How to Fill Out California Form CH-130 (w/Examples) + FAQs

California Form CH-130 is the Civil Harassment Restraining Order After Hearing, the official Judicial Council order a judge signs after holding a hearing on a Form CH-100 request. You fill it out by entering the parties’ names, checking the boxes the judge orders, listing protected people, setting personal-conduct and stay-away terms, addressing firearms, and writing the expiration date, then the judge signs and the clerk files it.

According to the Judicial Council of California court statistics report, California courts process well over 70,000 civil harassment restraining order petitions every year, and a large share end with a CH-130 order after hearing under Code of Civil Procedure § 527.6. Filling the form out wrong can void protection, delay CLETS entry, or trigger a denial.

Here is what you will learn in this guide:

• 📝 How to complete every line item on Form CH-130, box by box, with plain-English meaning.
• ⚖️ How CH-130 connects to CCP § 527.6, Penal Code § 29825, and the full lifecycle of CH-100, CH-109, CH-110, CH-120, and CH-200.
• 👥 Three named, real-world scenarios — neighbor, workplace stalker, and online harasser — showing exactly how the form is filled.
• 🚫 The seven most common mistakes self-represented filers make and the consequences of each.
• 🔫 Firearms relinquishment, fee waivers, service, renewals, and post-hearing CLETS steps.

What Form CH-130 Is and Why It Exists

Form CH-130 is the order a California judge signs after a contested or default hearing on a civil harassment restraining order request. The request itself starts with Form CH-100, and a temporary order may issue first on Form CH-110. CH-130 is the long-term order that replaces the temporary order and can last up to five years under the express text of CCP § 527.6(j)(1).

The plain-English purpose is simple. CH-130 tells a specific person (the restrained person) to stop harassing, contacting, or coming near another specific person (the protected person), and it tells police what to enforce. The consequence of violating CH-130 is a misdemeanor under Penal Code § 273.6, punishable by up to one year in county jail and a $1,000 fine.

A real-world example helps. Maria lives in Fresno and her former roommate David keeps showing up at her work after she moved out. Maria files CH-100, gets a temporary CH-110, attends the hearing, and the judge issues a CH-130 ordering David to stay 100 yards away for three years. A common misconception is that CH-130 is automatic if you win the hearing — it is not. The judge must check specific boxes and the petitioner often has to propose the exact terms in writing.

The Statutory Foundation: CCP § 527.6

The civil harassment statute is Code of Civil Procedure § 527.6, and the entire CH-130 form is built on it. The statute defines harassment as unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that seriously alarms, annoys, or harasses and serves no legitimate purpose. The conduct must cause a reasonable person to suffer substantial emotional distress, and it must actually cause that distress.

The consequence of misreading the statute is a denied order. The petitioner must prove harassment by clear and convincing evidence, a higher bar than the usual civil preponderance standard, as the California Supreme Court reinforced in cases like Harris v. Stampolis (2016) 248 Cal.App.4th 484. A common misconception is that one rude argument qualifies — it does not, because § 527.6 requires a course of conduct unless the act is violence or a credible threat.

Where CH-130 Fits in the Form Family

CH-130 is one of roughly a dozen civil harassment forms that travel together. The request is CH-100, the notice of hearing is CH-109, the temporary order is CH-110, the response is CH-120, proof of service is CH-200, and the renewal is CH-700. Each form has a distinct role, and confusing them is a leading reason petitions fail.

The consequence of grabbing the wrong form is severe. If you hand the judge a CH-110 instead of a CH-130 after a full hearing, the order may be entered as temporary and expire in three weeks. A real example: Jamal in Los Angeles won his hearing but the clerk’s packet only contained CH-110 — police later told him the order was not enforceable past the temporary date, and he had to refile.

Before You Fill Out CH-130: Required Preparation

Do not touch CH-130 until your CH-100 has been filed, served, and heard. The form is an order, not a petition, so you cannot start the case with it. The court fee for civil harassment cases is generally waived when the request alleges violence or a credible threat of violence under Government Code § 70616.5, and other filers can request a waiver using Form FW-001.

Bring three things to the hearing. First, a typed draft of the CH-130 with proposed terms — judges appreciate this and many local rules require it. Second, evidence: texts, photos, videos, witness declarations on Form MC-030. Third, a process server or adult third party so you can serve the signed order the same day using CH-200.

A common misconception is that the court will mail the signed CH-130 to the restrained person. It will not. You must arrange personal service, and until that service is complete the order is generally unenforceable against the restrained person under CCP § 527.6(s).

Step-By-Step: How to Fill Out Every Section of Form CH-130

The CH-130 follows a numbered structure that mirrors CH-100. Below is a section-by-section walkthrough using the current Judicial Council CH-130 PDF as the reference.

Caption: Court, Parties, and Case Number

The top caption asks for the Superior Court of California, County of ___, the court address, the Protected Person’s name, the Restrained Person’s name, and the case number. Enter the county where the harassment happened or where either party lives, because CCP § 395 governs venue. The case number is whatever the clerk assigned when CH-100 was filed.

The consequence of caption errors is real. A wrong county can let the restrained person move to quash for improper venue. A misspelled name on the restrained person line can make CLETS reject the entry, leaving police unable to verify the order on a roadside stop. Sofia in San Diego wrote her ex’s nickname instead of legal name on CH-130, and dispatch could not match it when she called 911 — always use the legal name plus known aliases.

Item 1: Protected People

Item 1 lists the protected person plus any additional protected persons — household members, minor children, dating partners, or coworkers — under CCP § 527.6(c). The judge must find that the additional people need protection because of their relationship to the primary protected person and because harassment of them is reasonably likely.

The consequence of leaving someone off is that police cannot enforce the order to protect that person. If the restrained person harasses an unlisted child, officers will tell you it is a separate matter. A real example: Priya forgot to list her 12-year-old son, and when the restrained neighbor approached the boy at the bus stop, police could only file a separate report. A common misconception is that “household member” is automatic — it is not, each person must be named.

Item 2: Expiration Date

Item 2 is the expiration date of the order, up to five years from the hearing date under CCP § 527.6(j)(1). Many petitioners ask for the full five years, but judges often default to two or three unless the evidence justifies more. The form requires both a date and a time of expiration, usually 11:59 p.m.

The consequence of leaving Item 2 blank is fatal — police treat undated orders as expired, and CLETS will reject the entry. Renewal is possible by filing CH-700 before expiration, and renewals can be permanent under Cooper v. Bettinger (2015) 242 Cal.App.4th 77. A common misconception is that orders renew automatically — they never do.

Item 3: Personal Conduct Orders

Item 3 contains the personal conduct prohibitions — the heart of the order. The restrained person must not harass, intimidate, molest, attack, strike, stalk, threaten, assault, hit, abuse, destroy personal property of, disturb the peace of, or block movements of the protected people. The judge checks each behavior to be ordered, and almost always checks all of them.

Item 3 also bans contact, 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 email, by text message, by fax, or by other electronic means. The consequence of vague language is a defendant who argues a loophole — for example, claiming that a Snapchat message is not “electronic.” The form’s catch-all electronic language closes that gap. Kevin, a tech worker in San Jose, had a CH-130 against a former contractor who then posted on LinkedIn — because Item 3 banned all electronic contact, the post was a violation.

A common misconception is that the protected person may safely contact the restrained person. They may, but the order still binds the restrained person. Even an invited contact can be a violation by the restrained person, as the Court of Appeal explained in People v. Gonzalez (2017) 12 Cal.App.5th 642.

Item 4: Stay-Away Orders

Item 4 sets the stay-away distances. The judge writes a number of yards — often 100 — that the restrained person must keep from the protected person, their home, job, school, vehicle, and children’s school or daycare. Each location is a checkbox; only checked locations are enforceable.

The consequence of skipping a location is enforcement gaps. If the protected person’s vehicle is not checked, the restrained person can park next to it without violating the order. Move-out orders are not available under CH-130 in the same way as domestic violence orders, because § 527.6 does not authorize residence exclusion against non-cohabitants — a key difference from DV-130.

A real example: Rachel in Sacramento listed her apartment but forgot her gym, where the restrained person was a member. The judge later modified the order on a CH-600 request, but for two months Rachel had to change gyms. A common misconception is that “100 yards” is universal — judges can order more or less, and 100 yards is roughly the length of a football field, not a city block.

Item 5: Firearms

Item 5 prohibits the restrained person from owning, possessing, purchasing, receiving, or attempting to purchase or receive any firearm or ammunition while the order is in effect, under Penal Code § 29825 and federal 18 U.S.C. § 922(g)(8). The restrained person must turn in, sell to a licensed dealer, or store with police any firearms within 24 hours of service and file Form CH-800 proof of compliance within 48 hours.

The consequence of ignoring Item 5 is a separate felony under Penal Code § 29825(a). A real-world example: Brandon in Riverside kept a hunting rifle in his garage after a CH-130 issued; when police later investigated an unrelated call, they found the rifle and he was charged with a felony. A common misconception is that long guns are exempt — they are not, the ban covers any firearm and ammunition.

Item 6: Record Unlawful Communications

Item 6 lets the protected person record communications the restrained person makes in violation of the order, an exception to the two-party-consent rule of Penal Code § 632. The judge must check the box for this to apply.

The consequence of forgetting to ask for Item 6 is that secretly recorded voicemails may be inadmissible and the protected person may even face civil liability. Always request it. A common misconception is that recording is always legal in self-defense — California law is strict, and the CH-130 carve-out is narrow.

Item 7 Through 10: Other Orders, Custody, Property, and Costs

Items 7 through 10 cover other orders the court finds necessary, brief custody and visitation references for parents who share children, return of personal property, and attorney fees and costs. Civil harassment cases generally do not handle full custody — that is the domain of family court — but the judge may order temporary handoff arrangements if children are protected persons.

Attorney fees are discretionary under CCP § 527.6(s). The prevailing party may recover reasonable fees, which the Court of Appeal confirmed in Krug v. Maschmeier (2009) 172 Cal.App.4th 796. A common misconception is that pro per filers cannot recover fees — they cannot recover attorney fees they did not pay, but they can recover costs like filing fees and service fees.

Item 11: No Fee to Serve Order

Item 11 directs the sheriff or marshal to serve the order without charge when the case involves stalking, threats, or violence under Government Code § 26721. Always check this box if any violence allegation exists. The consequence of skipping it is a $40 to $145 service fee out of pocket.

Item 12: Number of Pages and Judge’s Signature

The final page asks for the total number of pages attached and the judge’s signature. The clerk file-stamps the order, and that stamp is what makes CH-130 enforceable. A common misconception is that a tentative ruling counts — it does not, only a signed and filed CH-130 is an order police can enforce.

Three Real-World Scenarios With Filled CH-130 Outcomes

Below are three of the most common civil harassment patterns and how each CH-130 plays out in practice. Each scenario uses a named example and explains both the action and the result.

Filer’s Action	Court Outcome on CH-130
Neighbor dispute — Maria vs. David. Maria files CH-100 alleging six months of yelling, banging on shared walls, and one shoving incident. She brings dated photos and one witness declaration on MC-030.	Judge issues 3-year CH-130 with 100-yard stay-away from Maria’s apartment and workplace, full personal-conduct ban, firearms surrender, and Item 6 recording authority.
Workplace stalker — Kevin vs. ex-contractor. Kevin’s employer files a separate WV-100 workplace order, and Kevin personally files CH-100 for off-work harassment.	Judge issues 5-year CH-130 covering Kevin’s home, gym, and child’s school; firearms order entered; sheriff service fee waived under Item 11.
Online harasser — Priya vs. anonymous poster later identified. Priya subpoenas platform records, identifies the poster, serves CH-100, and presents screenshots authenticated under Evidence Code § 1552.	Judge issues 2-year CH-130 with full electronic-contact ban, no in-person stay-away because parties live in different counties, and Item 6 recording authority.

After CH-130 Is Signed: The Post-Hearing Checklist

Winning the hearing is only half the work. Once the judge signs CH-130, you must move quickly to make it enforceable everywhere.

First, get certified copies from the clerk — usually free for civil harassment orders. Second, arrange personal service on the restrained person using CH-200; the sheriff will do it free if Item 11 is checked. Third, confirm the court entered the order into CLETS within one business day, as required by CCP § 527.9. Fourth, monitor the 24-hour firearms turnover and confirm CH-800 was filed.

The consequence of skipping any step is enforcement failure. Sofia in San Diego had a perfectly drafted CH-130 but never served it; when her ex showed up at her door, police could only ask him to leave because they could not confirm service. A common misconception is that emailing a PDF of CH-130 counts as service — it does not, except in narrow situations the court specifically authorizes.

Out-of-State Enforcement

CH-130 is enforceable in every U.S. state and tribal land under the federal Violence Against Women Act full-faith-and-credit provision, 18 U.S.C. § 2265. You do not need to register the order, but registration through a local court can speed up police response. The consequence of moving without registering is sometimes a delay while officers verify the California order through NCIC.

Modifying or Renewing CH-130

To modify, file CH-600. To renew, file CH-700 before expiration — even one day late and you must start over with a new CH-100. Renewals can be permanent if the protected person reasonably fears future harassment, under the standard from Ritchie v. Konrad (2004) 115 Cal.App.4th 1275.

Mistakes to Avoid When Filling Out CH-130

These are the seven most common errors that derail self-represented filers and the consequence of each.

• Leaving Item 2 expiration blank. Police treat undated orders as expired, and CLETS rejects the record entirely.
• Failing to list additional protected persons in Item 1. Officers cannot enforce the order to protect unlisted family members.
• Using nicknames in the caption. CLETS cannot match the restrained person, and dispatch will not confirm the order.
• Skipping Item 6 recording authority. Voicemails violating the order may become inadmissible at the next hearing.
• Forgetting Item 11 sheriff-fee waiver. You pay $40–$145 out of pocket for service that should be free.
• Not requesting firearms surrender in Item 5. The federal firearm prohibition still applies, but state enforcement is weaker without the explicit order.
• Missing the renewal deadline. Filing CH-700 even one day late forces a brand-new CH-100 with a fresh evidentiary burden.

Do’s and Don’ts for CH-130

• Do bring a typed draft CH-130 to the hearing — many judges will sign your version with edits.
• Do list every location the restrained person knows about, including your gym and your child’s daycare, because each unchecked location is an enforcement gap.
• Do ask for the full five years and let the judge reduce it, since requesting less locks you in.
• Do request Item 6 recording authority, because evidence of future violations is critical.

• Do check Item 11 sheriff-fee waiver if any violence allegation exists, to avoid out-of-pocket service costs.

• Don’t rely on the clerk to mail the order — service is your job under CCP § 527.6(s).

• Don’t assume nicknames are enough; legal names plus aliases are required for CLETS.
• Don’t skip CH-800 follow-up — firearms compliance is independently enforceable.
• Don’t contact the restrained person yourself, because mutual orders make enforcement messy.
• Don’t miss the CH-700 renewal deadline; an expired order cannot be revived.

Pros and Cons of Pursuing a CH-130

• Pro: Enforceable nationwide under 18 U.S.C. § 2265, giving protection across state lines.
• Pro: Free filing and free sheriff service when violence is alleged.
• Pro: Up to five years of protection with possible permanent renewal.
• Pro: Triggers federal firearm prohibition automatically.

• Pro: Misdemeanor enforcement under Penal Code § 273.6 gives police clear arrest authority.

• Con: Requires clear and convincing evidence, a higher bar than ordinary civil cases.

• Con: Public court record that may surface in background checks for the restrained person but also for the petitioner in some searches.
• Con: No move-out order available under § 527.6, unlike domestic violence orders.
• Con: Mutual orders are possible if the restrained person countersues credibly.
• Con: Renewal requires affirmative filing — there is no auto-renew.

Key Entities You Should Know

The Judicial Council of California drafts and updates CH-130 itself. The Superior Court of each county hears and signs the order. The clerk’s office file-stamps and enters CH-130 into CLETS. The California Department of Justice maintains the CLETS database and the Armed Prohibited Persons System. The sheriff or marshal serves the order under Government Code § 26721. The Bureau of Firearms tracks compliance with Penal Code § 29825.

Each entity plays a role and each can be a point of failure. The clerk who forgets to upload CH-130 to CLETS leaves the protected person without police enforcement until the upload happens. The sheriff who delays service leaves the restrained person free to harass without legal consequence. Knowing which office to call when something goes wrong saves weeks.

Recap of Key Court Rulings on CH-130 and § 527.6

Harris v. Stampolis (2016) 248 Cal.App.4th 484 confirmed that a single threat can satisfy § 527.6 if it is credible and causes substantial emotional distress. Brekke v. Wills (2005) 125 Cal.App.4th 1400 held that letters expressing anger and threats can be a course of conduct even if no physical contact occurs. Cooper v. Bettinger (2015) 242 Cal.App.4th 77 authorized permanent renewal of CH-130 orders when reasonable fear continues. Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, although a domestic violence case, sets the renewal standard courts apply to CH-700 civil harassment renewals.

These rulings shape what evidence wins and what evidence loses. A petitioner who cites Harris in argument can sometimes secure a CH-130 on a single credible threat. A petitioner who fails to articulate ongoing fear may lose a renewal under Ritchie.

Frequently Asked Questions

Is CH-130 the same as a temporary restraining order?

No. CH-130 is the order after hearing and can last up to five years. The temporary order is CH-110, which expires at the hearing date set on CH-109.

Do I have to pay a filing fee for CH-130?

No. Civil harassment cases alleging violence or credible threats are fee-exempt under Government Code § 70616.5. Other filers can request a waiver using Form FW-001 from the clerk’s office.

Can the restrained person own a firearm during a CH-130?

No. Penal Code § 29825 and federal 18 U.S.C. § 922(g)(8) prohibit firearm possession. The restrained person must surrender firearms within 24 hours of service.

Does CH-130 cover online harassment?

Yes. Item 3 includes electronic communications such as email, text, and social media. Courts have applied this language to platforms like Facebook, LinkedIn, and Snapchat under CCP § 527.6.

Can I list my children on CH-130?

Yes. Item 1 allows additional protected persons, including minor children, when the judge finds harassment is reasonably likely to extend to them under CCP § 527.6(c).

Will the court serve the order for me?

No. You must arrange personal service. The sheriff or marshal will serve free of charge if Item 11 is checked and the case involves violence or threats under Government Code § 26721.

Can CH-130 last forever?

Yes. A CH-700 renewal can be permanent if the protected person shows reasonable fear of future harassment, under the standard from Cooper v. Bettinger and Ritchie v. Konrad.

Is CH-130 enforceable outside California?

Yes. Under 18 U.S.C. § 2265 full faith and credit, every state and tribal jurisdiction must enforce a valid CH-130 order without separate registration.

Can I record the restrained person without consent?

Yes. But only if the judge checked Item 6, which creates a narrow exception to Penal Code § 632. Recordings outside that authorization may be inadmissible.

Does violating CH-130 create a criminal record?

Yes. Violation is a misdemeanor under Penal Code § 273.6, punishable by up to one year in county jail, a $1,000 fine, and a permanent criminal record.

Can I modify CH-130 after it is signed?

Yes. Either party may file CH-600 to request modification or termination, and the court will set a hearing to decide whether continued protection is justified.

Is CH-130 the right form for workplace harassment?

No. Employers should use WV-100 workplace violence orders under CCP § 527.8. Individual employees may still file CH-100 and obtain CH-130 for off-duty harassment.