Civil Harassment

[coosi]

Yolo County Superior Court Fee Schedule

http://www.yolocourts.com/fee_sched.html

 

[I AM ALWAYS LIABLE]

Superior Court of Sacramento County charges a $314.00 for Civil Harrassment hearing/order (?) if no violence is involved.

My response:

Okay, and how does that help anybody?

I'm assigning you a project - - I want you to locate all the filing fees for Civil Harassment in every county in California.

I want the results no later than May 8, 2004.

IAAL

 

[coosi]

My response:

Okay, and how does that help anybody?

I'm assigning you a project - - I want you to locate all the filing fees for Civil Harassment in every county in California.

I want the results no later than May 8, 2004.

IAAL

I'll have to work you in. I'm doing a faux painting project in the living room

PS
You know how it helps...

 

[I AM ALWAYS LIABLE]

You wrote:

I've come to find out:
There is a $188.00 filing fee for a Civil Harassment restraining order here in Yolo County. I can show you the receipt.

THE YOLO COUNTY SUPERIOR COURT FILING FEES

Filing petition for injunction prohibiting harassment (FC 1835)

Violence alleged - - No Fee

No violence alleged - - $289.50


There is nothing on the "fee schedule" that is $188.00. So, my question to you "runnerone" is, "Just what the hell did you pay for, anyway?"

IAAL

 

[runnerone]

No violence threatened -- I paid $288, not $188 -- that was a typo on my part. Guess I got a "break" by over a buck!

But, I ended up getting refunded today because, as I was just told, "Honey, you're being stalked" which allows for a waiver, too.

 

[I AM ALWAYS LIABLE]

My response:

Oh, and you're welcome.

IAAL

 

[rmet4nzkx]

Fees and RO's

Goto this for printable and filable CJC forms and other information, some forms have been recently revised: http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

Civil Harassment (CH-100)
Domestic Violence (DV-100) and
Elder and Dependant Adult Abuse (EA-100)

Resraining orders, have slighlty different fee structures.
You may depending on the type of order need to apply for fee waivers that cover certified copies etc. otherwise you may have to pay for copies even if the petition and other services are free or to take to collateral law enforcement agencies. Keep receipts for other costs.

All are without fee to respond.

EA has no fee to petition and no fee to serve by Sheriff there are boxes on the form for the judges orders and this was revised a/o 7-1-4. IMPORTANT the burden of proof is found in Ca. WELFARE AND INSTITUTIONS CODE SECTION 15657-15657.3. This is different that CH and DV orders and most people in the justice system are not familar with this type and may apply the wrong burden of proof.

DV has no fee to petition but other forms must be filed and or boxes checked and ordered by judge. The burden of proof is different than for EA and CH and each may be heard in different courts, also criteria for protected persons may vary between orders. This order may include some provision for bill payment. Internet stalking/computer fraud associated with domestic violence is a recognized form of domestic violence and Ca and USC codes may apply, this may not be widely known, especially by the balieff that screens the petition. However, the filable form now has a disclaimer similar to this: "The safest way to find information on the Internet would be at a local library, a friend's house, or possibly at work." It is important because someone may stalk you without ever having access to your computer, this would apply to the others as well.

Go to this site for more informaiton on how to protect youself from interner domestic or other violence from ABA. How an Abuser Can Discover Your Internet Activities (American Bar Association) - http://www.abanet.org/domviol/internet.html and a source of other links: http://www.nlm.nih.gov/medlineplus/domesticviolence.html

CH no fee for petition and or service, if violence claimed see boxes 19 & 20 this form was revised 7-1-4, these are the boxes the clerk checks after you go to court and file your order, otherwise fees apply but you may ask that the other party pay your costs if you prevail. See instructions. Many times a judge will check the box routinely or strike it once you come to court, so if there is violence, threats, stalking per the codes found on the petition it must be included in the petition in writing.

In essence there are no fees to petition for EA or DV orders and fees for CH in every county unless CH-100 boxes 19&20 are checked and ordered, some counties may routinely check and/or provide CH free but many courts are straped for money and cutting back where they can.

Many superior courts provide free online access to case information, some do not, some may charge for access eg LA county. Not all types of cases are available online so best to check prior to filing a case what types of cases show up, for how long and what information is available to the public, so if your home address or phone number is a problem, you need to know this in advance, also don't provide SSN or account information white out or XXX this out or motion to have sealed. Also if you go to the file room and pay for copies from a file this may not show up, but if you request them by mail they may note your name and number in the actions log, this is something to ask about in advance and you may want or not want this informaiton available to the public.

If you are disabled and need ADA accommodations apply with MC-410 at the same time as petition, this is under Ca. Rule 989.3. If they don't know what you are talking about and or don't have the form ask for their ADA coordinator, if they don't have one, call the executive offices of the court. This has been in place since 1996 but not all counties are in compliance.
Rule 989.3 is an administratice and confidential order and cannot be objected to by OP, however that doesn't mean they won't try or even prevail! There are no instructions that routinely go out with this form. The CJC is considering revising this form with the possibility of including instructions, so even the judge may not have instructions for this rule. Look up rule 989.3 API and CJC both have publications for this Rule you may want to print these and include them with your application and be sure that the judge understands that if accommodations are questioned it is ex parte between judge and applicant as this is separate from the case and different rules aply.

If you have reason to believe that a judge will be prejudiced against you, you need to file a cccp 170.6 challenge, some courts have local copies of these printed up or available on the internet, others leave you on your own and this must be timely filed.