If someone is harassing, stalking, or threatening you — and they're not an intimate partner or close family member — you may be wondering what your legal options are. A civil harassment restraining order California courts can issue under Civil Code §527.6 may be exactly what you need.
This guide walks through what a CHRO is, who qualifies, what "harassment" means under California law, and every step of the filing process from the first form to the final hearing. You don't need an attorney to file. You do need to do it right.
What Is a Civil Harassment Restraining Order?
A civil harassment restraining order (CHRO) is a court order that requires a person to stop harassing, contacting, or coming near you. It is filed in California Superior Court using the CH-100 form series under Civil Code §527.6.
CHROs are designed for situations where the person causing harm is not an intimate partner or close family member. That distinction matters — different restraining order types cover different relationships:
- Domestic Violence Restraining Order (DVRO) — DV-100 series — covers spouses, former spouses, registered domestic partners, people you've dated or lived with, and close family members
- Civil Harassment Restraining Order (CHRO) — CH-100 series — covers everyone else: neighbors, coworkers, acquaintances, strangers, landlords, and anyone outside of an intimate or family relationship
- Workplace Violence Restraining Order — WV-100 series — filed by an employer on behalf of employees
- Elder or Dependent Adult Abuse Restraining Order — EA-100 series — specific protections for elder and dependent adults
If your situation involves a neighbor who won't stop, a coworker who has become threatening, an acquaintance who is stalking you, or a stranger who keeps showing up — the CH-100 civil harassment restraining order California process is your route.
What Counts as "Harassment" Under California Law?
Not every unpleasant interaction qualifies. Civil Code §527.6 defines harassment as:
- Unlawful violence — assault, battery, stalking
- A credible threat of violence — a statement or conduct that makes you reasonably fear for your safety or the safety of your immediate family, made with the apparent ability to carry it out
- A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, serves no legitimate purpose, and would cause substantial emotional distress to a reasonable person
The "course of conduct" standard is the most commonly used — and the most commonly misunderstood. It requires a pattern of behavior, not a single incident. Multiple texts, repeated appearances, persistent unwanted contact, ongoing surveillance — these are the kinds of facts that meet the threshold.
A single incident can qualify only if it involves a direct, credible threat of violence.
Key terms to know:
- "Serious alarm" — the conduct must go beyond annoyance and create genuine, reasonable fear
- "No legitimate purpose" — calling a business contact about a work matter has a purpose; calling 40 times a day after being told to stop does not
- "Substantial emotional distress" — courts look at whether a reasonable person in your position would experience significant distress, not just irritation
How Is This Different From a Domestic Violence Restraining Order?
The forms are different. The court is different. But the legal force is the same.
| Civil Harassment (CHRO) | Domestic Violence (DVRO) | |
|---|---|---|
| Form series | CH-100 | DV-100 |
| Court | Civil Court | Family Court |
| Who it covers | Neighbors, coworkers, strangers, acquaintances | Spouses, partners, family members, former partners |
| Statute | Civil Code §527.6 | Family Code §6200 et seq. |
| CLETS entry | Yes | Yes |
| Violation penalty | Penal Code §273.6 (misdemeanor/felony) | Penal Code §273.6 (misdemeanor/felony) |
| TRO same day | Yes | Yes |
| Duration | Up to 5 years | Up to 5 years |
Both a civil harassment restraining order California and a DVRO enter the respondent's information into the CLETS (California Law Enforcement Telecommunications System) database. That means law enforcement anywhere in California can immediately verify and enforce the order if the respondent is contacted.
Using the wrong form series — filing a CH-100 when a DV-100 is required, or vice versa — is one of the most common reasons orders get denied or delayed. Match your situation to the right series before you file.
Step-by-Step: How to File a Civil Harassment Restraining Order in California
Step 1: Complete the CH-100 Petition
The CH-100 (Request for Civil Harassment Restraining Orders) is the core document. It asks for:
- Your name and address (can be kept confidential from the respondent)
- The respondent's name, address, and physical description
- What you are requesting (stay-away order, no-contact order, move-out order if sharing a home)
- The factual basis for your request
Fill in every applicable section completely. Blank or vague sections weaken your petition.
Step 2: Write Your Supporting Declaration
Your declaration is the most important part of your filing. It is the narrative the judge reads to decide whether to grant a TRO the same day — and the evidentiary foundation for your full hearing.
Write it in first person, past tense, specific and chronological order. Include:
- Exact dates and times of specific incidents
- What the respondent said or did — use direct quotes where possible
- Where each incident occurred
- Who was present as a witness
- How you responded (told them to stop, blocked their number, filed a police report, etc.)
- The impact on you (inability to sleep, fear of leaving home, changed routines, emotional distress)
Do not write general summaries like "they constantly bother me." Write: "On March 14, 2026 at approximately 9 PM, [name] appeared at my front door for the fourth time that week and stated…"
The "course of conduct" must be established through specific, documented incidents showing a pattern.
Step 3: File at the Courthouse
Bring your completed CH-100, your declaration, and any supporting documentation (screenshots, photos, police reports) to the civil window of your county Superior Court.
You will pay a filing fee of approximately $435–$450. If you cannot afford the fee, request a FW-001 (Request to Waive Court Fees) from the clerk — income-eligible petitioners can have fees waived.
The clerk will stamp your documents and send them to a judge for same-day review.
Step 4: TRO Granted (or Not) — Same Day
A judge will review your CH-100 and declaration without the respondent present (this is called an ex parte hearing). The judge will either:
- Grant the TRO — sign the CH-110 (Temporary Restraining Order), which takes effect immediately and is valid for up to 21 days
- Deny the TRO — if the judge finds insufficient grounds for immediate emergency relief (you may still proceed to a full hearing)
- Set a hearing only — schedule a full hearing without issuing a TRO
You may be asked to wait in the courthouse while the judge reviews. Bring everything you may need for the day.
Step 5: CH-109 Issued — Notice of Court Hearing
Once the TRO is signed (or a hearing is set without a TRO), the court issues the CH-109 (Notice of Court Hearing), which sets the date, time, and location of the full hearing — typically within 15–21 days.
This document must be served on the respondent along with a copy of your CH-100 and CH-110.
Step 6: Serve the Respondent
Service of process is your responsibility. The respondent must be personally served with the CH-109, CH-100, CH-110 (if issued), and any other filed documents before the hearing date.
Service rules:
- The server must be at least 18 years old and not a party to the case (you cannot serve the respondent yourself)
- Service must be personal service — handing the documents directly to the respondent
- After service is completed, the server fills out a proof of service form, which you file with the court before the hearing
If you cannot locate the respondent for service, contact the clerk about alternatives — but be aware that a hearing cannot proceed without service (or a documented, diligent attempt).
Step 7: Attend the Full Hearing
The hearing is your opportunity to present your case before a judge — with the respondent present and able to contest.
Bring everything:
- Printed copies of all filed documents
- Screenshots, texts, emails, social media posts (printed if possible)
- Witness statements or witnesses who can testify
- Incident log
- Any police reports, medical records, or counseling records documenting impact
The burden of proof at a CHRO hearing is preponderance of the evidence — meaning it is more likely than not that harassment occurred as you described. This is a lower standard than criminal "beyond a reasonable doubt," but you still need credible, specific evidence.
The respondent may appear with or without an attorney and can testify and present counter-evidence. Be prepared for this.
Step 8: CH-115 Issued if Granted
If the judge grants the order, they sign the CH-115 (Order After Hearing) — the permanent restraining order. This is valid for up to 5 years and specifies:
- Required distance from your home, workplace, school, or vehicle
- Prohibition on all contact (phone, text, email, through third parties)
- Any other conditions the judge imposes
The CH-115 is entered into CLETS immediately. Get certified copies from the clerk — keep one with you, give one to your employer, and one to local law enforcement if relevant.
The Declaration: What the Judge Needs to See
The supporting declaration is where most CHRO petitions fail. Judges are looking for:
- Specific incidents — not summaries or generalizations
- A pattern of conduct — multiple incidents showing intentional, repeated behavior
- The respondent's knowledge — evidence they knew the behavior was unwanted (e.g., you told them to stop, blocked their number, filed a police report)
- Your reasonable fear — why the conduct would alarm a reasonable person in your position
- No legitimate purpose — why there's no valid reason for the contact
Strong declaration: "On April 2, 2026 at 7:15 AM, [name] appeared outside my apartment building and watched my unit from across the street for approximately 45 minutes. This was the third consecutive morning he had appeared. I photographed him from my window. On March 28, I had texted him stating 'Do not contact me or come to my home again.' He did not respond to the text."
Weak declaration: "He keeps coming around and making me nervous. This has been going on for a few months and I am scared."
Service Rules: Who Can Serve, When, and How
The CH-100 series requires personal service — the server must physically hand the documents to the respondent.
Who can serve:
- Any adult (18+) who is not a party to the case
- A friend, adult family member, coworker, or professional process server
- A law enforcement officer (some counties allow sheriffs to serve for a fee)
Timing:
- Service must be completed before the hearing date
- Courts typically require proof of service to be filed a minimum of 5 days before the hearing (check your county's local rules)
After service:
- The server completes the CH-200 (Proof of Service of Order After Hearing) — this is different from the proof of service for the TRO documents
- You file the completed CH-200 with the clerk before (or at) the hearing
Failure to properly serve the respondent — or failure to file proof of service before the hearing — is one of the most common procedural errors that leads to postponed or dismissed hearings.
What Happens at the Hearing
The full hearing is a mini-trial. Here's what to expect:
- The judge has read your CH-100 and declaration
- You will have the opportunity to testify and present evidence
- The respondent (if present) has the right to respond, cross-examine, and present their own witnesses
- The judge will ask questions of both parties
- After hearing both sides, the judge rules from the bench
If granted: CH-115 signed, CLETS entry made, certified copies available If denied: The TRO expires; you may seek other remedies or consult a legal aid organization about your options
Duration and Renewal
- Temporary Restraining Order (CH-110): Valid up to 21 days, until the hearing date
- Order After Hearing (CH-115): Valid up to 5 years
- Renewal: You can file to renew a civil harassment restraining order California before it expires. The respondent does not need to have committed a new violation — you simply need to show a reasonable apprehension that harassment would resume without the order
File for renewal at least 2–3 weeks before the expiration date to avoid any gap in protection.
6 Common Mistakes That Get CHROs Denied
1. Vague declaration Judges cannot grant orders based on general statements. "He keeps bothering me" is not enough. Specific dates, specific incidents, specific words matter.
2. Not meeting the "course of conduct" threshold One isolated incident usually isn't enough unless it involved a direct, credible threat of violence. Document the pattern.
3. Using the wrong form series Filing DV-100 when CH-100 is required (or vice versa) causes delays and can result in outright denial. Match the relationship type to the correct series.
4. Service timing errors If the respondent isn't served before the hearing — or proof of service isn't filed on time — the hearing may be continued or dismissed. Don't leave service to the last minute.
5. No evidence at the hearing A verbal account alone is less persuasive than documented evidence. Print your screenshots. Organize your texts. Bring witnesses who can corroborate.
6. Petitioner doesn't show up If you don't appear at the hearing, the case will be dismissed. The hearing date is not optional.
Frequently Asked Questions
Does the harasser get notified before the TRO is issued? No. The TRO process is ex parte — the judge reviews your petition without the respondent present. The respondent is only notified after the TRO is signed, through the service of process step. This is why the TRO can be issued the same day you file.
Can I get a civil harassment restraining order without a lawyer? Yes. The CH-100 process is designed to be accessible to self-represented individuals. California courts have self-help centers at most courthouses that can answer procedural questions. Bigfirmlit prepares your complete CH-100 series packet for $159 flat — you file and appear yourself, no attorney required.
What if the respondent lives out of state? California courts can still issue a CHRO if the harassment is occurring in California or is directed at a California resident. However, service across state lines adds complexity — you may need a process server in the respondent's state and should verify compliance with that state's service rules. Once issued, the order is enforceable in California. Enforcement in another state may require registration there.
Get Your CH-100 Packet Prepared for $159
Filing a civil harassment restraining order in California without an attorney is possible — but the paperwork has to be right. Vague declarations, missing forms, and service errors are the three most common reasons CHROs get denied.
Bigfirmlit prepares your complete Harassment Claim Packet — California Edition for $159 flat:
- All CH-100 series forms (CH-100, CH-109, CH-110, CH-115, CH-200)
- Declaration preparation guidance tailored to the §527.6 standard
- Service of process instructions (who, when, how)
- County-specific filing guidance for LA, Orange, San Diego, Alameda, and Sacramento
Attorneys charge $1,500–$3,500 for the same case. You file. We prepare.
Get your Harassment Claim Packet — $159 →
Bigfirmlit is a non-attorney, self-help legal document preparation service registered as an LDA in California. We prepare documents only — we do not provide legal advice or represent clients. Nothing in this article constitutes legal advice. If you need legal advice about your specific situation, consult a licensed California attorney.