so she wrote “unknown” but provided his license plate, employer, and a recent photograph attached to the petition.
Items 3 and 4 — Personal Conduct and Stay-Away Orders
Item 3 lists personal conduct orders, the prohibitions on harassment, threats, contact, and surveillance. Item 4 lists stay-away orders, the geographic distances the respondent must keep from you, your home, your job, your vehicle, your school, and your children’s school. Specify a distance such as 100 yards, which is the most common minimum in California.
Under CCP § 527.6(b)(3), “harassment” means unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses and serves no legitimate purpose. The consequence of vague stay-away language is reduced enforceability, because officers in the field need clear distances and addresses.
A real-world example: James asks the judge to order his neighbor to stay 100 yards from his home at “1234 Elm Street, Apt. 5, Sacramento, CA 95814.” The order is enforceable on its face, and Sacramento PD can act immediately if the neighbor approaches.
Item 6 — Firearms
Item 6 prohibits the respondent from owning, possessing, purchasing, or attempting to purchase firearms or ammunition while the order is in effect. The judge will check this box automatically, because Penal Code § 29825 and Penal Code § 18205 make it mandatory in restraining order cases.
The respondent must surrender firearms within 24 hours of service and file Form CH-800, the Proof of Firearms Turned In, Sold, or Stored. Failure to comply is a misdemeanor under Penal Code § 29825(b).
A common misconception is that the respondent can store guns with a friend. State law requires turn-in to law enforcement or sale or storage with a licensed firearms dealer. Carlos learned this the hard way when his cousin held two pistols for him; he was charged with a violation when officers traced the firearms during a routine welfare check.
Item 11 — Other Orders
Item 11 allows additional orders the judge finds necessary to prevent harassment, including orders to remove harassing online posts, return personal property, or stop third-party contact through social media. Be specific. Write the URL of the post, the platform, and the requested action.
Under the holding in Parisi v. Mazzaferro (2016), courts may craft tailored orders that address modern technology, such as electronic communications and social media. The consequence of leaving item 11 blank is missing the chance to address harm that does not fit neatly into items 3 through 10.
A real-world example: Priscilla asks the judge to order the respondent to remove a defamatory Instagram reel that includes her home address. The judge grants the request, and the platform removes the reel within 48 hours after service.
Items 13 and 14 — No-Notice Issuance and Hearing Date
Item 13 explains why the order was issued without notice to the respondent, a finding the judge makes under CCP § 527(c). Item 14 sets the hearing date, time, and department for the full hearing on a permanent order. Do not write in these boxes; the judge or clerk completes them.
Service of CH-110 must occur at least five days before the hearing under CCP § 527.6(m), unless the court shortens time. The consequence of late service is a continued hearing, and the TRO usually stays in effect until the next date.
A common misconception is that you can serve the respondent yourself. You cannot. A non-party adult, a sheriff, or a registered process server must serve the papers and complete Form CH-200.
Three Real Filing Scenarios
The fastest way to learn CH-110 is through realistic scenarios. The three below cover the most common civil harassment patterns: a stalking neighbor, online cyber-harassment by a stranger, and a non-supervisor coworker. Each one walks the petitioner through the proposed orders that match the facts.
Scenario 1 — The Stalking Neighbor
| Petitioner Action | Court Consequence |
|---|---|
| Files CH-100 describing 14 unwanted visits in 30 days, photos, and a threatening note. | Judge finds a “course of conduct” under CCP § 527.6(b)(3) and signs CH-110 with 100-yard stay-away from home and car. |
| Requests firearm surrender knowing neighbor owns hunting rifles. | Judge checks item 6; respondent must surrender within 24 hours and file CH-800. |
| Asks for protection of minor child living in same household. | Judge adds child as protected person in item 2 of CH-110. |
Scenario 2 — Cyber-Harassment by an Online Stranger
| Petitioner Action | Court Consequence |
|---|---|
| Submits printouts of 230 hostile DMs and a doxxing post with home address. | Judge finds a “credible threat of violence” under CCP § 527.6(b)(2) and grants CH-110 even though parties never met. |
| Includes platform handles and the doxxing URL in item 11. | Judge orders takedown and prohibits future posts using petitioner’s name or image. |
| Marks “unknown” for date of birth but attaches respondent’s confirmed legal name from a civil subpoena. | CARPA accepts the entry; sheriff serves at the verified address. |
Scenario 3 — The Non-Supervisor Coworker
| Petitioner Action | Court Consequence |
|---|---|
| Confirms coworker is not a supervisor, ruling out WV-100. | Clerk accepts CH-100 and CH-110 as the correct civil harassment forms. |
| Asks for stay-away from workplace at 200 yards but accepts a 25-yard accommodation because both work in same building. | Judge tailors order under Harris v. Stampolis (2016) and notes the workplace exception. |
| Attaches HR complaint logs as exhibits. | Judge weighs documented pattern and grants the TRO. |
Companion Forms in the CH Packet
The CH-110 does not stand alone. Five other forms typically travel with it, and skipping one creates a procedural defect. Each form has a clear purpose under CCP § 527.6 and the Judicial Council civil harassment forms list.
The packet workflow is: file CH-100, ask the judge for CH-110, give the respondent CH-109, serve everything with CH-200, allow the respondent to file CH-120, and finally obtain CH-130 at the hearing. Each form below explains why it exists and what happens if it is missing.
CH-100 — Request for Civil Harassment Restraining Orders
Form CH-100 is the petition that starts the case. It contains the facts, the requested orders, and the declarations under penalty of perjury. The consequence of filing CH-110 without CH-100 is automatic rejection at intake.
CH-100 is where you tell your story. Be specific with dates, locations, witnesses, and exhibits. Tomas attached eight pages of text messages, three police reports, and a medical record showing bruises; the judge granted his TRO the same morning.
A common misconception is that CH-100 needs to be a legal brief. It does not. Plain language, in chronological order, supports the judge’s finding under CCP § 527.6(i) of “clear and convincing evidence” at the later hearing.
CH-109 — Notice of Court Hearing
Form CH-109 tells the respondent when and where the hearing will occur. The clerk fills in the date and department. The consequence of failing to serve CH-109 is a continued hearing and possible expiration of the TRO.
Service must follow the rules in CCP § 527.6(m). At least five days notice is required unless the court shortens time for good cause.
CH-120 — Response
Form CH-120 is the respondent’s answer. The respondent may agree, disagree, or propose alternative orders. The consequence of not filing CH-120 is that the judge proceeds based on the petitioner’s evidence at the hearing.
The respondent has the right to a hearing under due process principles affirmed in Schraer v. Berkeley Property Owners’ Assn. (1989). CH-120 is the procedural vehicle for that defense.
CH-130 — Restraining Order After Hearing
Form CH-130 is the long-term order issued at the hearing. It can last up to five years under CCP § 527.6(j)(1) and may be renewed. The consequence of not appearing at the hearing is dissolution of CH-110.
CH-130 carries the same firearms consequences as CH-110. The respondent remains barred from firearms for the duration of CH-130, and a fresh CH-800 may be required.
CH-200 — Proof of Personal Service
Form CH-200 documents that someone over 18 who is not a party served CH-100, CH-109, CH-110, and any exhibits on the respondent. The consequence of filing without CH-200 is that the judge cannot enforce the order at the hearing.
The sheriff serves civil harassment papers free of charge under Government Code § 26721 when violence is alleged. Otherwise, a registered process server completes CH-200 and files it with the court.
Firearms, CARPA, and 24-Hour Surrender
When CH-110 is granted, the respondent loses firearm rights immediately upon service. The relinquishment rules under Penal Code § 29825 and Penal Code § 527.9 are mandatory and time-limited.
The respondent has 24 hours to surrender firearms to a law enforcement agency or transfer them to a licensed dealer and 48 hours to file Form CH-800 with the court. Failure to comply is a misdemeanor under Penal Code § 29825(b).
The court enters the order into CARPA, the California Restraining and Protective Order System, and the California Law Enforcement Telecommunications System (CLETS). Officers anywhere in the state can verify the order in seconds. Mei discovered her ex-roommate violated CH-110 when an officer in Fresno pulled CARPA on a routine traffic stop.
A common misconception is that CARPA entry is optional or delayed. It is automatic; the clerk transmits the order the same day under California Rules of Court Rule 5.380, and the consequence of any delay is reduced enforceability between counties.
Mistakes to Avoid
These are the seven most common reasons CH-110 requests get denied or delayed at intake. Each comes from the California Courts Self-Help intake guidance and decades of clerk feedback.
- Filing CH-110 without CH-100, which results in automatic rejection because CH-110 is the order, not the petition.
- Using CH-110 when DV-110, WV-110, or EA-110 is the right form, which results in dismissal under Family Code § 6211.
- Leaving stay-away addresses blank or vague, which makes enforcement under Schild v. Rubin impossible at the scene.
- Using a nickname instead of full legal name in items 1 or 2, which causes CARPA mismatches and slow officer response.
- Self-serving the respondent, which violates CCP § 414.10 and voids service.
- Missing the five-day service window, which forces the judge to continue the hearing and may dissolve the TRO.
- Forgetting to attach exhibits referenced in CH-100, which weakens the showing under CCP § 527.6(d).
Dos and Don’ts for CH-110
These rules come straight from the Judicial Council instructions and from the civil harassment self-help guide.
Dos: – Do file CH-100 and CH-110 together because the judge needs both to issue protection. – Do specify exact addresses in items 4 and 5 because law enforcement needs precise distances to enforce. – Do request firearm surrender in item 6 because Penal Code § 29825 makes it mandatory. – Do attach all exhibits with bates-style page numbers because the judge weighs documentary evidence heavily. – Do use the free sheriff service when violence is alleged because it is faster and free under Government Code § 26721.
Don’ts: – Don’t serve the respondent yourself because CCP § 414.10 bars party service. – Don’t leave items 1 or 2 blank because CARPA cannot index the order. – Don’t request orders unsupported by facts in CH-100 because the judge will deny under CCP § 527.6(d). – Don’t skip the hearing because the TRO will dissolve and a permanent order under CH-130 becomes impossible. – Don’t store firearms with friends or family because Penal Code § 29830 only permits transfer to licensed dealers.
Pros and Cons of Civil Harassment TROs
Choosing a CH-110 path has clear benefits and limitations that every petitioner should weigh.
Pros: – Same-day relief is possible because the judge reviews ex parte under CCP § 527(c). – Statewide enforcement applies because CARPA entry happens immediately. – Filing fees are waived for violence-related petitions under Government Code § 70617(e). – Firearms relinquishment is automatic under Penal Code § 29825, which prevents escalation. – Long-term protection up to five years is available through CH-130.
Cons: – TROs are short, expiring within 21 to 25 days under CCP § 527.6(g). – Service must be personal, which can be hard when the respondent evades service. – Mutual orders are disfavored, and the court must make detailed findings before issuing them per CCP § 527.6(o). – The hearing requires “clear and convincing evidence,” a higher bar than “preponderance” under CCP § 527.6(i). – Civil harassment orders do not cover close family relationships, requiring separate DV-100 filings instead.
Key Entities and How They Connect
The civil harassment system relies on a network of decision-makers and databases that coordinate enforcement statewide. Each plays a distinct role under California law.
- The Judicial Council of California drafts and revises the CH forms, including the January 1, 2025 update to CH-110.
- The California Attorney General operates CARPA and oversees firearms compliance through the Bureau of Firearms.
- Local Superior Courts file, hear, and issue CH-110 orders through judicial officers under CCP § 527.6.
- County sheriffs serve CH papers without charge in violence cases under Government Code § 26721.
- The California Department of Justice CLETS network broadcasts orders to law enforcement statewide.
Recap of Key Court Rulings
A handful of appellate decisions shape how judges read CH-110 today. They control everything from evidentiary standards to the scope of permissible orders.
Schild v. Rubin (1991) clarified that conduct must be “knowing and willful” and lack legitimate purpose to qualify as harassment. The court rejected restraining orders aimed at routine neighborhood disagreements that did not meet the statutory definition.
Brekke v. Wills (2005) extended civil harassment relief to threatening letters from a teenage boyfriend to the petitioner’s daughter. The court emphasized that the harasser need not target the petitioner directly if the conduct seriously alarms the protected person.
Harris v. Stampolis (2016) confirmed that a single incident can satisfy the “credible threat of violence” prong even without a course of conduct. This ruling matters in workplace and school cases where one severe event triggers the order.
Parisi v. Mazzaferro (2016) approved tailored orders against online and electronic harassment, paving the way for social media takedown provisions in item 11. The court underscored judicial flexibility under CCP § 527.6.
Schraer v. Berkeley Property Owners’ Assn. (1989) established the due-process framework requiring notice and an opportunity to be heard before a permanent order issues, which is why CH-109 and CH-120 exist in the packet.
Federal Law Backdrop
Although CH-110 is a state form, federal law amplifies its effects. The Violence Against Women Act, 18 U.S.C. § 2265 requires every state to give “full faith and credit” to qualifying protective orders from other states. A California CH-110 is enforceable in Nevada, Oregon, or any other jurisdiction the protected person travels to.
Federal firearms law in 18 U.S.C. § 922(g)(8) makes it a federal crime for a respondent under a qualifying restraining order to possess any firearm or ammunition. The Supreme Court upheld this statute in United States v. Rahimi (2024), making federal prosecution a real consequence of violating CH-110.
The interplay matters because California enforcement officers can refer violations either to local prosecutors under Penal Code § 273.6 or to federal prosecutors under 18 U.S.C. § 2261 for interstate stalking. Daniel, a respondent who crossed into Arizona to harass his former neighbor, faced both state and federal charges after one CARPA hit.
A common misconception is that protective orders stop at state lines. They do not. The federal full-faith-and-credit rule, enforced through the National Crime Information Center Protection Order File, travels with the protected person.
County-Specific Filing Notes
Although CH-110 is a statewide form, counties differ in filing logistics. The Los Angeles Superior Court e-filing portal accepts CH packets electronically, while San Francisco Superior Court prefers paper at the Civic Center. San Diego Superior Court accepts both.
Local rules also affect ex parte timing. In Los Angeles, the LASC Local Rule 3.7 requires ex parte applications by 10:00 a.m. for same-day review. Sacramento, by contrast, accepts ex parte filings until noon. The consequence of missing the cutoff is overnight delay.
Self-help centers exist in nearly every county. The California Courts self-help locator lists in-person and remote help statewide. Aisha used the Alameda County self-help center to review her CH-100 and CH-110 the morning of filing, which prevented two intake mistakes.
FAQs
Is CH-110 the same as a restraining order?
Yes. CH-110 is the temporary restraining order in a civil harassment case under CCP § 527.6. It expires at the noticed hearing, when CH-130 may replace it.
Can I file CH-110 against a family member?
No. Civil harassment orders exclude close family relationships defined in Family Code § 6211. Use DV-100 and DV-110 instead for spouses, dating partners, and close relatives.
Do I have to pay a filing fee for CH-110?
No. Under Government Code § 70617(e)(1), filing fees are waived when the petition involves stalking, credible threats, or unlawful violence. Otherwise, a fee waiver application FW-001 is available.
Can I serve the CH-110 on the respondent myself?
No. CCP § 414.10 prohibits party service. A non-party adult, sheriff, or registered process server must serve the papers and complete Form CH-200.
Will the respondent lose firearms rights under CH-110?
Yes. Penal Code § 29825 requires immediate surrender within 24 hours of service. The respondent must file CH-800 within 48 hours.
How long does CH-110 last?
No more than 25 days. CCP § 527.6(g) sets a 21-day baseline, extendable to 25 days for good cause, until the noticed hearing on CH-130.
Can a judge issue CH-110 without notifying the respondent?
Yes. CCP § 527(c) allows ex parte issuance when irreparable harm would result from delay. The respondent receives notice through later service of CH-110 and CH-109.
Does CH-110 protect my children?
Yes. Under CCP § 527.6(c), other household members may be added in item 2 if they also face harassment. List each child by name and date of birth.
Is CH-110 enforceable outside California?
Yes. 18 U.S.C. § 2265 requires every state to give full faith and credit to qualifying protective orders, making CH-110 enforceable nationwide.
Can mutual restraining orders be issued under CH-110?
No, except in narrow cases. CCP § 527.6(o) requires both parties to file written requests and the court to make detailed findings of mutual harassment.
What happens if the respondent violates CH-110?
Yes, it is a crime. Penal Code § 273.6 makes any violation a misdemeanor punishable by up to one year in jail and a fine of up to $1,000.
Can I get CH-110 for online cyber-harassment?
Yes. Parisi v. Mazzaferro confirms that civil harassment relief reaches electronic and social media conduct, including doxxing, threats, and unwanted contact through any platform.
Related reading
- How to Fill Out California Form DV-100 (w/Examples) + FAQs
- How to Fill Out California Form DV-115 (w/Examples) + FAQs
- How to Fill Out California Form CH-100 (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 California Form WV-110 (w/Examples) + FAQs