What is the purpose of the California CH-115 form?
The California CH-115 form, known as the Request to Continue Court Hearing, is used to ask the court to reschedule a court date that has been previously set. This form is particularly relevant in cases involving temporary restraining orders, where timing can be crucial. If you find yourself needing more time—whether to prepare your case, gather evidence, or ensure that all parties have been properly notified—this form is your go-to option. It's essential to follow the instructions carefully and provide the necessary information to ensure your request is processed smoothly.
Who should fill out the CH-115 form?
The form can be filled out by either party involved in the case. If you are the protected party seeking protection, you can use this form to request additional time for serving the restrained party. Conversely, if you are the restrained party and this is your first request to reschedule, you also have the right to submit this form. It’s important to remember that the information provided must be accurate, as you are declaring under penalty of perjury that the details are true.
What happens after I submit the CH-115 form?
Once you submit the CH-115 form to the court, the court will review your request. If the court approves the rescheduling, they will set a new date for the hearing. It's crucial to note that if there is a temporary restraining order in effect, it will remain valid until the new court date unless the court decides otherwise. Therefore, it’s important to keep track of the new date and any further instructions provided by the court.
Can I keep my address private when filling out the CH-115 form?
Yes, you can maintain your privacy when submitting the CH-115 form. If you are concerned about your home address being disclosed, you have the option to provide an alternative mailing address. This could be a post office box or another person's address, provided you have their permission. This is particularly useful for individuals who may feel unsafe or wish to keep their location confidential during the legal process.