When someone is being harassed, stalked, or threatened by someone else, they can obtain a Civil Harassment Restraining Order (CHRO) to stop the behavior. This court order defends individuals from harmful actions by people they do not have a close relationship with, such as neighbors, roommates, or coworkers.

CHROs prevent harassment and stop the restrained person from having contact or communicating with the victim as required by law. Depending on the situation, these orders can be put in place for a short period or for a longer time. This guide explains who can file a Civil Harassment Restraining Order in California, what conduct qualifies, how to file, what to expect after filing, and what to do if one is filed against you.

What Is Considered Civil Harassment

Under California law, civil harassment includes the following types of behavior:

  • Unlawful acts such as assault, battery, and stalking, which may involve or cause fear of violence

  • Credible threats that cause fear for personal safety and serve no legitimate purpose

  • Actions that are unjustified, would disturb a reasonable person, and actually cause distress to the petitioner

Constitutionally protected speech is generally not considered harassment, even if it causes upset, unless it crosses into threats, stalking, or incitement. The courts state clearly the difference between harassment and lawful speech.

The conduct must cause substantial emotional distress to the petitioner and would cause a reasonable person to suffer similar distress. If the respondent can prove that their actions were justified, the conduct may not qualify as harassment under the law.

Civil Harassment Restraining Orders are established under California Code of Civil Procedure 527.6. This law allows individuals to request a Temporary Restraining Order (TRO) and, if needed, a permanent injunction to stop harassment.

Who Can Apply for a CHRO

Those eligible to file for a CHRO include:

  • Neighbors

  • Roommates who are not romantically involved

  • Co-workers

  • Non-dating friends

  • Distant relatives

  • Strangers

  • Minors who are at least 12 years old

Legal Standard: Clear and Convincing Evidence

To obtain a CHRO after a hearing, the petitioner must present evidence that clearly shows harassment. CHROs have a stricter requirement than what is needed for a TRO or a DVRO. The proof should be clear and convincing so that the judge is certain the harassment took place. The strict legal standard helps ensure that CHROs are issued only in cases involving serious and substantiated harassment.

What the Petitioner Must Prove

To be granted a Civil Harassment Restraining Order, the petitioner must clearly establish the following three elements:

  1. Harassment Occurred

The respondent’s behavior must meet the legal definition of harassment. This typically includes violence, threats of violence, or a pattern of unwanted and distressing actions. Minor incidents or one-time interactions, unless particularly severe, usually do not qualify.

  1. Emotional Distress

The conduct must be serious enough that it would cause substantial emotional distress to a reasonable person, and the petitioner must show that it actually caused them distress as well.

  1. No Legal Justification

The respondent’s actions must lack a valid or lawful reason. If the respondent can prove that their behavior was legally justified, such as acting in self-defense or exercising a lawful right, the court may deny the restraining order.

Types of Evidence Commonly Used

To support their claims, petitioners often present a variety of evidence, including:

  • Written Statements and Witness Testimony

  • Digital Communication and Social Media Posts

  • Statements from witnesses that are taken under oath

  • Photographs, Videos, and Audio Recordings

  • Audio/video files and police reports

  • Medical or Mental Health Records

Types of Restraining Orders

Temporary Restraining Order

When filing a CHRO petition, you can also request a Temporary Restraining Order (TRO). A TRO may be granted without notifying the respondent if the judge finds that harassment has occurred and there is an immediate risk of serious harm.

The standard of proof for a TRO is lower than what is required for a permanent restraining order. Judges usually review TRO requests on the same day or the next business day after filing.

If granted, a TRO remains in effect for 21 to 25 days, until the court holds a full hearing. During this time, the order may prohibit the respondent from contacting the petitioner and may include stay-away provisions from places like the petitioner’s home, workplace, or school. If the hearing is delayed, the TRO generally remains in effect until the rescheduled date.

Permanent CHRO

A Restraining Order After Hearing, also known as a permanent CHRO, is issued only after the petitioner and the respondent have had a chance to present their case in court. To obtain this order, the petitioner must prove the harassment occurred using “clear and convincing evidence.”

If granted, the restraining order can remain in effect for up to five years, though it normally lasts for three years. Petitioners may request a renewal of the order before it expires.

How the Court Process Works

The process for obtaining a CHRO is clear and meant to quickly protect the victim while making sure both sides are treated fairly.

Preparing and Submitting the Petition

The first step in the process is for the petitioner to complete and file court documents that clearly describe the harassment. These forms must be accurate and complete for the case to proceed.

A filing fee of approximately $435–$450 may be required. However, the fee can be waived if the case involves violence, threats, or stalking, or if the petitioner qualifies based on financial hardship.

The petition must be filed in the Superior Court of the county where the harassment occurred or where the respondent resides. In some counties, documents can be submitted electronically or dropped off in a court drop box.

The petitioner must provide the court with the original petition and two copies for processing.

Obtaining a TRO

After the forms are sent in, a judge looks over the request for a Temporary Restraining Order (TRO), usually on the same day or the following day the request was made. If approved, the TRO gives you immediate protection until you have a full hearing before the court, which is usually set for 21 to 25 days.

Serving Legal Documents

The court papers must be personally delivered to the respondent. This is done by someone who is at least 18 years old and not involved in the case, often a sheriff, who may serve the papers free of charge.

If the respondent refuses to accept service or cannot be located, the petitioner can ask the court for permission to use an alternative method of service.

After service is completed, a Proof of Service form must be filled out and filed with the court to confirm that the respondent has been properly notified.

Court Hearing

At the hearing, both the petitioner and the respondent have the opportunity to present evidence, testify, and call witnesses. After reviewing all the information, the judge will decide whether to issue a permanent CHRO. If granted, the order can last up to five years.

If a party needs a court interpreter or a support person, they are allowed to bring them to the hearing.

After the Hearing

If the CHRO is granted, it is entered into the state’s law enforcement database (CLETS) so police can enforce it. If the order expires or is denied, but new harassment occurs, the petitioner can file a new request.

If a party believes there was a legal mistake in how the judge made the decision, they may file an appeal, but only in cases involving a clear legal error.

How to Respond to a CHRO

It is important that the respondent knows how the process works, what their response options are, and what risks there are if they choose not to participate.

Notification and Service

The respondent must be personally served with the court documents, which typically include:

  • The petition (Form CH-100)

  • The notice of hearing (Form CH-109)

  • A Temporary Restraining Order (TRO), if granted (Form CH-110)

Violating a TRO can result in arrest and criminal charges.

Preparing and Filing a Response

The respondent has the option to submit a written response using Form CH-120. This response can:

  • Deny the allegations

  • Present their side of the story

  • Include supporting evidence

Although not required, submitting a written response helps the court fully evaluate the case and ensures the respondent can present evidence or defenses at the hearing.

If a response is submitted, a copy must be mailed to the petitioner by someone other than the respondent, using Form CH-250 (Proof of Service by Mail). There is no filing fee for submitting a response to a CHRO.

If the respondent is currently involved in a criminal case or is on probation, they should speak with a criminal defense attorney before submitting a response or testifying. Anything they say could be used against them in court.

Consequences of Not Appearing in Court

The respondent must attend the court hearing. If the respondent does not appear, the judge may issue a long-term restraining order based solely on the petitioner’s statements in the court documents.

Under California Code of Civil Procedure 527.6(o), the respondent has the right to request a continuance (a delay) to have more time to prepare for the hearing. The court has the discretion to grant a continuance if there is a valid reason.

Common Defenses

Respondents may raise several common defenses against a CHRO, including:

  • Insufficient evidence

  • False accusations

  • Conduct protected by the Constitution, such as free speech

  • Self-defense

  • No ongoing threat

Respondents may also challenge the evidence provided by the petitioner and present their own supporting materials.

Enforcement and Violations

It is essential that the protected person and the restrained person understand:

  • The legal consequences of violating a CHRO

  • The role of law enforcement in enforcing the order

  • How the order can be modified or terminated through the court

The Consequences of Violating a Court Order

Violating a CHRO is a criminal offense under California Penal Code 273.6(a). A first-time violation is usually charged as a misdemeanor, which may result in:

  • Up to one year in jail

  • A fine of up to $1,000

  • Both jail time and a fine

The court may also order the violator to pay additional costs, such as reimbursement to the protected person for expenses incurred.

If the violation involves violence or the person has prior convictions, the offense can be charged as a felony, depending on the circumstances and the prosecutor’s discretion. Penalties may include up to three years in prison and fines of up to $10,000.

Possessing a firearm while subject to a CHRO can result in separate criminal charges. Violators may also be charged with contempt of court under Penal Code § 166.

Renewing, Modifying, or Terminating CHRO

Most CHROs are valid for five years, and they can be renewed even if no new harassment occurs. A court request and hearing are needed for a renewal (Form CH-700). If the situation changes a lot, orders may be modified or cancelled.

Although a CHRO is a civil order, it can still have significant consequences for a person’s future and career. The data goes into CLETS, which is a secure system for law enforcement and some agencies that issue licenses.

Violating a CHRO can result in misdemeanor or felony charges, which may lead to a criminal conviction and a permanent record, depending on the case outcome. CHRO filings are part of the public record unless the court orders them sealed due to compelling privacy or safety considerations.

When applying for employment, prospective employers may review CHROs and identify concerns regarding the applicant’s background. Even though California limits employer use of criminal records, a CHRO can still damage a person’s reputation.

Some landlords may reject housing applications if they learn that a person is subject to a CHRO. If the CHRO includes a stay-away order, the restrained person may be prohibited from living near the protected party or in certain locations named in the order. In some cases, the protected person may also have the right to end their lease early for safety reasons.

Violating a CHRO can also affect a person’s ability to obtain or keep certain professional licenses, especially when character and conduct are part of the licensing review. Licensing boards often give special attention to CHROs, particularly those involving violations, when assessing a person’s fitness or moral character.

Sealing of a Civil Harassment Restraining Order in California

A CHRO can only be sealed after the court approves it, and there are strong reasons, such as safety issues. Sealed CHRO cases are removed from public access, though certain entities, like law enforcement, may still view them under limited circumstances.

Find a Reliable Restraining Order Attorney Near Me

Civil Harassment Restraining Orders in California are used to stop harassment involving violence, threats, or distressing behavior from a person who is not closely related to you. To be granted a CHRO, individuals must provide strong and clear evidence, such as harassment by a colleague. It often starts with a short-term order, and then after the court hearing, it becomes a longer-term order if approved. The respondent must obey the conditions of the restraining order. Violating a CHRO can lead to criminal charges.

A CHRO against you may also negatively impact your ability to obtain employment, secure housing, or obtain a professional license. Because CHROs carry serious and lasting consequences, it is strongly recommended that you consult a lawyer to understand your rights and responsibilities. At Goldman Flores Restraining Order Law Firm, our attorneys are ready to help you understand what a restraining order entails and represent you throughout the process. Call us today at 213-341-4087.