Feeling powerless when someone is harassing you, especially outside your immediate family, can be overwhelming. It could be a neighbor whose actions have become more than annoying and threatening, a former colleague who never leaves you alone, or a roommate whose habits cause you to feel unsafe in your house. When you find yourself in such a difficult position, know that the California legal system offers an effective means to protect yourself. The remedy is the Civil Harassment Restraining Order (CHRO).

Maneuvering the court system to ensure safety may appear overwhelming, but you do not need to go it alone. This article explains what, in legal terms, is civil harassment, the specific steps to obtain an order, and the possible long-term effects of a CHRO. When you are on the receiving side of an order, you will be informed about your rights and the essential steps you can take to react accordingly. The guide will give you the knowledge to navigate each step of the process confidently.

What a Civil Harassment Restraining Order Means

A Civil Harassment Restraining Order (CHRO) is a legal document that safeguards you against stalking, abuse, threats, or harassment by someone who is not closely related to you or in an intimate relationship. This is the most crucial feature of a CHRO. You would apply this legal instrument to disputes between neighbors, colleagues, landlords or tenants, friends, former friends, or relatives like cousins, aunts, and uncles.

The conduct you are experiencing must satisfy a certain standard of the law set out in California Code of Civil Procedure 527.6 to be granted a CHRO. The court requires more than ordinary rudeness or a single disagreement. The conduct must meet the legal definition of harassment under California law. You should demonstrate that the actions are in one of three categories:

  1. Unlawful violence—This encompasses those things that you may immediately recognize, for example, assault or battery.

  2. A credible threat of violence—This implies that the individual has said or has been involved in a way of doing things that would make a reasonable person fear their safety or that of their immediate family. This can include verbal threats, menacing gestures, or showing you a weapon in a threatening way.

  3. A course of conduct—A knowing, willful pattern of behavior directed at a specific person. This behavior should have no valid reason and be severe enough to inflict significant emotional harm on a reasonable person. Notably, you need to feel that degree of distress.

A course of conduct does not require just one incident. It is a course of action, during a duration, however brief, that proves a continuity of intent. It is akin to harassment, which could involve frequent and unwanted phone calls or text messages, stalking you all the time, or constantly showing up at your place of work or home. Furthermore, it might also include cyberstalking, such as repeatedly sending unwanted social media messages, posting defamatory comments, or sharing private information about you online without your consent.

All these actions, when considered as a pattern, make you feel yourself in a continuous cycle of harassment and experience significant fear and anxiety.

"Clear and Convincing" Burden of Proof

To obtain a long-term CHRO, you must present evidence that meets the ‘clear and convincing’ standard under California law. You ought to realize that it is a high legal standard. It is above the preponderance of the evidence standard that is applied in most civil cases, including domestic violence restraining orders.

To fulfill this burden, you must show evidence that the harassment you claim is likely real. This implies that your testimony might not be sufficient to win your case. You should back your words with solid, objective evidence.

This may comprise:

  • An orderly set of text messages and emails

  • Photographs of property damage or injuries

  • Harassment videos

  • Detailed police reports

  • Voicemails or other audio recordings of threatening behavior or incessant contact

  • Believable testimony of witnesses who observed or overheard what happened firsthand

Civil Harassment Restraining Order vs. Domestic Violence Restraining Order (DVRO)

You should file the correct restraining order because the decision wholly depends on your relationship with the other individual. Only the non-intimate relationships mentioned above are the ones in which a CHRO is involved. You should apply to get a Domestic Violence Restraining Order (DVRO) if the harassment is by:

  • A spouse or former spouse

  • A domestic partner

  • A person with whom you have shared a child or have lived

  • A close family member, such as a parent, sibling, or grandparent

The court could dismiss your case when you petition for the wrong order. This may lead to severe delays in obtaining the legal protection you need and will compel you to repeat the process with the correct paperwork.

What a Civil Harassment Restraining Order Can Do

When a judge issues a CHRO, they establish a list of rules that the restrained individual cannot violate, which are legally enforceable. These rules keep you safe and prevent harassing behavior. The final order will indicate certain things the restrained individual should not do. Such protections can be customized to your own case.

A no-contact order is the most widespread protection. You must know that this is a complete prohibition of communication. The restrained person may not contact you, directly or indirectly. This involves simple things such as visiting you in person, calling you on the phone, or sending you texts and emails.

It can, however, also be applied to the more minor forms of contact, like sending you a message on social media, talking to you via a third party, like a mutual friend, or even writing you a letter in the mail. This is aimed at establishing a total communication blackout.

Stay-away orders are commonly included in restraining orders if the judge finds they are necessary for safety. The court will force the restrained individual to remain a certain distance from you and others under protection. A standard stay-away distance is 100 yards, though the court may set a shorter or longer distance depending on the case. These are location-based orders; the restrained individual should remain a necessary distance from your home, work, car, and your children's schools or daycare centers.

There will also be broad personal conduct orders. These orders prohibit the restrained person from repeating the conduct that led you to seek the order. These orders will specifically prohibit the individual from harassing, stalking, threatening, intimidating, sexually assaulting, or otherwise bothering you in peace.

The Automatic Firearm Ban

You should know the essential and automatic implications of a CHRO. When a restraining order requires firearm relinquishment, the order typically requires the restrained person to turn in or sell firearms within 24 hours and to file proof (a receipt) with the court within 48 hours. California law also provides a narrow statutory exemption for a specified firearm necessary for continued employment; if granted, the court limits possession to scheduled work hours and travel to/from work. Failure to comply can be a separate criminal offense.

How Long Does the Civil Harassment Restraining Order Last?

The time of a restraining order depends on which stage of the process you are in. The system will offer protection both in the short and long term, and therefore, you will be presented with various kinds of orders as your case advances.

When you initially file, the judge may issue a Temporary Restraining Order (TRO). When your case starts, a Temporary Restraining Order will immediately provide a legal defense. This order is temporary because the respondent has not yet had the opportunity to present their side. A TRO generally remains in effect until the full hearing, which is usually scheduled within 21 days (sometimes up to 25 days).

If the judge grants relief at the hearing, you will receive an ‘order after hearing’ (often called a ‘permanent’ order). This is not necessarily lifelong; it has a statutory maximum duration. The order is not necessarily permanent in the sense that it is everlasting. It is rather a long-term order, which persists for a specific time. A judge can stipulate any period, but it cannot exceed five years.

You may petition to renew a long-term order within the three months before it expires. If you still have a reasonable fear for your safety and feel that the harassment will occur again after the order is terminated, you may request to have it extended. Ideally, you should submit this request within the next three months of the current order expiring.

The order may be renewed for a period of five years. A judge can even grant permanent renewal that is not subject to time in certain situations, especially where a history of violence has been noted.

How to Obtain a Civil Harassment Restraining Order

Obtaining a CHRO is a formal legal process that requires several accurate and sequential steps. Although this process may appear complicated, it aims to make both parties heard.

Step 1: Fill out the Necessary Court Forms

First, you should carefully and thoroughly complete all required court forms. They are available on the California Courts' official site or as hard copies at your local county courthouse.

The most significant is the CH-100, the Request for CHROs. In this form, you have to explain the harassment in detail and chronologically. Be specific. Use dates, times, places, and direct quotes where possible. This is the basis of your case.

You will also be required to fill out the CLETS-001, the Confidential CLETS Information form, which will give law enforcement identifying information about the respondent to enforce the order. The other early forms are the CH-109 (Notice of Court Hearing) and the CH-110 (Temporary Restraining Order).

Step 2: Seek a Temporary Restraining Order (TRO) for Immediate Protection

Once you finish the paperwork, you will submit it to the court clerk. You will also request the judge to order a Temporary Restraining Order. A judge will review your CH-100 request, most of the time, on the same day you submit it.

The judge will determine whether you have reasonable proof of harassment to require immediate protection based on the information you have provided alone. If the judge agrees, they will sign the Temporary Restraining Order, and the legal protections will be adequate immediately after the respondent is duly served.

Step 3: File Your Paperwork and Serve the Respondent

After submitting the forms at your superior court, where you are, you should see that the other party, called the respondent, is formally informed of the case. This legal notice is termed a service of process, and it is an important step that you need to take to get it right. Most importantly, you cannot wait for the papers yourself.

The law stipulates that the documents be delivered by a neutral third party at least 18 years old. You may ask a friend or relative, recruit a professional process server, or request your local sheriff's department. The server should personally deliver a copy of all the filed forms to the respondent. Once they do so, the server should complete and submit a Proof of Service (Form CH-200) and send it to the court. Your case cannot proceed without this filed proof.

Step 4: Preparation and Court Hearing

The last process is the court hearing. This is when you must make your case before the judge. You must prepare thoroughly. Gather all your evidence, including text messages, videos, and police reports, and make it easy to present. It is also helpful to develop a straightforward chronicle of the harassing incidents to help you in your testimony.

Remain calm, focused, and factual when talking to the judge. The judge will hear your testimony, look at your evidence, and listen to the respondent. After weighing all the facts, the judge will decide whether to award a long-term restraining order.

Consequences of Breaching a Civil Harassment Restraining Order

A restraining order is a direct order of a judge. Under California Penal Code 273.6, it is a crime to knowingly violate any of the terms of a temporary restraining order or a final restraining order. Should the restrained individual do anything the order prohibits, like contacting you, being within the forbidden stay-away range, or harassing you, you should call 911 and report the violation. The order is recorded in a statewide law enforcement database, and any officer can check its terms and act.

The repercussions of an infraction are dire and direct. The restrained party can be arrested without a warrant by the police when you report the violation, and the police have probable cause to suspect that the order was violated. The violation is usually prosecuted as a misdemeanor. Upon conviction, the individual will be subject to severe criminal punishment, including a jail sentence of up to one year in county jail and/or a fine of up to $1000.

Moreover, legal danger may grow considerably when recurrence or violent conduct occurs. If the individual has a prior conviction of violating a restraining order and the subsequent violation comprises an act of violence, the prosecutors can consider the crime a felony. The punishment for a felony is far more severe and may include state prison.

What Happens When Served With a Civil Harassment Restraining Order

It is also shocking and stressful to receive restraining order papers. It is a grave legal issue, and you have to act accordingly and in a timely fashion. The initial steps you take during the first hours and days are crucial.

Comply with the Temporary Order

The first and most important thing you should do is read the Temporary Restraining Order (Form CH-110) to the end. Now you are legally obliged to follow every one of the orders on that form. You should not have any further contact with the guarded individual and remain at least at a stay-away distance.

You must know that even such an apparently innocent act as sending a text message just to explain things directly violates the court's order. A breach is a criminal act that may result in your arrest. Compliance is not a matter of choice; it is a mandatory thing.

How to Formally Respond and Defend Yourself

Although you must abide by the Temporary Restraining Order, you may present your case version to the judge. You should build your defense quickly before defending yourself. You should complete and submit a Response to Request to Civil Harassment Restraining Orders (Form CH-120).

This is your formal chance to write in response to all the charges the petitioner has brought against you. You should be factual and straightforward in your reply. Meanwhile, you are also expected to start collecting any evidence that will either prove your case or refute the claims by the petitioner.

This may involve your personal text messages, witnesses' emails, or an alibi when you were accused of harassing someone. You should not miss your court hearing. Without showing up, the judge will issue a long-term restraining order without listening to your point.

Workplace and Minor-Related Civil Harassment Restraining Orders

Employers Protecting Employees

It is the duty of employers to ensure a safe workplace, and an employer may apply a Workplace Violence Restraining Order on behalf of an employee who is being or is at risk of being the victim of violence or a credible threat of violence at work. Another significant amendment to the legislation, SB 428, will take effect January 1, 2025.

This new law increases the capability of an employer to request such orders. It will facilitate easier defense of an employee based on a course of conduct or harassment that results in a high degree of emotional distress, even in a scenario where there was no explicit threat of violence.

Restraining Orders Involving Minors

California law acknowledges that even minors are required to be protected against harassment. The regulations aim to give youth access to the legal system and relevant protection. In California, children as young as 12 years of age and above are entitled to petition for a CHRO independently without the consent of a parent. In the case of children below the age of 12 years, the request has to be filed by a parent or a legal guardian. 

Frequently Asked Questions (FAQ)

Can a CHRO force me to sell my gun?

Yes. The California law automatically prohibits you, subject to a CHRO, from owning or possessing firearms or ammunition. Within a short time after the order is issued, they should hand over their guns to the police or sell them to a licensed dealer.

How long will my CHRO last?

A temporary restraining order typically takes a span of 21–25 days until a court hearing. An interim CHRO may be extended to 5 years. It may be renewed and, in some instances, even made permanent.

What can be done in case of CHRO violation?

Breaching a CHRO is a crime per the California Penal Code 273.6. It may result in an arrest order, fines, and serving time in jail. Repeat or violent offenses can lead to a felony.

Is it possible to file a CHRO by minors in California?

Yes. Children above 12 years may file on their own. Children of a lesser age are required to have a parent or guardian file.

Navigate the CHRO Process With an Experienced Restraining Order Attorney Near Me

Whether you are a petitioner in dire need of protection or a respondent facing allegations in California, you should know the far-reaching and enduring effects of a civil harassment restraining order (CHRO). 

The legal requirements are complex, the process requirements of filing and service are rigid, and the stakes to your future and freedom are high. A professional restraining order lawyer is a valuable partner in navigating the process. They are familiar with the specifics of the clear and convincing evidence standard and how to argue a case in front of a judge effectively. Your lawyer can ensure that your rights are not violated during the proceedings.

It is an overwhelming and emotionally exhausting experience to face a situation of harassment on either side. You need not go through this tricky legal process alone. To receive professional assistance and quality legal counsel in your CHRO case, you should seek professional help. For legal representation and a confidential consultation, contact Goldman Flores Restraining Order Law Firm at 213-341-4087.