NOTE: Obtaining a restraining order can be complicated. Seek the advice of an attorney.
This page contains information concerning:
- What Is a Transitional Housing Misconduct Restraining Order?
- Who Can Apply For a Restraining Order?
- How Does A Program Operator Apply For a Restraining Order?
- Steps to Take to Get a Restraining Order
- Responding to a Petition for Order Prohibiting Abuse or Program Misconduct - Participant
- After the Hearing
- Violating the Restraining Order
- How to Get More Information
What Is a Transitional Housing Misconduct Restraining Order?
A Transitional Housing Misconduct Restraining Order applies to a Formerly homeless individual participating in a transitional housing program who is alleged to have engaged in program misconduct or abuse:
- Broke program rules.
- Interferes with the program operator’s ability to run the housing program and the conduct relates to drunkenness, sale, or use of drugs, theft, arson, destruction of another person’s property; or violence or threats of violence direct at and harassment of immediate neighbors of the program site, program employees, or other participants.
- Did, threatened, or attempted to attack, strike, batter, or sexually assault other participant, program employee, or immediate neighbor of the program site.
Who Can Apply For a Restraining Order?
Individuals or organizations that run a transitional housing program can ask the court for these orders.
The Transitional Housing Misconduct Act applies only if the housing program:
- Is run by a government agency, a private nonprofit corporation that receives program funds from a government agency, or an operator hired by one of the above to run the program.
- Helps homeless persons obtain the skills necessary for independent living in permanent housing.
- Includes regular individualized case management services.
- Provides a structured living environment and requires compliance with program rules.
- Restricts the occupancy period to not less than 30 days but not more than 24 months.
Only the program operator can ask the court for orders against a participant. A program participant cannot seek this type of restraining order against a fellow participant, nor can program employees or neighbors of the program site ask for orders. The program operator can petition on the behalf of a participant. If the program operator fails to do so, a participant could seek a different type of protective order, such as a Civil Harassment Restraining Order.
How Does A Program Operator Apply For a Restraining Order?
Read the Instructions For Program Operators (TH-200) .
Complete the following forms:
- Petition For Order Prohibiting Abuse Or Program Misconduct (TH-100)
- Civil Case Cover Sheet (CM-010)
- Declaration Re: Notice of Temporary Restraining Order (L-0889)
- Order To Show Cause And Temporary Restraining Order (TH-110)
- Order After Hearing (TH-130)
The "Instructions For Program Operators (TH-200)" contain step-by-step procedures.
You must file your case at the Justice Center that has venue over the location of the transitional housing. The General Information section can provide you with the addresses of the court’s Justice Centers and the cities within their venue. For example, if the transitional house is in Anaheim, then your case is filed at the North Justice Center in Fullerton.
NOTICE OF REQUEST FOR TEMPORARY RESTRAINING ORDER:
Before filing the forms, you must give written or telephonic "notice" to the respondent of when and where you will be seeking a Temporary Restraining Order, or give the court a good reason why you could not give such notice. The form that you use for this is called "Declaration Re: Notice Temporary Restraining Order (L-0889)" and is included in the forms above.
Unless you are a governmental agency, there is a filing fee to file a first paper in Unlimited Civil.
FILE THE FORMS:
- File the forms in the Civil Division Clerk’s Office and pay the filing fee.
- Obtain conformed copies of the forms from the clerk.
Court hours are 8:00am-4:00pm, Monday-Friday. Final check-in at the Clerk’s Office is 4:00pm. All parties should appear in the Civil Division Clerk’s Office or Self-Help Center no later than 3:30pm to complete the paperwork. Note: the Self-Help Center closes at 3:00pm on Fridays. If the Self-Help Center is closed, the Clerk’s Office can assist you.
Steps to Take to Get a Restraining Order
The Instructions For Program Operators (TH-200) provides the steps to take next.
- How to serve the papers.
- Filing the Proof Of Personal Service (TH-140) .
- Giving a copy of Temporary Restraining Order to police.
- Information about the court hearing.
- Information about the permanent Restraining Order after the hearing.
Responding to a Petition for Order Prohibiting Abuse or Program Misconduct-Participant
If you are served with a "Petition For Order Prohibiting Abuse or Program Misconduct (TH-100)" and "Order to Show Cause and Temporary Restraining Order (TH-110)", then you should do the following:
- Seek legal advice immediately. This website contains lawyer referral information.
- Read the Instructions For Participants (TH-210) .
- Obey the Restraining Order.
- Review all of the documents that you were served with.
- Fill out a Participant’s Response (TH-120) if you want to fight the Petition.
- Have someone other than yourself give a copy of your Response to the program operator, and have that person complete a Proof Of Personal Service (TH-140) .
- File the original Response and Proof of Personal Service with the court before the hearing date, and pay a filing fee. If you cannot afford the filing fee, you can ask the court to waive the filing fee. You can read more about how to do this.
After the Hearing
If the judge signs the restraining order, it expires on the date set forth in the order - can be up to 1 year. The judge may order that the protected person give to law enforcement, by the close of business, a conformed copy of the Restraining Order After Hearing to Stop Harassment form and blank Proof of Service forms. The judge may also order that the restrained person be served with the permanent restraining order. The Civil Division Clerk’s Office staff can explain these procedures.
Violating the Restraining Order
THE PROTECTED PERSON SHOULD ALWAYS CARRY A CERTIFIED COPY OF THE RESTRAINING ORDER. If the restrained person violates the order, call the police or 911 if it is life threatening. The police will need to see a copy of your order and will decide what action to take. The restrained person may be arrested and criminal charges may be filed.