California Civil Harassment Restraining Order Law: A Summary
California’s civil harassment restraining order law is designed to provide protection to individuals who are victims of harassment by someone who is not a family member, cohabitant, or intimate partner. The law is intended to help people who are being harassed by individuals who are not part of their immediate household or personal relationships but still pose a threat to their safety and well-being.
Definition of HarassmentUnder California law, harassment is defined as "unlawful violence, a credible threat of violence, or a knowing and willful course of conduct" that causes a person to feel frightened, intimidated, or harassed. Generally, the behavior must have occurred on at least two separate occasions, and it must be severe enough to cause the victim substantial emotional distress, but in cases where there is actual physical violence one occurance can sometimes be enough.
Harassment can include physical acts of violence, verbal threats, stalking, or other behaviors that cause a person to fear for their safety. It can also encompass actions that are intended to disturb the peace or cause emotional distress, such as persistent phone calls, unwanted visits to the victim’s home or workplace, and other forms of persistent unwanted attention.
Who Can Seek a Civil Harassment Restraining Order?Anyone who is experiencing harassment by someone who is not a close family member or intimate partner can file for a civil harassment restraining order. This includes neighbors, acquaintances, co-workers, or even strangers. The law offers protection even if the harassment is not related to domestic violence or stalking.
To file for a restraining order, the petitioner (the person requesting the order) must demonstrate that they have been harassed as defined under California law. The petitioner must also be able to show that they are in reasonable fear for their safety or the safety of their family.
The Restraining Order ProcessThe process for obtaining a civil harassment restraining order in California typically follows these steps:
Enforcement and Violations
A civil harassment restraining order is enforceable by law enforcement, and violations of the order can result in criminal penalties. If the restrained person violates the order, they can be arrested and charged with a misdemeanor. In some cases, repeated violations could lead to felony charges.
Key Considerations
Definition of HarassmentUnder California law, harassment is defined as "unlawful violence, a credible threat of violence, or a knowing and willful course of conduct" that causes a person to feel frightened, intimidated, or harassed. Generally, the behavior must have occurred on at least two separate occasions, and it must be severe enough to cause the victim substantial emotional distress, but in cases where there is actual physical violence one occurance can sometimes be enough.
Harassment can include physical acts of violence, verbal threats, stalking, or other behaviors that cause a person to fear for their safety. It can also encompass actions that are intended to disturb the peace or cause emotional distress, such as persistent phone calls, unwanted visits to the victim’s home or workplace, and other forms of persistent unwanted attention.
Who Can Seek a Civil Harassment Restraining Order?Anyone who is experiencing harassment by someone who is not a close family member or intimate partner can file for a civil harassment restraining order. This includes neighbors, acquaintances, co-workers, or even strangers. The law offers protection even if the harassment is not related to domestic violence or stalking.
To file for a restraining order, the petitioner (the person requesting the order) must demonstrate that they have been harassed as defined under California law. The petitioner must also be able to show that they are in reasonable fear for their safety or the safety of their family.
The Restraining Order ProcessThe process for obtaining a civil harassment restraining order in California typically follows these steps:
- Filing the Petition: To begin the process, the petitioner must file a request for a restraining order with the court. The petition is be filed at the courthouse in the county where the petitioner lives or where the harassment occurred. The petitioner must provide specific details about the harassment, including dates, locations, and descriptions of the incidents that caused emotional distress.
- Temporary Restraining Order (TRO): If the court determines that immediate protection is needed, a judge may issue a Temporary Restraining Order (TRO) before the full hearing. The TRO provides temporary protection for the petitioner, usually lasting between 20 to 25 days, or until the hearing for the permanent restraining order is scheduled.
- Notice to the Respondent: Once the TRO is granted, the respondent (the person accused of harassment) must be formally notified of the restraining order and the scheduled court hearing. This is known as “service of process,” and it is required for the order to be enforceable. If the respondent is not properly notified, the order may not be valid.
- The Hearing: A hearing is scheduled to determine whether a permanent restraining order should be issued. During the hearing, both the petitioner and the respondent have the opportunity to present evidence, call witnesses, and testify before the judge. The petitioner must prove that harassment occurred and that they are in reasonable fear for their safety.
- Issuance of a Restraining Order: If the judge finds that harassment has occurred and that the petitioner’s safety is at risk, they may issue a permanent civil harassment restraining order. This order typically lasts for between 3-5 years, although it can be extended if necessary. The order can include provisions such as:
- Prohibiting the respondent from contacting or approaching the petitioner.
- Requiring the respondent to stay a certain distance away from the petitioner’s home, workplace, or other locations.
- In some cases, the respondent may be required to surrender any firearms they possess.
Enforcement and Violations
A civil harassment restraining order is enforceable by law enforcement, and violations of the order can result in criminal penalties. If the restrained person violates the order, they can be arrested and charged with a misdemeanor. In some cases, repeated violations could lead to felony charges.
Key Considerations
- No Proof of Domestic Relationship Required: Unlike domestic violence restraining orders, civil harassment orders are available to individuals who are being harassed by someone with whom they do not have a familial or intimate relationship.
- Ex Parte Orders: In cases of extreme urgency, petitioners can request an ex parte order (a restraining order granted without the respondent being present). This is a temporary order that is issued to provide immediate protection until a full hearing can be held.
To schedule a free, no-obligation consultation with Devina Douglas feel free to call her at (707) 408-3529 or get in touch with her online here.
The Law Office of Devina Douglas
700 College Ave.
Santa Rosa, CA 95404
(P) 707.408.3529
(F) 707.948.6097
[email protected]
700 College Ave.
Santa Rosa, CA 95404
(P) 707.408.3529
(F) 707.948.6097
[email protected]
