Civil Harassment

1. the defendant's conduct is intentional; and
2. the defendant has done a series of acts (more than one) which seriously alarm, annoy, or harass you (the plaintiff); and
3. plaintiff has suffered a lot of emotional distress; and
4. the defendant's conduct has no legitimate reason and is not protected by the Constitution.

The packet of forms necessary to apply for a civil harassment restraining order can be obtained at the Courthouse, between the hours of 9:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. Or you may download the necessary forms by linking to the Court's forms page and the web site for Judicial Council of California.

The forms contained in the Civil Harassment packet are:

Please present the completed civil harassment forms to the Clerks Office located in the Courthouse at 500 Argonaut Lane, Jackson, CA.

Filing Fees

• If petitioner alleges no violence in the petition, the fee will be $320.00
• If petitioner alleges violence in the petition, the court may order the fee waived.

Filing Requirements

If you have an immediate need for a restraining order, you must schedule an ex parte hearing and provide 4 hours telephone notice to the person to be restrained.  It is the responsibility of the petitioner to have the respondent personally served.  In addition, the petitioner will be required to submit a copy of the filed paperwork to the appropriate law enforcement agencies.  Proof of service for the respondent must be presented and filed with the Court prior to the civil harassment restraining order hearing.

Continuing your Civil Harassment Court Date

There are two ways you can continue your Court date on your civil harassment case.  If you have been unable to serve the defendant, you will need to obtain an "Application and Order for Reissuance of Order to Show Cause (Harassment)," Judicial Council Form, CH-125.  This Judicial Council form is available at the Clerk's office between the hours of 9:30 a.m. to 4:00 p.m., Monday through Friday, excluding Court holidays, or you can download the form from the Judicial Council's website.  This form must be completed and filed along with a copy of your prior application for civil harassment attached to the form, prior to the date of your scheduled hearing.

You may also orally request a continuance in Court during your hearing.  At that time, if your request for continuance is granted, the judge will sign the application and order for reissuance form for you to obtain a new hearing date.  Both methods of continuing the Court date extend your temporary restraining order so you will be protected until the new hearing date. 

Domestic Violence Restraining Order

A domestic violence restraining order applies to the following relationships: a spouse or former spouse; person you are dating; lover; mother or father of your child; related to you by blood, marriage or adoption (example: mother, father, child, brother, sister, grandparent, in-law); or a person who regularly lives in your home.

The packet of forms necessary to apply for a civil harassment restraining order can be obtained at the Clerks Office, between the hours of 9:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. Or you may download the necessary forms by linking to the Court's forms page and the web site for Judicial Council of California.

The forms contained in the Domestic Violence packet are:

Filing Fee

No filing fees are required.

Filing Requirements

If you have an immediate need for a restraining order, you must complete and submit the completed DV-100 & DV-110. The court will then decide if issuing temporary orders is appropriate, and you will receive a call when your paperwork is ready for pickup.  It is the responsibility of the petitioner to have the respondent personally served which can be done by anyone over 18, not a party to the action. The Amador Sheriff Department will serve these papers at no cost to you.  Proof of service, Judicial Council form DV-200, onthe respondent must be presented and filed with the Court prior to the restraining order hearing.

Continuing your Domestic Violence Court Date

There are two ways you can continue your Court date on your domestic violence case.  If you have been unable to serve the defendant, you will need to obtain an "Application and Order for Reissuance of Order to Show Cause (Domestic Violence)," Judicial Council Form, DV-125.  This Judicial Council form is available on line at Judicial Council of California, or at the Clerks office,  between the hours of 9:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.  This form must be completed and filed along with a copy of your prior application for domestic violence attached to the form prior to the date of your scheduled hearing.

You may also orally request a continuance in Court during your hearing.  At that time if your request for continuance is granted, the judge will sign the application and order for reissuance form for you to obtain a new hearing date.  Both methods of continuing the Court date extends your restraining order so you will be protected until the new hearing date. 

Workplace Violence

Any employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the Court.  The employer initiates the action with the filing of a "Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee and Application for Temporary Restraining Order."  The initial order rendered is in the form of temporary restraining orders with a corresponding Court hearing date, at which time a restraining order lasting up to three (3) years may be granted.

The employer asking for this order, on behalf of his or her employee against the other person, may file a petition at Clerk's office.  The necessary forms may be downloaded by linking to the web site for the Judicial Council of California. The  Judicial Council also provides instructions for lawsuits to prohibit workplace harassment, Judicial Council Form WV-150.  This instruction booklet describes Court orders an employer can get and how to obtain them.  It also includes directions for a respondent who wants to oppose the employer's petition. The instructions do not cover all of the problems and questions that may arise in a particular case.  If you are not clear on how to protect your rights, you should see an attorney.
 

List of Judicial Council Forms for Workplace Violence:

Filing Fees

• If petitioner alleges no violence in the petition, the fee will be $320.00
• If petitioner alleges violence in the petition, the court may order the fee waived

Filing Requirements

If you have an immediate need for a restraining order, you must schedule an ex parte hearing and provide 4 hours telephone notice to the person to be restrained.  It is the responsibility of the petitioner to have the respondent personally served.  In addition, the petitioner will be required to submit a copy of the filed paperwork to the appropriate law enforcement agencies.  Proof of service for the respondent must be presented and filed with the Court prior to the civil harassment restraining order hearing.

Emergency Protective Order

An emergency protective order is issued by a judge at the request of a law enforcement officer where there is a danger of domestic violence, child abuse, abduction or elder abuse.  Usually the law enforcement officer has been called out to a person's residence for a disturbance.  If the officer feels an emergency protective order is necessary, then the officer will contact the Court to speak to a judicial officer.

If you are issued an emergency protective order, this protective order is only temporary and you must come to the Clerk's Office, located at 500 Argonaut Lane, Jackson, CA to file for an application for a permanent restraining order.