When Can I File for Restraining Order?
When someone is subjected to illegal violence, a genuine threat of violence, or a knowing and purposeful pattern of behavior that significantly scares, irritates, or harasses and serves no legitimate purpose, the court may issue a CHRO to protect that person. A Civil Harassment Restraining Order may be put out for any unwanted behavior that does not include physical harm.
A restraining order against someone in California can be filed if:
- They have bothered, harassed, or otherwise upset the peace of the protected people.
- They have had direct or indirect personal, phone, electronic, or written contact with the protected individuals or have tried to do so;
- They have come within 100 yards (usually) of the protected person’s home or place of work.
The individual seeking the restraining order cannot be the target’s current or former partner or immediate family member. A roommate, neighbor, or casual friend might fall within the scope of a protection order because of your familiarity and trust with them.
The court will not issue a Civil Harassment Restraining Order unless the person requesting the order (the “Petitioner”) can show a substantial likelihood and credible danger that the harassing or other banned conduct will persist. The court may give a restraining order for up to 5 years if the Petitioner can establish this with “clear and compelling” evidence. A Civil Harassment Restraining Order cannot be obtained after a simple fight or verbal conflict with a roommate, neighbor, or stranger. Consult a lawyer familiar with restraining orders if you need help pursuing or fighting against one.
Legal Consequences of a Restraining Order.
After a hearing, a court will issue a restraining order, either a CHRO or a DVRO. The issuing of the restraining order will be visible in a standard criminal record check. This information will be placed into the Criminal Law
Enforcement Telecommunications System (CLETS).
If you work for the government or are looking for a government job, or if your prospective employer has a policy of doing background checks on all applicants, you may run into this issue. Many companies automatically assume the worst about the candidate if a restraining order appears in a background check. Furthermore, if a restraining order is obtained after a hearing, the respondent loses the right to possess or buy a gun while the restraining order is in force. When this directive is broken, it is usually considered a minor crime.
Penalties For Violating a Civil Harassment Restraining Order
In California, it is a misdemeanor-level crime to break a civil harassment restraining order. If you are found guilty under PC 273.6, you could be:
- Fines of up to $1,000 or
- Up to a year behind bars
If somebody was hurt due to the violation, however, the penalties are:
- A maximum $2,000 fine, and
- Thirty days to a year in prison
Your record will show both the restraining order and any violations. That means employers, landlords, and even immigration officials will know you have a restraining order against you. For people outside the U.S. citizens, the order could affect their ability to stay in the country. Even a minor crime on your record can make it harder for you to get a job or find a place to live.
Types of Civil Harassment Restraining Orders
Emergency Protective Order (EPO)
Only law enforcement may seek a court for an EPO. A police officer who responds to a complaint of significant violence or threat may seek a court for an emergency protection order. EPOs’ are only applicable for stalking-related civil harassment.
Temporary Restraining Order (TRO)
A court will release a temporary restraining order if you need protection before the court hearing—TROs last 20 to 25 days.
“Permanent” Restraining Order (Restraining Order After Hearing)
When you go to court for the scheduled hearing for your Temporary restraining order, the judge may issue a “permanent” restraining order. It is not ideally permanent since it lasts up to five years only.
Criminal Protective Order or “Stay-Away” Order
The criminal court often issues a criminal protection order against the defendant that is applicable throughout the criminal case and for three years if the defendant is found guilty or pleads guilty.
What Is a Civil Harassment Restraining Order?
A civil harassment restraining order represents a legal directive issued by a court that prohibits an individual from engaging in specific behaviors toward another person. In California, these orders are governed by Code of Civil Procedure §527.6, which allows a person who has experienced harassment to seek temporary protection and an injunction against the harassing behavior.
What distinguishes civil harassment restraining orders from other protective measures is the relationship between the involved parties. These orders specifically apply to situations where the person causing harm is not closely related to or intimately involved with the victim. This might include neighbors, roommates, coworkers, acquaintances, or complete strangers. The distinction is important because different types of restraining orders exist for domestic relationships, such as those involving spouses, romantic partners, or close family members.
The protection offered by these orders can be comprehensive, addressing various forms of unwanted behavior. A judge can order the restrained person to cease all contact with the protected individual, maintain a specified distance from them and their home, workplace, or school, and prohibit any form of harassment, stalking, or threatening behavior. Additionally, these orders typically include restrictions on firearm possession, requiring the restrained person to surrender any weapons and ammunition they may have.
For the court to grant such an order, the petitioner must demonstrate that they have experienced behavior that would cause a reasonable person substantial emotional distress and that they have actually suffered such distress. This legal standard helps ensure that restraining orders are issued in situations where genuine harassment has occurred, rather than in cases of minor disagreements or ordinary annoyances.
Types of Protective Orders in California
California’s legal system offers several distinct types of protective orders, each designed to address specific situations and relationships. Understanding these differences is crucial for determining which type of order is appropriate for your circumstances.
Civil harassment restraining orders, as previously discussed, apply to non-family relationships and can protect individuals from harassment, stalking, threats, or violence. These orders are particularly relevant for disputes involving neighbors, coworkers, or acquaintances where threatening or harassing behavior has occurred.
Domestic violence restraining orders, by contrast, are specifically for situations involving current or former spouses, romantic partners, or close family members. These orders are processed through Family Court and address the unique dynamics and safety concerns present in domestic relationships where abuse has occurred.
Elder or dependent adult abuse restraining orders provide protection for individuals who are 65 years or older, or adults between 18-64 who have physical or mental limitations that prevent them from carrying out normal activities. These orders address various forms of abuse, including physical harm, financial exploitation, neglect, abandonment, or isolation. They recognize the particular vulnerabilities of these populations and offer tailored protections.
Workplace violence restraining orders allow employers to seek protection on behalf of employees who have experienced violence or credible threats in the workplace. These orders acknowledge the responsibility employers have to maintain safe work environments and provide a mechanism for addressing threats that occur in professional settings.
Gun violence restraining orders focus specifically on removing firearms from individuals who pose a significant danger to themselves or others. These can be requested by immediate family members, employers, coworkers, teachers, or law enforcement agencies when there is concern about potential gun violence.
Qualifying Situations for Civil Harassment Orders
To qualify for a civil harassment restraining order, the petitioner must demonstrate that they have experienced behavior that meets the legal definition of harassment. This typically involves showing a pattern of conduct that serves no legitimate purpose and is designed to alarm, annoy, or cause substantial emotional distress to the victim.
Common qualifying situations include persistent unwanted contact, such as repeated phone calls, messages, or visits after being asked to stop. Stalking behaviors, like following someone, appearing at their home or workplace unexpectedly, or monitoring their activities, also constitute grounds for seeking protection. Threats of violence, whether explicit or implied, particularly when they cause the victim to fear for their safety, are taken very seriously by courts when considering restraining order requests.
Property damage or trespassing can also qualify as harassment, especially when done with the intent to intimidate or frighten the victim. Similarly, spreading harmful rumors, sharing private information without consent, or engaging in other forms of reputational harm may constitute harassment in certain circumstances.
It’s important to note that isolated incidents of minor annoyance typically don’t qualify for restraining orders. The courts look for patterns of behavior that demonstrate intentional harassment and cause significant distress. Additionally, the behavior must be such that it would cause a reasonable person substantial emotional distress—not just minor irritation or discomfort.
Documentation of these incidents is crucial when seeking a restraining order. Keeping detailed records of dates, times, locations, and descriptions of harassing behavior, along with any witnesses present, can significantly strengthen a petition for protection.
The Process of Obtaining a Civil Harassment Restraining Order
Securing a civil harassment restraining order involves several distinct steps, beginning with the preparation and filing of the necessary court documents. The process typically starts with completing a set of forms that detail the harassment experienced and the specific protections being requested. These forms ask for comprehensive information about the incidents, including dates, descriptions of what occurred, and how the behavior has affected the petitioner.
After completing the required paperwork, the forms must be filed with the appropriate court. In California, civil harassment restraining orders are typically filed at the superior court in the county where either the petitioner or the respondent resides. Some counties have specific courthouses designated for restraining order matters, so checking with the local court clerk can help ensure documents are filed correctly.
Once the paperwork is submitted, a judge will review the petition, usually on the same day it’s filed if submitted before the court’s daily deadline. If the judge determines there’s sufficient reason to grant temporary protection, they will issue a temporary restraining order (TRO) that remains in effect until the court hearing date, typically scheduled within three weeks.
The next crucial step is serving the restraining order documents on the respondent. This official notification must be performed by someone who is at least 18 years old and not involved in the case. Many petitioners utilize the county sheriff’s department or a professional process server for this task. Proper service is essential, as the court cannot proceed with the hearing unless there’s proof the respondent was legally notified of the proceedings.
At the scheduled court hearing, both parties have the opportunity to present their case. The petitioner must demonstrate by clear and convincing evidence that harassment occurred and that a restraining order is necessary. If the judge grants the order after the hearing, it typically remains in effect for up to five years and can be renewed if needed.
Evidence Requirements for Civil Harassment Cases
Gathering and presenting compelling evidence is crucial for successfully obtaining a civil harassment restraining order. Courts require “clear and convincing evidence” that harassment has occurred—a standard higher than the “preponderance of evidence” used in many civil cases but lower than the “beyond reasonable doubt” standard of criminal proceedings.
Documentation of the harassing behavior forms the foundation of most successful cases. This can include saved text messages, emails, voicemails, or social media communications that demonstrate the harassment. Screenshots should include dates and times, and electronic messages should be preserved in their original form whenever possible. Written records of in-person encounters, including detailed notes made soon after incidents occur, can also provide valuable evidence.
Photographic or video evidence can be particularly persuasive in court. Images of property damage, unwanted gifts, or the respondent appearing at prohibited locations can clearly illustrate the harassment. If the respondent has violated previous court orders or law enforcement instructions to cease contact, documentation of these violations strengthens the case significantly.
Witness testimony often plays a crucial role in restraining order hearings. Individuals who have observed the harassment firsthand can provide statements or testify at the hearing. This might include friends, family members, neighbors, coworkers, or bystanders who witnessed concerning behavior. Professional documentation, such as reports from law enforcement, medical records documenting injuries or psychological distress, or communications with property managers about the respondent’s behavior, can also substantiate claims of harassment.
When presenting evidence in court, organization and clarity are essential. Creating a chronological timeline of incidents, with corresponding evidence clearly labeled and referenced, helps judges understand the pattern of behavior. Being prepared to explain how the harassment has affected daily life, mental health, and sense of safety can also help illustrate why a restraining order is necessary.
Legal Protections Provided by Restraining Orders
Once granted, a civil harassment restraining order establishes several important legal protections for the individual seeking safety. These court-mandated directives create clear boundaries that the restrained person must observe, with serious legal consequences for violations.
The most fundamental protection is the “no contact” provision, which prohibits the restrained person from communicating with the protected individual through any means—including in person, by phone, text, email, social media, or through third parties. This comprehensive communication ban helps ensure the protected person can live without unwanted intrusions or messages.
Distance requirements represent another crucial protection, requiring the restrained person to stay a specified distance (typically 100 yards) away from the protected individual, their residence, workplace, vehicle, and other frequently visited locations. These geographic restrictions create physical separation that enhances safety and peace of mind.
Firearm restrictions are automatically included in most restraining orders, prohibiting the restrained person from owning, possessing, or purchasing firearms, ammunition, or body armor while the order is in effect. The restrained individual must surrender any weapons they currently possess, usually within 24 hours of being served with the order, and provide proof of compliance to the court.
Additional protections can be tailored to address specific situations. These might include orders preventing the destruction of personal property, prohibiting surveillance or monitoring activities, or establishing temporary custody and visitation arrangements if the parties share children (though these are more commonly addressed in domestic violence restraining orders).
It’s important to understand that while restraining orders provide significant legal protections, they work best as part of a comprehensive safety plan. Protected individuals should remain vigilant about their surroundings, document any violations, and contact law enforcement immediately if the restrained person violates the order’s terms.
Responding to a Civil Harassment Restraining Order
If you’ve been served with papers requesting a civil harassment restraining order against you, understanding your options and responsibilities is essential. The documents you receive will include a notice of hearing (typically form CH-109) and possibly a temporary restraining order (form CH-110) if the judge granted immediate temporary protection.
Your first priority should be to carefully read all the paperwork to understand the specific allegations and any temporary orders already in place. If a temporary restraining order has been issued, you must comply with all its provisions immediately, even if you disagree with the claims. Violating a temporary restraining order can result in arrest and criminal charges, regardless of the outcome of the final hearing.
You have the right to respond to the allegations in writing before the hearing. In California, this is typically done by filing form CH-120 (Response to Request for Civil Harassment Restraining Order) and related documents. These forms allow you to present your side of the situation and explain why you believe a permanent restraining order should not be granted. Filing a written response is not mandatory, but it helps ensure your position is clearly communicated to the judge.
Attending the scheduled court hearing is crucial if you wish to contest the restraining order. If you fail to appear, the judge will likely grant the permanent restraining order based solely on the petitioner’s evidence. At the hearing, you’ll have the opportunity to present your evidence, which might include your own documentation of interactions, witness testimony, or other relevant information that counters the petitioner’s claims.
Seeking legal advice can be valuable when responding to a restraining order. While many people represent themselves in these proceedings, consulting with an attorney can help you understand the legal standards involved and develop an effective strategy for presenting your case. Many courts also have self-help centers that can provide information about the process and assistance with forms.
Enforcement and Violations of Restraining Orders
Once a civil harassment restraining order is in place, enforcement becomes a critical aspect of ensuring the protected person’s safety. In California, violations of restraining orders are taken very seriously by law enforcement and the courts, with significant consequences for those who disregard these legal directives.
Law enforcement plays the primary role in enforcing restraining orders. Protected individuals should keep a copy of the order with them at all times and contact police immediately if a violation occurs. When responding to reported violations, officers will typically verify the existence and terms of the order through the California Restraining and Protective Order System (CARPOS), a statewide database that contains information about all active restraining orders.
Violations of civil harassment restraining orders can constitute criminal offenses, typically charged as misdemeanors under California Penal Code Section 273.6. First-time violations can result in up to one year in county jail and fines up to $1,000. Subsequent violations or violations involving violence can lead to enhanced penalties, including felony charges in some circumstances. Additionally, violating a restraining order while possessing a firearm carries particularly severe consequences.
For protected individuals, documenting any violations is essential, even if law enforcement doesn’t make an arrest at the time. Keeping detailed records of dates, times, locations, and descriptions of violations, along with any witnesses present, creates an important paper trail. These records can be valuable for future law enforcement responses and may be presented to the court if additional legal action becomes necessary.
It’s important to understand that restraining orders are enforced based on their specific terms. Some orders may have exceptions for certain types of contact or particular circumstances, such as child exchanges in cases where the parties share children. Protected individuals should be familiar with exactly what their order prohibits and allows to accurately identify violations.
Renewing a Civil Harassment Restraining Order
Civil harassment restraining orders in California typically last for up to five years, but they can be renewed when continued protection is needed. Understanding the renewal process is important for individuals who still have safety concerns as their order’s expiration date approaches.
The renewal process should begin well before the current order expires. In California, a request for renewal can be filed any time within the three months before the expiration date. Starting early provides sufficient time to complete the necessary paperwork and schedule a court hearing before the protection lapses.
To initiate a renewal, the protected person must file specific forms with the court, including form CH-700 (Request to Renew Restraining Order) and related documents. These forms ask for information about the original order and why continued protection is necessary. Unlike the initial restraining order process, which requires proving past harassment, the standard for renewal focuses on whether the protected person has a reasonable fear of future harassment if the order expires.
After filing the renewal request, a court hearing will be scheduled. The restrained person must be served with copies of the renewal paperwork and notice of the hearing date, following the same service requirements as the original order. At the hearing, the judge will consider whether the protected person still has a reasonable apprehension of future harm or harassment.
If granted, a renewed restraining order can be made permanent, with no expiration date, or can be extended for another period of up to five years. The judge makes this determination based on the specific circumstances of the case, including the history of the relationship between the parties, any violations of the previous order, and the ongoing potential for harassment.
Even if there have been no violations of the original order, renewal may still be appropriate if the protected person reasonably fears future harassment. Courts recognize that the restraining order itself may have been what prevented further harassment, and its removal could lead to a resumption of the problematic behavior.
Resources and Support for Restraining Order Cases
Navigating the restraining order process can be challenging, but numerous resources exist to provide guidance and support throughout this legal journey. Understanding what assistance is available can make a significant difference in managing stress and achieving a successful outcome.
Court self-help centers represent one of the most valuable resources for individuals involved in restraining order cases. These centers, available in most California counties, offer assistance with understanding court procedures and completing the necessary forms. Staff cannot provide legal advice but can explain the process and ensure paperwork is properly prepared. Many courts also offer specialized restraining order clinics that provide more focused assistance with these specific cases.
Legal aid organizations frequently offer free or low-cost legal services for restraining order matters. Organizations like Legal Aid Society of San Diego and San Diego Volunteer Lawyers Program operate clinics specifically designed to help individuals with restraining order paperwork and procedures. These services are particularly valuable for those who cannot afford private legal representation but need guidance through the legal process.
Victim advocacy organizations provide emotional support, safety planning, and practical assistance for those experiencing harassment. These organizations can help individuals assess their safety needs, develop strategies for protection beyond the restraining order, and connect with additional community resources. Many also offer accompaniment services, where an advocate attends court hearings to provide moral support.
For those who can afford private representation, attorneys specializing in restraining order cases can provide comprehensive legal guidance. While not required for restraining order proceedings, legal representation can be particularly valuable in complex cases or situations where the other party has retained counsel. Many attorneys offer initial consultations at reduced rates to help individuals understand their legal options.
Alternative dispute resolution services, such as mediation, are available in some jurisdictions for civil harassment cases. Organizations like the National Conflict Resolution Center offer mediation services that can sometimes resolve conflicts without the need for court intervention. However, mediation is not appropriate in all situations, particularly those involving violence or significant power imbalances.
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Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.
