October 13, 2015

Civil Harassment Restraining Order

What are Civil Harassment Restraining Orders?

Under California law (CCP §527.6), a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment. This restraining order is very similar to Domestic Violence RO, but the person doing the harassing has no close family or domestic relationship with the victim. For example, a Civil Harassment Restraining Order would apply to a neighbor, roommate or stranger.

You may seek protection if you are worried about your safety because you are being:

  1. stalked
  2. threatened,
  3. harassed, or
  4. sexually assaulted.

Pursuant to California Code of Civil Procedure § 527.6(b), the course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim.

What do Civil Harassment Restraining Orders Provide?

  1. Preventing personal conduct by the harasser
  2. Order the harasser to stay away from the victim, the victim’s family, the victim’s home/work and/or children’s school
  3. Prevent the recurrence of acts of abuse by a batterer. California Law defines abuse as
    1. Intentionally or recklessly causing or attempting to cause bodily injury.
    2. Sexual assault.
    3. Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
    4. Engaging in any behavior that has been or could be illegal such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise, disturbing the peace of the other party.

What do I need to do to get a Civil Harassment Restraining Order?

  1. Unlike Domestic Violence RO, you do NOT need to show a close relationship with the party you are asking to have restrained.
  2. The act(s) of abuse/violence must be recent, within 30 days.
  3. The restraining order can include the following: restraints on personal conduct by the batterer; orders for the batterer to stay away from the victim’s home/work and/or children’s school;etc.
  4. To apply for a Civil Harassment Restraining Order you may obtain a Civil Harassment Restraining Order packet from the San Diego Court’s business office.

How can we help?

  1. Provide a FREE consultation and restraining order evaluation.
  2. Prepare the Restraining order packet.
  3. Assist in preparing an affidavit/declaration.
  4. Collect all necessary supporting documents
  5. Present the information to the judge in the best light.
  6. Represent you at the court hearing.
  7. Best of all, we have a simple FLAT-FEE rate.

Trial Attorneys at LAWSTACHE™ LAW FIRM advocate for survivors of rape, sexual abuse and sexual exploitation. We represent victims with claims concerning such situations as the following: CLICK HERE. Before filing a civil restraining order against the perpetrators, which may provide short term protection from future abuse without holding them accountable, please call our experienced attorneys to discuss your case in confidence at 619-357-6677. 

Are you a victim of rape or sexual assault?
Trial Attorneys at LAWSTACHE™ LAW FIRM advocate for survivors of rape, sexual abuse and sexual exploitation. We are committed to protecting adults and children by exposing predators and holding those responsible for protecting these individuals accountable. Sexual abuse occurs in many forms and effects many different types of victims. Sexual abuse may occur at schools, college campuses, churches, hospitals, camps, youth sports leagues, and other facilities. Before filing a civil restraining order against the perpetrator, which may provide only short term protection without holding them accountable, please call our experienced attorneys to discuss your case in confidence at 619-357-6677.

 

CALL US TODAY AT 619-357-6677

Click here to learn more about Domestic Violence Restraining Order

Served with a Temporary Restraining Order? You need to respond! Click here to learn how we can help.