California Civil Harassment Injunction: How to Obtain an Order (2023)

In the California legal system, you can look for acivil harassment restraining orderto avoid someone you arenot in a close relationship withdo

• harass,
• abusing,
• persecution, or
• threatening you

examplesof people who are "not in a close relationship" include

• neighbors,
• roommates, and
• friends who are not dating.

Restraining orders are also known asprotection ordersBelow the law.

Civil harassment restraining orders ultimately protect one person from harm and threats of harm from another person.

• ONEstanding orderIt can remain in effect for up to five years.
• ONEtemporary restraining orderhowever, they typically only last a few weeks.

These types of protection orders are often compared todomestic violence restraining orders🇧🇷 These differ from acivil restraining orderin which they protect people from someone who is in aclose relationshipwith. Other types ofrestraining ordersin California include:

• restraining orders for elder abuse or dependent adults, and
• workplace violence restraining orders.

Please note that it is an offense if youviolate the terms of a civil restraining order🇧🇷 The crime is governed by Penal Code 273.6 and can lead to misdemeanor charges in most cases. This is opposed to:

• a criminal charge in California, and
• a charge of rape.

A violation of PC 273.6 is punishable by:

• county jail custody for up to one year, and/or
• maximum fine of $1,000.

OurCalifornia criminal defense attorneyswill highlight the following in this article:

• 1. What is a civil harassment restraining order?
• 2. What can the court order do?
• 3. What is the duration of the order?
• 4. Are there other types of restraining orders in California?
• 5. How does a person get one?
• 6. What happens if a person violates a civil harassment restraining order?

1. What is a civil harassment restraining order?

In general, a protective order protects someone from threats and abuse by another party.

More specifically, a person can apply for a civil harassment restraining order if:

1. he/she is beingharassed, stalked, abused or threatenedby someone else and
2. the person isnoclosely linked to that party.¹

Note that the party protected by these requests is known as "protected person🇧🇷 The other party specified in the order (the aggressor) is known as “restricted person.”

For the purposes of this order, a "close relationship” means that two parts are:

• married,
• divorced,
• apart,
• domestic companions,
• going out or used to go out,
• have a child together,
• live together, the
• They are relatives or in-laws.²

This means that thosenot in a close relationshipare two parties that are not in a relationship mentioned above. For example, in a civil restraining order, a person may try to restrict:

• Neighbor,
• roommate,
• coworker,
• friend, the
• distant relative (e.g., aunt/uncle, niece/nephew, or cousin).³

California law defines “moral harassment"like anyone:

1. illegal violence (such asrobberyosexual assault),
2. credible threats of violence (or statements that would put a reasonable person in fear of himself or a member of his immediate family), or
3. conduct that irritates or harasses a protected party.⁴

2. What can the court order do?

The language in a protective order typicallyprevents a restricted partperform certain acts in relation to a protected party.

For example, a restraining order may state that the restrained partycan not:

1. contact the protected party (whether personal contact or communication by telephone, email or postal mail),
2. visiting or coming into close contact with the child or family members of a protected party, or
3. Approaching the workplace or school from a protected party.⁵

The language of most restraining orders alsoforbidsa person barred from

• to possess,
• pose, oh
• buying onefire gunduring the order.

A person who violates these prohibitions may face criminal charges forPenal Code 29825 CP.

3. What is the duration of the order?

A civil harassment restraining order can remain in effect forup to five yearsfrom the date of the court or the date of the hearing at which the order was issued.⁶

Some commands, like atemporary restraining order, or “TRO” (see Section 5), may only last a few months. Temporary orders are generally granted before a permanent civil restraining order.⁷

Also, some restraining orders can only last a few days. for example, oneemergency protection order, or “EPO,” lasts up to seven days.

EEPO is a type of protection orderthat a police officer and a police officer can issue when responding to adomestic violenceCall. They can issue the order if:

1. believe that a person requires immediate protection from another person, and
2. contact a judge and get approval of the court orderCalifornia Superior Court.⁸

4. Are there other types of restraining orders in California?

In addition to civil harassment restraining orders, there are threeother types of protection ordersIn California.

These are:

1. domestic violence restraining orders,
2. restraining orders for elder abuse or dependent adults, and
3. workplace violence restraining orders.

A person can apply for adomestic violence restraining ordere:

1. the restricted part hasabused the person, you
2. the person has aclose relationshipwith the restricted part.⁹

A person can apply for aElder abuse or dependent abuse restraining ordere:

1. the person is65 years of age or older(or are between the ages of 18 and 64 with certain mental and physical disabilities) and
2. the person is avictimof abuse, neglect, physical injury or deprivation by a caregiver.¹⁰

A person can apply for a workplace violence restraining order if:

1. the person is aEmployer, you
2. the person wantsprotect an employeeof a credible threat of violence, immediate danger or abuse in the workplace.¹¹

5. How does a person get one?

A person begins the process of obtaining a protection order by going to thecalifornia courtsand complete the necessary court forms. These include:

• restraining order forms,
• applicablecourt council forms,y
• aForm CLETS-001, which contains confidential information of CLETS.¹²

If in doubt about the forms, interested parties can visit the California registry office or court.self help center.

After filling out all the necessary forms, the person

• file them with thenotaryy
• You must pay court fees, including a filing fee (unless a fee waiver applies).

A judge then reviews the forms and decides whether or not to issue atemporary restraining order🇧🇷 If issued, the order usually lasts 21 days.¹³

After the TRO is issued, the court holds a hearing to determine whether or not to issue a TRO.permanent restraining order🇧🇷 Prior to this hearing, anotice of hearing” must be delivered to the restricted party through a process server.¹⁴“delivery test” or “proof of personal notice” in the court case must be given to the court.

Evidence is presented at the hearing (such as police reports) by both the party seeking protection and the potential restrained person. The judge will issue apermanent civil restraining orderif the evidence shows that the protected party deserves protection from the restricted party.

the order thenremains in effect for five years.¹⁵

6. What happens if a person violates a civil harassment restraining order?

A person commits a low crimePenal Code 273.6 CPif he/she violates the terms of a restraining order.

ONEfiscalYou must prove the following to convict a person under this law:

1. a court lawfully issued a protective order,^sixteen
2. the defendant became aware of the court order,
3. the defendant was able to follow the court order, and
4. the defendant violated the court order on purpose.¹⁷

Violation of a protective order is charged ascrimein most cases.

The crime is punishable by:

• imprisonment in the county jail for up to one year, and/or
• maximum fine of $1,000.¹⁸

However, note that this offense becomes ashakye:

• belongs to a defendantsecond sentencefor the crime and
• rape came with aact of violence.¹⁹

A wobbler is a crime that a prosecutor can charge aso:

• a minor offense, or
• a crime.

If charged with a crime, the crime is punishable by:

• custody instate prisonup to three years and/or
• maximum fine of $10,000.

Legal references: