Many people associate restraining orders with emotional or physical harassment, mostly in intimate relationships. However, as technology advances, the ways you can harass someone have evolved. The proliferation of social media platforms and digital communication technologies has led to an increase in online harassment, posing several challenges for businesses, individuals, and policymakers.

Whether it is cyberstalking, revenge porn, doxxing, or publishing defamatory statements, these acts can cause a deep and lasting impact on someone else's life. Sometimes online harassment can go beyond uncomfortable texts to threats that make another person sustain reasonable fear for his/her life and safety.

When that happens, the threatened person or victim can secure a restraining order against you. Whether your texts or statements were misunderstood or not, once the victim obtains a restraining order against you, you need to know what to do, as it can significantly impact your quality of life.

A Look at What Online Harassment Means

As mentioned in the previous paragraph, online harassment can extend beyond uncomfortable or disturbing messages, and sometimes you can commit this offense unknowingly when you least expect it. What you might think is a joke and the other person will take as it is, can be misinterpreted, leading to accusations of criminal threats, stalking, or cyberbullying. In a nutshell, online harassment could include the following:

• Posting derogatory comments
• Sending harassing messages and emails
• Spreading rumors through social media platforms
• Create false or “fake” web profiles and pages to defame another person
• Uploading unauthorized videos and pictures online
• Encourages social media users to “tag” or rate someone else's humiliating pictures
• Impersonating another person in a chat room
• Disseminating private or false information about someone online
• Publishing libelous statements online

For the offense to qualify as online harassment, also commonly known as cyberharassment, the prosecution team must prove that you communicated your threats or harassment through an electronic communication device. An electronic communication device could include cell phones, computers, laptops, email, hybrid cellular devices, telephones, or internet web pages.

Common Crimes That Count as Online Harassment and Possibly Attract a Restraining Order

To combat online harassment issues that have become rampant, lawmakers have set strict laws to address them and punish offenders. In addition to attracting criminal penalties, most forms of online harassment will attract restraining orders, which occur even before the prosecutor secures a conviction against you.

A restraining order is a court-issued protective order that helps protect victims of repeated and unwanted contact or surveillance that makes another person fear for his/her or a loved one’s safety. While it is a helpful tool for curbing issues of abuse and harassment, especially in domestic violence (DV) cases, it could affect several aspects of your life when it is obtained against you.

Understanding what to do once a restraining order is issued against you is key to protecting your interests and avoiding unnecessary legal issues. While there is no specific law in the Penal Code named “online harassment,” several existing statutes are applicable to combat these behaviors.

Below is an overview of various forms of online harassment that could make someone secure a restraining order against you:

Cyberstalking

According to Penal Code (PC) 646.9, it is unlawful to threaten or harass someone, making him/her fear for his/her life or safety. If the stalking occurred through an electronic communication device, the prosecutor will file a cyberstalking charge against you.

The penalties you will face for a cyberstalking charge conviction under PC 646.9 can attract serious consequences because this crime qualifies as a wobbler. Depending on the facts and circumstances of your unique case, you could face misdemeanor or felony penalties.

A felony conviction under this law could result in a jail term of up to five (5) years, while a misdemeanor conviction carries a prison sentence not exceeding one year.

Criminal Threats

As the name suggests, you commit a criminal threat offense when you make threats of death or severe bodily injury, making another person fear for his/her life or safety. According to PC 422, the prosecutor may file this charge against you even if you lack the ability or intent to carry out the alleged threats. A PC 422 violation could result in misdemeanor or felony penalties because it qualifies as a wobbler crime.

A misdemeanor PC 422 violation conviction could carry a fine not exceeding $1,000 and a jail term of not more than one year. However, a felony conviction under this statute could result in a jail term of up to three (3) years and a fine not exceeding $10,000.

Annoying Phone Calls

Annoying phone calls are closely related to the cyberstalking offense, but they are two distinct crimes under the penal code. Under PC 653m, it is a misdemeanor to annoy or harass another person with threatening, obscene, or repetitive phone calls or electronic communications. A PC 653m violation conviction could carry a sentence of up to six months in jail.

Revenge Porn

According to PC 647(j)(4), posting sexually explicit videos and images of someone else without that person's consent and causing him/her great emotional distress constitutes revenge porn. A PC 647(j)(4) violation conviction carries a jail term not exceeding six months and a fine not exceeding $1,000.

Cyber Harassment

PC 653.2 makes it illegal to send electronic communications, including emails and text messages, with the criminal intent of placing another person with reasonable concern for his/her life and safety or that of his/her immediate family members. A PC 653.2 violation conviction can carry a fine not exceeding $1,000 and up to 1 year in jail.

If you are under investigation or charged with any of these offenses, chances are the judge will issue a restraining order against you even before your case’s trial date. Ensure you consult with an attorney as soon as possible if you are under arrest or charged with any of these offenses.

Types of Restraining Order Available for Online Harassment Cases

Depending on the unique relationship you have with the accuser or victim, the court can issue any of the following types of restraining orders against you:

Civil Harassment Restraining Order (CHRO)

The court will issue a CHRO against you if the victim of the online harassment is not an intimate partner or close relative. For example, the victim could be your neighbor, coworker, or landlord. Once issued against, a CHRO could require you to stay a specific distance away from the accuser or victim. Additionally, the CHRO will also prevent you from owning ammunition, firearms, or body armor.

If a CHRO is issued against you, it will remain in effect for up to five (5) years to protect the victim from persistent online harassment.

Domestic Violence Restraining Order (DVRO)

A DVRO is a court-issued protective order that helps prevent ongoing abuse within a familial or intimate relationship. Your domestic partner, spouse, or a close family member, including your parent, sibling, or child, can request a DVRO against you. The purpose of DVRO is to set boundaries that help protect victims from various forms of abuse, including financial, physical, digital, or emotional abuse.

Over the years, the protection offered by DVRO has expanded to address online harassment, recognizing that electronic or digital abuse could be as harmful and detrimental to the victim’s life as other forms of abuse. Depending on your unique situation and circumstances, the judge could issue any of the following types of DVRO’s against you:

• Emergency Protective Orders — Also abbreviated as EPOs, emergency protective orders offer short-term protection, usually lasting up to seven days from the date of issuance
• Temporary Restraining Orders — This type of DVRO will remain in effect until your court hearing and will typically last for twenty to twenty-five days
• Permanent Restraining Orders — A permanent restraining order is issued after the judgment of your case and will last up to five (5) years from the date of issuance

Unlike a CHRO, a DVRO comes with additional protections. For example, it may require you to leave a shared residence or pay child support, depending on your unique case’s circumstances and facts.

Workplace Violence Restraining Order (WVRO)

WVRO functions differently from other types of protective orders. Only an employer can request this type of protective order, meaning an employee cannot request it for himself or herself. If you are an employee and you need legal protection, you can petition the court for a CHRO or DVRO, depending on your relationship with the harasser.

When an employer files for a WVRO, he/she is seeking protection for their employees who have experienced stalking, online harassment, or threats of violence. When the court issues a WVRO against you, the order can last for up to three (3) years. A WVRO prevents you from owning a firearm, contacting the protected individual, or visiting the protected individual's workplace.

What to Expect During a Restraining Order Hearing for an Alleged Online Harassment Case

Once a person requests a restraining order against you, they must serve you with the order for it to take effect. The order contains the rules you must comply with and a hearing date on which you and the victim will show up before a judge. At the restraining order hearing, both you and the victim or his/her attorney will have a chance to present his/her before the judge.

The restraining order hearing begins with the petitioner or his/her attorney giving testimony and evidence as to why he/she deserves legal protection from you. The petitioner will also present evidence to support his/her argument, such as:

• Police reports
• Videos and pictures
• Electronic communications and messages, including emails
• Eyewitness testimonies

Once the petitioner presents his/her side of the story, you or your attorney will have a chance to present your defense arguments. The court must carefully listen to the petitioners' and your attorneys' arguments and evidence to make a fair judgment on the case.

If the petitioner's evidence is substantial, the judge will likely grant him/her a protective order and specify its restrictions that you, the defendant, must comply with as the case continues. Usually, this hearing is brief and will last about an hour. Having an experienced attorney during your restraining order hearing is key to securing a favorable outcome.

Tips to Increase Your Chances of Winning a Restraining Order Hearing for an Online Harassment Case

In a restraining order, you and the petitioner have equal chances of winning. The evidence and arguments that you and the petitioner will present in court will influence the judge’s decision. If you win the restraining order hearing, you can live your life freely without the restrictions associated with the protective order.

Here are tips that can increase your odds of securing a favorable outcome during this hearing:

• Gather and compile your evidence.
• Prepare for the hearing ahead of time
• Hire a skilled attorney to present your defense arguments
• Present eyewitness testimonies during the hearing
• Declare your interest in court, including your willingness to stay with your children’s lives

If the judge grants the petitioner a protective order against you, your attorney can help you understand its requirements and limitations. It is worth noting that it is illegal to violate the terms of your restraining order willingly. For example, if the protective order prohibits you from texting the victim, doing so will constitute a breach of the order and could result in rearrest.

How an Attorney Can Help in a Restraining Order Hearing for an Online Harassment Case

You cannot overlook the importance of a skilled attorney during a restraining order hearing for an online harassment case. Every case involving online harassment or social media calls for a unique approach when preparing effective legal defense arguments. A skilled attorney understands this and will do everything possible to help you secure a favorable outcome.

Your attorney could help you avoid a restraining order for the alleged online harassment case by:

Challenging the Authenticity of the Presented Digital Evidence

In the digital era that we live in, even the court understands that screenshots are easy to manipulate. Your attorney can challenge the petitioners' evidence, especially the digital evidence, to show the judge that it is incomplete, fabricated, or unauthentic, increasing your odds of securing a favorable outcome.

Presenting the Full Context

The judge rarely sees the full context of the alleged case from the petitioner's few selected photos. That is where the services of an experienced attorney become crucial. He/she will gather the complete text history or conversation thread to show the court what the accuser or petitioner left out and why a restraining order is unnecessary in that situation.

Exposing the Accuser’s or Petitioner’s Participation

In several online harassment cases, the petitioner may also have actively participated in the messages or exchanges that he/she describes as harassment. Your attorney can screen through the petitioner's profile to obtain posts, provocations, or messages that can show the judge that the interaction you had with him/her was mutual, increasing your odds of securing a favorable outcome.

Frequently Asked Questions (FAQs) About Online Harassment and Restraining Orders

Below are common FAQs about online harassment and restraining orders that many people often ask:

1. Can Someone Secure a Protective Order Against Me Due to a Socia Media Post?

Yes, a person can petition the court for a restraining order against you based on your online conduct, including a social media post, if it counts as a credible threat or places the other person in reasonable fear for his/her safety.

2. Should I Delete or Deactivate My Social Media Profiles When Someone Serves Me With a Protective Order?

No, you do not have to delete or deactivate your social media profiles after being served with a restraining order because the court could consider that destroying evidence. When someone serves you with this legal order, you should preserve all your interactions on social media as they are.

Your attorney can rely on that evidence to build defense arguments to present at the restraining order hearing to increase your odds of securing a favorable outcome.

3. Does Posting Someone on My Social Page Count as Online Harassment?

Generally speaking, the First Amendment of the Constitution gives you the right to free speech and commentary, and posting opinions on your social media page is protected. However, repeated posts about another person or making certain posts could cross the line and lead to criminal allegations and a possible restraining order.

Find a Restraining Order Attorney Near Me

If someone has secured a restraining order against you based on your online messages, social media posts, or other digital communications, time is of the essence. The court will schedule a hearing to determine whether to grant the order. That is where the services of an attorney become vital to increase your chances of securing a favorable outcome.

Our credible attorneys at Goldman Flores Restraining Order Law Firm are here to help if you need legal assistance on a restraining order case. We invite you to call us at 213-341-4087 to schedule your first consultation, wherever you are in Los Angeles.