Civil Harassment Restraining Order

Civil Harassment Restraining Order

A civil injunction can be obtained against anyone if the facts are there to support the action.  This type of injunction is typically used when you have a neighbor, acquaintance, or other person who is harassing you. 

Relationship Required

No relationship between petitioner and respondent is required.  A minor under 12 needs appointment of a guardian ad litem.  A minor over 12 does not need a guardian ad litem.  (CCP527.6(a)(2), 527.6(b)(1)(a))      

Protected Parties

People who can be protected by a civil injunction include the petitioner and for good cause all family or household members.  (CCP527.6(c))

Civil Injunction Conduct

To prove a civil injunction the Petitioner must prove that they have suffered harassment.  (CCP527.6) The following types of harassment are defined in the law. 

• Unlawful violence includes assault, battery, or stalking, not lawful self-defense or defense of others. (CCP527.6(b)(7))
• Credible threat of violence includes a knowing and willful statement of course of conduct that would place a reasonable person in fear for self or immediate family, and serves no legitimate purpose.  (CCP527.6(b)(2))    
• Knowing and willful course of conduct directed at specific person that seriously alarms, annoys, or harasses person and that serves no legitimate purpose.  (CCP527.6(b)(3)) Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.  (CCP527.6(b)(1))  The conduct is that which would cause a reasonable person to suffer substantial emotional distress and actually caused petitioner substantial emotional distress.  (CCP527.6(b)(3))         

Proof

To grant a temporary restraining order on a civil injunction requires reasonable proof of harassment by respondent and great or irreparable harm that would result to petitioner. (CCP527.6(d)) To grant the injunction requires clear and convincing evidence. (CCP527.6)

Civil Harassment Orders

The court can impose personal conduct and stay away orders but not residence exclusion orders. (CCP527.6(b)(6)(A), CCP527.8(b)(6)(A). The court will also impose firearms and ammunition orders. This means that the restrained person can’t own or possess guns or ammo and must relinquish any firearms that are owned. (CCP527.6(t), 527.8(r), 527.9. PC29830.)

Duration of Orders

A temporary restraining order lasts 21 days and up to 25 days for good cause. (CCP527.6(f)&(g)) If the order is reissued it is good until the hearing date. (CCP527.6(o)(1)) If the injunction is granted, it can be imposed for a time period not to exceed 5 years. CCP527.6(j))

Notice

Personal service of the TRO must be done at least 5 days before the hearing.  (CCP527.6(m), 527.8(m)) The answer is due any time before the hearing.  If the request is for a modification or termination of the order, then personal service on the protected party must be done at least 16 days before the hearing to terminate or modify the restraining order. The protected party may waive notice.  (CCP1005, 527.6(j)(3), 527.8(k)(3))       

Continuance

A continuance is discretionary under CRC3.1332.  CCP 527 says that respondent gets 1 continuance. 

Renewal

For not more than 5 years upon request of party without showing of further harassment since issuance of original order if brought within 3 months of expiration of the original order.  (CCP527.6(j)(1))

Mutual Orders

The respondent must file a cross petition if they want to ask the court to restrain the petitioner from conduct that is harassing the respondent. 

Attorney Fees

The prevailing party may have their costs and attorney’s fees paid.  (CCP527.6(r)) 

Fees

No filing fee for petition that alleges that respondent has inflicted or threatened violence against petitioner or employee, has staked petitioner or employee, or acted or spoken in a manner that has placed the petitioner or employee in reasonable fear of violence.  (CCP527.6(w), (CCP527.8(v)) There is no fee for filing a response.  (CCP527.6(w), 527.6(v))      

Process Service

There is no fee for service by the sheriff if the order is based on stalking or based on unlawful violence or a credible threat of violence.  (CCP527.6(x), 527.8(w))

Settlement Options

In every case there is a legal preference by the court for the parties to work out a settlement agreement prior to trial.  Sometimes it is possible when the parties have a mutual interest to resolve the issues without litigation and sometimes a resolution can’t be worked out because of the serious nature of the offenses or because one of the parties is unwilling to work out a settlement agreement.     

You don’t have to Represent yourself 

Because of the many legal issues in a restraining order case, it is always best to have an attorney handle the case.  Our experienced and aggressive efforts usually result in a successful outcome in your case.  Call our office today at (916) 939-3900 for a free case evaluation and what we can do for you. 

Office Hours

The office is open 24/7 – 365 days of the year.  That means you can speak to an attorney any time you call.