How to Serve Form CH-109: California Notice of Court Hearing

California Form CH-109, the Notice of Court Hearing in a civil harassment case, is issued by the court clerk after a judge reviews the petition filed on Form CH-100. You do not fill it out yourself. The clerk stamps it with the case number and filing date and certifies it as a true copy of the court’s original.¹ The form does two jobs: it tells both sides when and where the hearing will take place, and it records whether the judge granted a temporary restraining order in the meantime.

What CH-109 Tells You

Item 1 names the person asking for protection and Item 2 names the person the orders would restrain. These mirror the CH-100 petition. The case number stamped in the upper-right corner is the number both sides will use on every future filing.¹

Item 3 is the hearing itself: date, time, department, and room. Copy these details somewhere separate from the form, because you will need them to arrange service and to appear. If the hearing is remote, connection instructions come from the local court; some counties post Zoom information on their websites, others require registration in advance.²

Item 4 is where the judge checks one of two boxes: all requested temporary restraining orders are granted, or all are denied.¹ If granted, Form CH-110 is attached and spells out what the restrained person cannot do, including harassing, contacting, stalking, or threatening the protected person. Violating those orders is a criminal offense punishable by up to one year in jail, a fine of up to $1,000, or both.³ The temporary orders stay in force until the hearing date on CH-109.

A denial on Item 4 is not the end of the case. It means the judge did not see enough evidence of immediate danger to justify emergency protection before the hearing. The hearing still goes forward, and the petitioner can bring stronger evidence to it.⁴

Serving CH-109 on the Respondent

The hearing cannot proceed unless the respondent has been personally served, and the petitioner is responsible for arranging that service. You cannot hand the papers over yourself. Someone else has to do it.

Who Can Serve

The server must be at least 18 and cannot be the petitioner, any other protected person, or anyone named in Item 3 of CH-100.¹ A professional process server, the county sheriff, or any qualifying adult can do it. If you have a fee waiver, the court may cover the sheriff’s service fee.⁵

What to Serve

The server hands the respondent a file-stamped copy of CH-109 together with the rest of the packet:¹

CH-100, the original petition, file-stamped.
CH-110, the temporary restraining order, if granted.
CH-120, the blank response form.
CH-120-INFO, the instruction sheet for responding.
CH-170 and CH-165, if minor-information protections were granted.

Five-Day Deadline and Proof of Service

Service must be completed at least five days before the hearing date printed on CH-109.¹ After the papers are delivered, the server completes Form CH-200 (Proof of Personal Service) and returns it to the petitioner, who files it with the court.⁶ Miss the five-day window and the court will usually reschedule rather than rule, which may mean filing CH-115 to ask for a new date.

If a Temporary Order Was Granted: Firearm Surrender

When CH-110 is granted, service starts a 24-hour clock for the restrained person to surrender all firearms, firearm parts, ammunition, and body armor. Proof that the items were turned in, sold, or stored with a licensed dealer must be filed with the court within 48 hours of relinquishment.⁴ The 24 hours runs through weekends and holidays. Failing to comply is a separate criminal offense on top of any violation of the restraining order itself. Form CH-800, the receipt for firearms, firearm parts, and ammunition, is typically included in the service packet for this purpose.⁶

Rescheduling the Hearing

Either party can ask the court to move the hearing by filing Form CH-115 (Request to Continue Court Hearing). The form asks for the current hearing date, whether a temporary restraining order is in effect, and the reason for the request. Needing more time to serve the respondent, or a respondent’s first request for time to prepare, are common grounds. Judges grant continuances only for good cause. If the hearing is postponed and a temporary restraining order is already in place, it remains in effect until the new hearing date unless the court orders otherwise.⁷

At the Hearing and After

On the date listed in Item 3, both sides check in at the courtroom. The judge hears the petitioner’s account and evidence, lets the respondent challenge the claims or present a defense, and may ask questions directly. To issue a restraining order, the judge must find by clear and convincing evidence that unlawful harassment occurred, a higher bar than the ordinary civil standard.⁸

Bring organized evidence. Screenshots of threatening texts, emails, photos of property damage, and witness statements all help. Print digital communications and, where possible, include metadata or records showing they were not altered. Witnesses who personally observed the conduct carry more weight than written declarations on their own. Arrive early with extra copies, since the judge and the other party each need a set.

If the judge grants the order, the ruling is recorded on Form CH-130, which replaces the temporary orders on CH-110 and sets out the specific restrictions, protected persons, and expiration date.⁹ An order can last up to five years; if the court writes no expiration, it defaults to three years from issuance.⁸ If the judge denies the request, the case ends and any temporary orders on CH-110 dissolve immediately.

1
Judicial Council of California. CH-109 Notice of Court Hearing (Civil Harassment Prevention)
2
Superior Court of California, County of Riverside. Remote Appearances
3
California Courts. CH-110 Temporary Restraining Order (Civil Harassment Prevention)
4
California Courts. Civil Harassment Restraining Order
5
California Courts. Ask for a Fee Waiver if You Cannot Afford Court Fees
6
California Courts. CH-200 Proof of Personal Service (Civil Harassment Prevention)
7
California Courts. Request to Continue Court Hearing
8
California Legislative Information. California Code of Civil Procedure CCP 527.6
9
California Courts. Civil Harassment Restraining Order After Hearing (CLETS-CHO) (CH-130)