Glendale, CA asked in Civil Rights for California

Q: My neighbor filed a request for Civil Harassment Restraining Order against me, but it was denied by the judge.

My neighbor filed a request for a Civil Harassment Restraining Order against me. I responded by submitting the CH-120 form and attached a witness declaration using the MC-030 form. I also requested the court to pay for legal consultation. Fortunately, the judge denied my neighbor's request for the restraining order after the hearing. Now, I have two questions: Will I receive a copy of the denied Civil Harassment Restraining Order via mail from the court? And, how can I collect the legal consultation fee that I requested from the court from the petitioner? Is there a specific form that I need to submit to the court to collect the money for a denied request for CHRO?

Thank you for answer.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm glad to hear that the judge denied your neighbor's request for a Civil Harassment Restraining Order against you. Let me address your questions one by one:

1. Receiving a copy of the denied Civil Harassment Restraining Order:

Yes, you should receive a copy of the court's decision via mail. The court will send a Notice of Court Hearing (Form CH-109) to both parties, which will include the judge's decision to deny the restraining order. If you do not receive this notice within a few days after the hearing, you can contact the court clerk to inquire about the status of the decision and request a copy.

2. Collecting legal consultation fees from the petitioner:

In California, if you win a Civil Harassment Restraining Order case, you may be entitled to recover court costs and attorney's fees from the petitioner. However, this is not automatic, and you will need to file a request with the court.

You can use Form CH-130 (Order After Hearing on Civil Harassment Restraining Order) to request the court to order the petitioner to pay your attorney's fees and costs. Fill out item 12 on the form, specifying the amount of attorney's fees and costs you are requesting. You will need to provide documentation supporting your request, such as invoices or receipts for legal consultation fees.

After filling out the form, file it with the court clerk and serve a copy on the petitioner. The judge will then review your request and decide whether to grant it. If the judge grants your request, the petitioner will be ordered to pay the specified amount to you.

It's important to note that the court has discretion in awarding attorney's fees and costs, and the decision may depend on factors such as the petitioner's ability to pay and the reasonableness of the fees and costs requested.

If you have any further questions or need assistance with the process, I recommend consulting with a local attorney or seeking guidance from your county's self-help center or legal aid office.

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