What is a Civil Harassment Restraining Order?

January 24, 2023

A California civil harassment restraining order is a court order that is designed to protect individuals from harassment, threats, and violence from someone they do not have a close relationship. This type of restraining order is different from a domestic violence restraining order, which is typically used to protect individuals in domestic relationships, such as spouses or family members.

A civil harassment restraining order can be used to protect individuals from a variety of types of behavior, including verbal or written threats, physical violence, stalking, and harassment. The person seeking the restraining order, known as the “petitioner,” must be able to show that they have been harassed or threatened by the “respondent” and that they fear for their safety or the safety of others.

In order to obtain a civil harassment restraining order, the petitioner must file a request with the court. The request must include a statement of the harassment or threats that have occurred, as well as any supporting evidence such as police reports, witness statements, or recorded phone messages. The court will then schedule a hearing to determine whether a restraining order should be issued.

If the court finds that the evidence presented at the hearing shows that the petitioner is in danger of harassment or violence, it will issue a temporary restraining order. This order will remain in effect for a limited time, usually no more than 21 days, and a hearing will be scheduled to determine whether a longer-term restraining order should be issued.

At the hearing for a long-term restraining order, both the petitioner and the respondent have the opportunity to present evidence and testify. If the court finds that the respondent has engaged in harassment or violence, it will issue a long-term restraining order. This order can last for up to 3 years and can be renewed if necessary.

It is important to note that a civil harassment restraining order is a serious legal matter and should be taken seriously by both the petitioner and the respondent. Violating a restraining order can result in criminal charges and fines, imprisonment, or both.

It is also important to note that a civil harassment restraining order is not the only solution to harassment or violence. It can provide protection to the petitioner and help prevent further abuse, but it is not a guarantee of safety. It is important for individuals who feel threatened or harassed to have a safety plan in place and to contact local agencies and organizations that can provide support and resources, such as counseling and legal assistance.

In California, Civil harassment restraining order can be obtained by anyone who is being harassed or threatened by someone they do not have a close relationship. It is important for individuals to take the necessary steps to protect themselves and seek help if they are in an unsafe situation.

Contact Us for Help in Southern California

If you need to file a civil harassment restraining order or you believe you had a restraining order unfairly served on your, then contact the Law Offices of John D. Rogers today. Call us to schedule a free confidential consultation with an experienced Orange County restraining order attorney.

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