A civil restraining order is a type of protective order that protects a person from harassment, stalking, threats, or violence from another person with whom they do not have a close relationship. You can obtain a CHRO if you experience harassment, stalking, threats, or violence. The judge will need proof of stalking, harassment, physical or emotional harm, or threats of violence to issue a protective order. Once the order is in place, your harasser will not be able to continue the abuse or harm you or contact you in any way.
To file for a civil restraining order, you need to file relevant documents in court to provide details about your relationship with the perpetrator, reasons to file for the restraining order, and the kind of protection you seek from the court. After reviewing your petition, the judge typically issues a temporary order and schedules a hearing within 15 to 22 days. You need the help of a skilled restraining order attorney to understand the type of restraining order to file for, the filing process, and what to expect. The attorney will also ensure that the court considers your rights and best interests in this process.
Reasons to File a Civil Restraining Order
Restraining orders are court protections against abuse, harassment, and threats. There are different kinds of restraining and protective orders under California law. The type of protective order you file for depends on the kind of abuse, threats, or harassment you face. A civil restraining order protects you from violence, abuse, threats, harassment, or stalking by people who are not related to you. The order provides guidelines and restrictions by which the restrained person must abide for the period of the order. You can file for a restraining order pending the determination of a civil case or without necessarily filing a case against your abuser.
Here are some of the reasons or circumstances under which you can seek a court’s protection against someone you do not have a close relationship with:
Unlawful Violence
You can obtain a civil restraining order against a neighbor, co-worker, employer, or acquaintance who subjects you to bodily harm, including battery, assault, or any other form of physical violence. The abuse can be a one-time incident or a recurring issue, but one that leaves you afraid for your safety or the safety of your loved ones. If the perpetrator has issued credible threats against you, you can obtain a protective order before they act on the threat. In a case of threats of harm, stalking, or harassment, you should prove that the perpetrator’s actions put you in reasonable fear for your safety or the safety of your loved ones.
Criminal Threats of Violence
Criminal threat is an offense under California PC 422, which prohibits making credible threats against another person. A criminal threat is a death threat or a threat of bodily injury that puts you in reasonable fear for your safety or the safety of your loved ones. You can file for a civil restraining order if the person issuing criminal threats against you is someone who is not closely related to you. Since this is also a criminal offense, you can file charges against the perpetrator in court. The restraining order can protect you against the perpetrator before the case against them is heard and determined.
Stalking
This is another solid ground for filing for a civil restraining order against someone who puts you in reasonable fear for your safety. Stalking is also a criminal offense under California PC 646.9(a). It occurs when someone harasses, follows, and threatens another person with death or physical harm. If someone consistently watches, follows, or monitors you in a manner that causes you fear, anxiety, or distress, you should report them to the police. A civil restraining order will protect you before a court hears and determines their criminal case.
Note that stalking can be physical or electronic, popularly known as cyberstalking.
Harassment
Harassment includes a series of behaviors that cause you emotional distress or reasonable fear for your safety. Harassment is usually not a one-time incident but a repeated pattern of conduct by the same person that mainly affects your emotional well-being. A person can harass you physically or through emails, social media, texts, or phone calls. The perpetrator’s behavior must cause you to feel intimidated, annoyed, or afraid for the court to issue a restraining order against them.
Emotional Distress
You can also obtain a civil restraining order against a person who causes you emotional distress through their words, actions, or written texts. If someone has consistently behaved towards you in a manner that causes significant emotional distress, causing you to suffer psychological harm, fear, and anxiety, this can be a good reason to obtain a restraining order against them. The order will cut any form of contact between you and the perpetrator, protecting you from further abuse from them.
To obtain a restraining order, you must demonstrate your abuser’s actions against you and the kind of harm you have suffered. If you provide sufficient evidence in court, the judge can issue a restraining order to stop further abuse or harassment against you. A civil restraining order can be temporary or permanent, depending on the details of your case. If there is a pending case against the perpetrator, a temporary order will stop the perpetrator’s actions against you until the case is determined. You can apply for long-term protection if you need further protection after the case's conclusion.
Keep dated records of texts, emails, voicemails, police reports, and witness statements to support your petition. You should also provide details of how distressing or harmful their behavior has been for a particular period. A skilled restraining order attorney will help you develop a strong petition to ensure you receive the protection you deserve against your harasser or abuser.
Filing a Civil Restraining Order
Filing a civil restraining order can be complicated if you are unfamiliar with the legal processes involved. You can seek the help of a competent restraining order attorney to ensure you provide all the details the court needs to rule favorably in your case. Here are some of the steps involved in this process:
Determining the Validity of Your Case
If someone is violent towards you, or they are stalking, harassing, or issuing threats, you could benefit from a restraining order. However, the court will issue a restraining order against your perpetrator if their threats, harassment, or stalking put you in reasonable fear for your safety. It helps to talk to a skilled attorney first to determine the validity of your case. Your attorney will evaluate the pattern of conduct by the alleged perpetrator, what their behavior constitutes, and its impact on your emotional and physical well-being. If the perpetrator’s behavior satisfies the requirements of filing a civil restraining order, they will advise and help you start the legal process.
Gathering Evidence Against the Perpetrator
When you file a case in a criminal court, you must be ready to provide solid evidence to support your allegations. The court will determine the evidence and the defense of the alleged perpetrator to make the final ruling. In this case, the judge will expect to see evidence of a pattern of conduct that puts you in reasonable fear for your safety or the safety of your loved ones. You should have details about the day, time, and type of behavior that compels you to seek protection against the alleged perpetrator.
Strong evidence improves your chances of obtaining a favorable outcome. It could be printed threats from emails, texts, or voicemails, pictures of your injuries, or official police reports from previous incidents.
Prepare and File the Required Documents
Once you have the evidence needed to file a case against the perpetrator, your attorney can help you fill out and file the required documents in court. Your attorney can easily obtain the records from the state courts’ website or a superior court near you. Fill out the form by providing the information the judge needs about your situation, including your identifying information, information about the alleged perpetrator, details of the harassment, threats, or abuse, and witnesses.
Ensure you provide adequate and accurate information to avoid further issues affecting your situation. A mistake when filling out and filing a case can cause delays, leaving you in danger for much longer.
Once the documents are ready, file them with a local court to start the legal process. Provide sufficient copies of supporting documents to strengthen your case. Once a court clerk receives your case, they will review your documents to ensure they have all the information needed to enter the case in the court’s database.
Attend a Scheduled Court Hearing
After receiving your petition, the judge will review the case to decide whether to schedule a court hearing to determine an outcome. If your case is valid, you must attend a hearing to present it in person to the court. The alleged perpetrator will also be expected to participate in the hearing.
You should have legal representation in this hearing to ensure your case is well presented and your best interests are considered. Your attorney will also ensure your rights are not violated during all court processes. The judge will ask you to share your issue and present supporting evidence. The alleged perpetrator will also be allowed to present their defense.
At the hearing, the judge evaluates whether you proved allegations by a preponderance of the evidence, then grants or denies a final CHRO. If there is a pending case against the alleged perpetrator, the judge can issue a temporary restraining order to keep you safe until the case is determined. However, if there is no pending case and you need permanent protection against the alleged perpetrator, the judge can grant or deny your request. A permanent restraining order can remain in effect for up to three years. You can renew it if you need further protection from the perpetrator.
If the court grants your petition, the alleged perpetrator will receive a document detailing the behavior they should refrain from to avoid legal problems. Here are some of the actions that are prohibited under civil restraining orders:
- Any form of contact between the protected or restrained person, whether physical or through phone calls, texts, or emails. The restriction also includes indirect contact made through a third party
- The use of threats or violence against the protected person
- The restrained person could be prevented from being within a particular distance of the protected person to avoid confrontations, further harassment, or abuse.
- The protection can extend to the protected person’s loved ones and property.
- The judge may prohibit the restrained person from owning, possessing, or purchasing firearms and ammunition.
- The order can provide instructions on how the restrained person must behave towards the protected person if they live or work close to each other.
The restrained person must read and understand the content of the civil restraining order. This way, they will be careful not to violate any of its provisions. If the restrained person violates the restraining order, you should report it to the police immediately. You can involve a restraining order attorney to understand the actions you should take against the restrained person in case of a violation. An attorney will also help you file for the renewal of a civil restraining order once it expires.
Find a Competent Restraining Order Attorney Near Me
Are you facing abuse, harassment, stalking, or threats of violence from someone unrelated to you in California?
You can protect yourself and your loved ones from harm by filing a civil restraining order. This order can offer temporary or permanent protection, depending on the circumstances of your case. It will also contain restrictions that the restrained person must abide by throughout its validity.
At Goldman Flores Restraining Order Law Firm, we can help you understand how civil restraining orders work and how to file for one. We can also assist you in ensuring that your petition meets all the requirements for the court to grant it. Once the court issues the restraining order, we will ensure you understand its provisions so you will know when the restrained person violates it. Call us at 213-341-4087 to learn more about California restraining orders and our services.
