Transitional Housing Misconduct Restraining Order in California
An individual or organization that runs a transitional housing program can ask the court to issue a restraining order against a person who is participating in the program. The court order can be issued if the person has:
- Broken rules set by the program
- Engaged in conduct that hinders the smooth running of the housing program. For instance: being drunk, using or selling drugs, stealing, destroying property, violent behavior or threatening employees and program participants with violence
- Physically attacked, battered or sexually assaulted participants, program employees or other people who live near the program site.
Who is covered by the restraining order?
You can only get a restraining order if your program is covered by the transitional housing misconduct act. Your housing program is covered if:
- It is a government run agency,
- It’s a privately run non-profit program that is funded by the government
- It’s any of the above two, but is run by a hired operator
- The program works with homeless people to equip them with independence
- You regularly conduct individual case management
- You have created a structured environment for the homeless to live in and have set rules that participants need to obey
- You house participants for at least 30 days but not more than 2 years.
Who has the authority to apply?
The head of the program is the only person who can apply to the court for a restraining order against a program participant. Other participants, employees or people in the neighborhood do not have that authority and they must seek the help of the program head to petition the court on their behalf.
If the program coordinator fails to get a restraining order, participants or employees can apply directly to the court for a civil harassment restraining order.
How to apply
If you head a housing program that falls in any of the groups mentioned above, you can apply for a restraining order by filling the following forms:
- TH-100- Petition for Order Prohibiting Abuse or Program Misconduct
- CM-010-Civil Case Cover Sheet
- L-0889-Declaration Re: Notice of Temporary Restraining Order
- TH-110-Order to Show Cause and Temporary Restraining Order
- TH-130-Order after Hearing
Note: Before you start filling the forms, it’s important to read “Instructions for Program Operators (TH-200)”.
Filing and fees
Before you file the completed forms in court, you have to notify the restrained person that you will be filing a restraining order against him or her. If you can’t give notice, fill Form L-0889-“Declaration Re: Notice of Temporary Restraining Order”, and explain your reasons to the judge.
You should file your forms at the Civil Division Clerk’s Office on weekdays, during working hours. If your program is government owned, you will not incur a filing fee. If it’s not government owned, you will have to pay a fee.
The court hearing
The temporary restraining order is effective for 5 days or until the date when the hearing is set to take place. During the hearing, the judge can extend the order to last 1 year. The restrained person should be served with the ‘permanent’ restraining order and a proof of service filed in court.
Print out a copy of “Instructions for Program Operators (TH-200)” and refer to it for guidance regarding:
- Serving the papers to the person you want restrained, before and after the hearing
- How to file form TH-140- proof of personal service
- What happens before and after the court hearing?
You can also seek the assistance of your lawyer.
