Overview
Common Questions
What is the California CH-115 form?
The California CH-115 form is a request to continue or reschedule a court hearing. It is specifically used in cases involving temporary restraining orders. If you need to change your court date, this is the form to fill out.
Who can use the CH-115 form?
Both the protected party and the restrained party can use this form. If you are asking for protection or if you are the one being restrained, you can submit this request to the court.
What information do I need to provide on the form?
You will need to include your name, contact information, and details about your case. Specifically, you should provide:
- The name of the other party involved.
- The current scheduled court date.
- Whether a temporary restraining order is in effect.
How do I submit the CH-115 form?
Once you have filled out the form, you can submit it to the court where your case is filed. Make sure to file it before your scheduled court date to ensure that your request is considered.
What happens after I submit the CH-115 form?
After you submit the form, the court will review your request. If the court agrees to reschedule the hearing, you will receive a new court date. It’s important to note that any temporary restraining orders will remain in effect until the new date unless the court orders otherwise.
Can I request to reschedule the court date for any reason?
Yes, you can request to reschedule for various reasons. Common reasons include needing more time for service or if this is your first request to change the date. You should clearly state your reason on the form.
What if I don’t know the date of the temporary restraining order?
If you are unsure of the date the temporary restraining order was made, you can indicate that on the form. It’s important to provide as much information as you can to help the court understand your situation.
Is there a deadline for submitting the CH-115 form?
There is no specific deadline mentioned, but it is best to submit the form as soon as you know you need to reschedule. Doing this well before your court date will give the court enough time to process your request.
What should I do if I have a lawyer?
If you have a lawyer, you should include their information on the form. They can assist you with the process and ensure that your request is properly handled.
Document Specifications
| Fact Name | Details |
|---|---|
| Purpose of Form | The CH-115 form is used to request a rescheduling of a court date listed on the Notice of Court Hearing (form CH-109). |
| Governing Law | This form is governed by the California Code of Civil Procedure, § 527.6(p). |
| Filing Instructions | Complete the form and file it with the Superior Court of California, County of the case. |
| Temporary Restraining Order | If a Temporary Restraining Order (TRO) is in effect, it remains valid until the new court date unless the court orders otherwise. |
| Information Required | The form requires personal information, including the name and contact details of the party requesting the change. |
| Privacy Considerations | Parties can use alternative addresses, like a P.O. Box, to maintain privacy if necessary. |
| Signature Requirement | The form must be signed and dated by the requester, affirming the truthfulness of the information provided. |
| Additional Resources | For further guidance, individuals can refer to the "How to Ask for a New Hearing Date" (form CH-115-INFO). |
Dos and Don'ts
When filling out the California CH-115 form, it’s essential to approach the task with care. Here’s a list of things you should and shouldn’t do to ensure your form is completed correctly and effectively.
- Do read the instructions thoroughly before starting. Understanding the requirements will help you avoid mistakes.
- Do provide accurate and complete information. Double-check your name, address, and case number for any errors.
- Do use an alternative address if you want to keep your home address private. This could be a P.O. box or a trusted person’s address.
- Do attach a copy of the Temporary Restraining Order if you have one. This helps the court understand your situation better.
- Do sign and date the form. An unsigned form may be rejected by the court.
- Don’t skip filling in your contact information if you are the restrained party. This is crucial for communication regarding your case.
- Don’t leave any sections blank. If a question does not apply to you, write “N/A” instead of leaving it empty.
- Don’t forget to specify why you need to reschedule the court date. Providing a valid reason is necessary for the court's consideration.
- Don’t use legal jargon or complicated language. Keep your responses clear and straightforward to avoid confusion.
By following these guidelines, you can navigate the process of completing the CH-115 form with greater ease and confidence.
Misconceptions
- Misconception 1: The CH-115 form can only be filed by the restrained party.
- Misconception 2: The CH-115 form automatically grants a new court date.
- Misconception 3: You must have a lawyer to file the CH-115 form.
- Misconception 4: The court will notify the other party of the new hearing date automatically.
- Misconception 5: You cannot keep your address private when filing the CH-115.
- Misconception 6: You can submit the CH-115 form at any time before the court date.
- Misconception 7: The CH-115 form is a court order.
- Misconception 8: You do not need to explain why you are requesting a new court date.
- Misconception 9: If the CH-115 form is filed, the Temporary Restraining Order is automatically extended.
- Misconception 10: The CH-115 form can be filled out and submitted online only.
This is incorrect. Both the protected party and the restrained party can file the CH-115 form to request a rescheduling of the court date.
Filing the CH-115 form does not guarantee that a new court date will be granted. The court must review the request and approve it.
While having a lawyer can be beneficial, it is not required. Individuals can represent themselves when filing this form.
The court does not automatically notify the other party. It is the responsibility of the person filing the CH-115 to ensure that all parties are informed of any changes.
This is false. If you wish to keep your home address confidential, you may use a different address, such as a P.O. box, as long as you have permission.
There are deadlines for submitting the CH-115 form. It is crucial to file it as soon as possible to allow the court to process the request.
The CH-115 is not a court order. It is merely a request to continue the hearing. The court will issue an order only after reviewing the request.
This is not true. The form requires you to provide a reason for rescheduling, which is essential for the court's consideration.
While the Temporary Restraining Order remains in effect until the new court date, it is important to understand that it does not extend automatically beyond that date unless ordered by the court.
Although many forms can be submitted online, the CH-115 must be printed, filled out, and filed in person or via mail, depending on the court's requirements.
Documents used along the form
The California CH-115 form is used to request a postponement of a court hearing related to a Temporary Restraining Order (TRO). When filing this form, individuals may also need to consider other related documents that can help ensure their case is properly managed. Below is a list of forms commonly used alongside the CH-115.
- CH-109 Notice of Court Hearing: This form informs the parties involved about the scheduled court date and details regarding the hearing. It is essential for understanding when and where to appear.
- CH-110 Temporary Restraining Order: This document outlines the specific protections granted by the court. It remains in effect until the court hearing occurs, making it crucial for the safety of the protected party.
- CH-120 Proof of Service: This form serves as evidence that the restrained party has been properly notified of the court proceedings. It is vital for ensuring that all parties are aware of the case details.
- CH-115-INFO How to Ask for a New Hearing Date: This informational guide provides instructions on how to fill out the CH-115 form and what steps to take when requesting a new court date.
- CH-130 Restraining Order After Hearing: If the court grants the request for a restraining order, this form finalizes the order and outlines the terms that the restrained party must follow.
Understanding these forms can significantly aid individuals in navigating the legal process surrounding restraining orders. Each document plays a vital role in ensuring that the rights and safety of all parties are respected during court proceedings.
Different PDF Templates
California Dca - Each signature on the form denotes a commitment to truthful representation.
California Pm110 - Occupational settings of patients can indicate potential exposure sources for certain diseases.