The court can issue a restraining order against you if you threaten or harass another person. This type of restraining order applies when you and the petitioner lack a close relationship. A person obtains a restraining order by filing a petition with the court. The court will hold a hearing and determine whether there is a need for protection. A restraining order can restrict your movements and interactions with the petitioner.

Restraining orders protect people from violence, threats, stalking, and severe harassment. However, courts do not always get it right. Sometimes, the person seeking the order may exaggerate events or misstate facts. Some people may use the restraining order process to gain leverage in other disputes.

Fortunately, you have the right to challenge the order. You can present your case in court and dispute the allegations that may lead to the issuance of an order. The process of challenging a restraining order may be complex. Therefore, you will have the guidance of a reliable attorney.

Challenging a Civil Harassment Restraining Order in California (CHRO)

A CHRO is a court order that protects someone from harm or threats. California law defines civil harassment under Code of Civil Procedure section 527.6. It includes:

  • Violence
  • Threats of violence
  • Stalking
  • Conduct that seriously annoys or harasses someone

These orders are different from restraining orders for domestic violence. The court issues a CHRO when the parties do not share a close relationship. It applies to neighbors, coworkers, former friends, roommates, or strangers.

When someone requests a CHRO against you, the court requires you to be served with various documents. These documents explain the allegations and illustrate the accusations made against you. They include:

  • (Form CH-100) The request for a restraining order.
  • (Form CH-110) The temporary restraining order.
  • (Form CH-109) Notice of the hearing.
  • (Form CH-120) Your response form.

In addition to these forms, you will receive declarations, photos, texts, or emails submitted by the petitioner. When you receive notice of the allegations, you should look out for:

  • Nature of the allegations
  • Specific dates
  • False or exaggerated information
  • Exaggerated account of events

A restraining order can significantly impact both your personal and professional life. Therefore, you must fight against it. The information you receive on the notice will help you gather evidence to contradict the story. Also, you should verify the hearing date. You must appear in court on the exact date for your hearing.

To challenge the order, you file a response. You can do this using Form CH-120, which is the official response to the order request. The form asks for your side of the story. It gives you space to explain your position.

When responding to the notice, you should use short, clear sentences. Furthermore, you should avoid emotional statements. Instead, you should focus on facts and explain why the allegations are false or misleading. If you would like to attach additional details, you can use Form MC-025. You can also attach evidence such as:

  • Text messages
  • Photos
  • Call logs
  • Videos
  • Witness statements

After attaching the documents, you must file the response with the court. If you do not respond, the judge may assume the allegations are factual. If you do not appear at the hearing, the court will likely grant the restraining order.

What Happens at the CHRO Hearing?

The hearing is an essential part of defending against a restraining order. At the hearing, the judge listens to both sides and reviews evidence. This procedure helps them decide whether to issue, deny, or change the civil harassment restraining order. The following are the steps involved in a CHRO hearing:

Both Sides Present Their Version

At the hearing, the petitioner presents evidence to explain why they need protection. They may describe their fears and the events that happened. Also, they show any evidence they believe supports their case. After they finish, you get your chance to speak. You can explain your side. This is your opportunity to correct the narrative and dispute the allegations.

Review of Evidence

You and the petitioner can present evidence to support your account of events. Evidence can include:

  • Text messages. You can present screenshots showing the tone and context of the altercation. If the other person sent you threats, insults, or encouragement, you should keep them and present them in court.
  • Emails or social media messages. You can use messages that contradict the petitioner's account in your defense.
  • Videos or photos. Security footage, doorbell cameras, or phone videos can provide evidence of what happened.
  • Police reports. If the police were called, you can get the report and use it in your case.
  • Logs or journals. A timeline can help explain your version of events.

The judge reviews this evidence carefully before deciding to issue the civil harassment restraining order. Clear, organized evidence can help the judge understand the events.

Witness Testimony

If other people were present during the altercation, you can request them to give testimony. This can be achieved by making a written statement or attending court. A witness can confirm your behavior or show that the petitioner misunderstood the situation. Judges pay close attention to witnesses because they offer neutral information.

The judge may ask questions after hearing the witnesses. These questions help them understand details, timeliness, and errors. You should answer the questions truthfully and provide the facts simply.

The Judge Makes a Decision

The judge makes a decision at the end of the hearing. The judge may award, refuse, or modify the restraining order. As soon as the judge makes their decision, you will receive a written copy of the order. The order will explain the judge’s ruling and the exact terms you must follow.

Your Legal Rights When Challenging a CHRO

When you challenge a civil harassment restraining order in California, you have rights. These rights protect your ability to defend yourself. Additionally, they ensure the process is fair. They include:

  • Right to be heard. This means the judge must give you a chance to speak. You can tell the court why the allegations are false, exaggerated, or incomplete. The judge must listen to your explanation before making a decision.
  • Right to cross-examine the petitioner. You can question the person who filed the restraining order against you. You can ask about the dates and details. Additionally, you can highlight inconsistencies and missing facts. Cross-examination helps you demonstrate to the court that the story is not credible.
  • Right to present documents, videos, and records. You can present text messages, videos, or call logs. These pieces of evidence can show the actual situation. The clear evidence helps the judge gain a better understanding.
  • Right to legal representation. You have a right to legal representation as you fight against a CHRO in California. A lawyer can prepare your documents and organize the evidence. Additionally, they can speak for you in court. Expert legal representation can reduce stress and improve your chances of success.

Common Defenses Against a Civil Harassment Restraining Order

The stakes are high for individuals facing a civil harassment restraining order. Fortunately, there are several defenses you can use against the order. The defenses show the court that your conduct did not meet the legal standard for civil harassment. Additionally, they can demonstrate that the petitioner may have misunderstood events. The following are common defenses you could use against a civil harassment restraining order:

No Violence or Threats Occurred

Showing that no violence or threats ever happened is a strong defense against a restraining order. The law requires clear evidence that you:

  • Committed unlawful violence
  • Made a credible threat
  • Engaged in a pattern of harassment

If the petitioner cannot show this, the restraining order will not stand. You can point out that your behavior was calm, brief, or harmless. Courts rely on objective facts when issuing restraining orders. Therefore, you can explain that no physical contact occurred. If there was no real threat, the judge may deny or dissolve the order.

Insufficient Evidence

A civil harassment order cannot be based on assumptions, fear, or emotions. A petitioner must support their request with evidence. Such evidence can include:

  • Messages
  • videos
  • Witness testimony
  • Other documents

If the petitioner has no solid proof, you can highlight that fact. You can also argue that their claim is based on speculation. Without subjective proof, the court can dismiss the request for a civil harassment restraining order.

The Conduct Was Lawful

Showing that your actions were lawful is a robust defense against a restraining order. A person can misunderstand normal activities, especially when you have a strained relationship with them. The law does not punish legal, everyday conduct. If your actions were lawful or necessary, the petitioner cannot use them as a basis for harassment. These actions may include:

  • Walking to your car. People share neighborhoods, parking areas, hallways, and driveways. Walking to a vehicle or passing by someone in a shared space does not count as harassment. However, you must prove that you did not do anything that could threaten the petitioner's safety.
  • Performing a job. If you were doing your work duties, the actions are likely lawful. For example, contractors checking a property cannot suffice as harassment. Landlords and property managers can legally request rent or tell the property owners and managers about leases. These relationships can feel very intense. However, they do not constitute harassment, as they are considered legitimate business communications.
  • Communicating about shared property. People who share children, homes, businesses, or vehicles must communicate at times. Simple conversations about shared property or responsibilities may not count as harassment. The allegations are exaggerated or fabricated.

The Allegations Were Exaggerated

Often, the claims of civil harassment are overstated. Some people inflate minor issues into major accusations. You can fight against a restraining order by showing inconsistencies in the petitioner's story.

You can also point out contradictions between their written statements and their testimony. These issues weaken their credibility and suggest the allegations are inaccurate. Judges pay close attention to the following aspects of the case:

  • Mismatched timelines
  • Unclear descriptions
  • Shifting narratives

If the petitioner cannot maintain their story, the court may doubt the entire claim and dismiss the petition.

There was Mutual Communication

Sometimes the petitioner presents the claim that you called them repeatedly. Yet you may have evidence that they were also approaching you. If both sides initiate communication, it becomes more difficult for the petitioner to claim that you harassed them. You can show that the petitioner initiated the call by using:

  • Texts
  • Calls
  • Social media messages

This evidence suggests that the petitioner was not genuinely concerned for their safety.

No Credible Threat Existed

Civil harassment requires a credible threat. It means a serious expression of intent to harm another person. If the alleged victim took your words out of context, they cannot support a restraining order.

Many conversations include sarcasm or casual remarks that sound harsher than intended. You can provide context for your words or communication to enhance their meaning and clarity. Additionally, you can show that no reasonable person would view your words as a real threat.

Misrepresentation of Facts

Not every disagreement or argument counts as civil harassment. If the incident was a misunderstanding or simply a conflict, you can clarify it in court. However, you can describe the events and demonstrate that you did not intend to harm the petitioner.

Lack of Substantial Emotional Distress

California law requires the petitioner to show substantial emotional distress when seeking a restraining order. It means more than mild irritation or annoyance. You can argue that they were only upset temporarily. If the petitioner cannot prove serious distress, they likely will not meet the legal requirement for a civil harassment restraining order.

False Allegations

Unfortunately, some individuals in California misuse restraining orders. They may use them to control situations, punish someone, or gain leverage. A person can seek a civil harassment restraining order against you for the following reasons:

  • Tenant disputes. A tenant may file a petition to stop an eviction or delay payments.
  • Family disputes. Neighborhood neighbors sometimes file complaints in response to nuisances, parking issues, pets, or disputes over property lines.
  • Workspace conflicts. For instance, employees or co-workers may use restraining orders to take power.
  • Personal grudges. Some people use civil harassment restraining orders to respond after arguments. If you show motive, bias, or revenge, the court may question the authenticity of the claim.

What should you do if the judge grants a civil harassment restraining order?

A civil harassment restraining order can feel overwhelming. This is because it can restrict your movements and interactions. If the judge issues the order against you, you can explore the following options:

Request a Modification

The court can amend certain parts of the restraining order. A modification helps when the order generates practical problems. This can occur if you and the petitioner share property or live in proximity to each other.

  • Share property
  • Live near each other
  • Work in the same building
  • Need access to common areas

You must file the proper court forms and explain why the current terms are unreasonable. The judge can adjust distances or contact limits if you show reasonable cause.

Ask for a Reconsideration

If you have new evidence, you can ask the judge to reconsider the decision. The evidence must be something you did not have at the hearing. Additionally, it must have an impact on the outcome of the hearing. You can support your request for reconsideration using:

  • New witnesses
  • Surveillance footage
  • Messages
  • Corrected information

The court does not grant reconsideration. However, it can change your situation when new facts about the case come to light.

File an Appeal

You can appeal the judge’s ruling. An appeal is not a new hearing. Instead, it is a legal review by a higher court. You file an appeal when you believe the judge made a legal error. The appeals court decides whether the judge made a legal mistake.

You have 60 days from the date of the written order to file your appeal. Appeals require clear arguments. Additionally, they focus only on legal issues and not on new facts. After receiving your appeal, the court will examine your record from the original hearing.

The court does not hear new witnesses or accept new evidence. Instead, it checks whether the judge obeyed the law. The appeals court can affirm the civil harassment restraining order, reverse it, or send the case back for a new hearing. A remand will give you another chance to present your case under proper procedures.

Stay in Compliance

Even if you plan to appeal the restraining order, you must obey the terms. Violating the order is an offense that could result in criminal charges.

Mistakes to Avoid When Challenging a Civil Harassment Restraining Order

When challenging a civil harassment restraining order in California, some mistakes can hurt your case. Each mistake can weaken your credibility or create new problems. The mistakes you should avoid during this process include:

  • Not Showing Up to the Hearing

When a person seeks a restraining order against you, the court sets a hearing date, which you must attend. If you do not attend the hearing, the judge will almost always grant the restraining order. In this case, you will lose the chance to explain your side and question the petitioner. Even if you think the case is weak, you must still appear. Missing the hearing also makes you look irresponsible to the court.

  • Ignoring the Temporary Restraining Order

If the court believes that the petitioner is in danger, it may issue a temporary restraining order before a hearing. A common mistake you can make is to ignore the temporary restraining order. Even if you think it is unfair, you must follow it. Violating the order can lead to arrest, fines, or criminal charges. The petitioner can also use the violation to convince the judge to issue a permanent order.

  • Losing Control in Court

At a restraining order hearing, the petitioner can provide information, some of which may be false or exaggerated. You should avoid getting angry or having emotional outbursts in court. The judge will watch your behavior and may consider you unstable if you are out of control. Instead of getting frustrated, you should remain calm and stick to the facts of the case.

  • Bringing Weak or Disorganized Evidence

When challenging a restraining order in California, judges require clear and organized evidence. You should present clear messages and labelled exhibits. Sloppy evidence makes you look unprepared. Additionally, it motivates the judges to work harder. Substantial evidence can change the course of your case.

  • Failure to Address Inconsistencies

If the petitioner’s story has inconsistencies, you must point them out. Many people fail to highlight unclear dates, changing stories, or missing details. Judges pay attention to inconsistencies. You should not assume the judge will notice them on their own.

  • Talking to the Petitioner During the Case

Contacting the petitioner is a grave mistake, especially when a temporary restraining order is in place. Any contact can result in an arrest and criminal charges. Additionally, it can worsen your case. If the petitioner contacts you, it is advisable not to respond. Instead, you should keep the log as evidence for your defense at the hearing.

  • Handling the Case with No Legal Representation

Fighting against a restraining order can be a complex process. Managing the process without legal guidance can lead to chaos and confusion. Furthermore, you risk making mistakes that could impact your case. A skilled restraining order attorney will help you gather evidence and represent your defense in court.

Find a Reliable Restraining Order Attorney Near Me

A civil harassment restraining order can have a devastating effect on your freedom, reputation, and future. You can challenge a restraining order if you learn that someone has filed for one again. You are entitled to respond, present evidence, cross-examine witnesses, and tell your story.

The process begins with reviewing the papers. After a thorough review, you can file a detailed response. The notice will come with a court date. You must gather evidence and organize your facts while preparing for the hearing. You can avoid the restraining order by showing that the petitioner misunderstood your intentions. Furthermore, you can point out inconsistencies in their stories.

If the judge grants the order, you can ask for changes, file for reconsideration, or file an appeal. While challenging a restraining order, you will benefit from the legal insight we offer at Goldman Flores Restraining Order Law Firm. Call us today at 213-341-4087 from California to discuss your case.