California statutes protect individuals from harassment or abuse through restraining orders (ROs). These legal tools take various forms, and protective order attorneys understand them, including civil harassment ROs. The consequences of these decrees are life-changing, so if you believe your civil harassment RO is unjustified, you should contest it with the assistance of an attorney. Here is what you need to know about contesting this type of RO and why you require legal assistance.

Harassment Legal Definition

Per California Code of Civil Procedure (CCP) 527.6, civil harassment refers to:

• Illegal violence, including battery or assault

• Credible violence threats or statements that make a person fear for their safety or that of immediate family

• Behavior that annoys or harasses a person the Code deems as vulnerable

The severity of the unlawful violence is contingent on the nature of your crime and the likelihood the victim will sustain substantial bodily harm. However, illegal violence exempts violence inflicted during self-defense or defense of others. Using violence in defense is legally deemed as mutual combat where you feel in good faith the need to reasonably use force or violence to communicate to the other party to halt the fighting or the fight.

Similarly, civil harassment includes behavior that places another person under credible, imminent, or possible risk of violence. This means conduct that causes an ordinary or sober individual to feel their safety is threatened. An excellent example of this behavior is stalking. Even though the conduct is criminal, a victim can seek this RO in the superior court without formally filing criminal charges against the accused. The regional prosecutor will be the party that decides whether to file charges.

Also, harassment must involve conduct that annoys or makes the victim fear for their well-being. Threats can be conveyed verbally, electronically, or in writing. However, the judge focuses more on the victim’s reaction and the fear the threat causes than on the communication medium. Besides, the court does not require the accused to justify their conduct.

Stalking is the most prevalent type of harassment, defined as unwanted or unpleasant physical proximity or visual contact. Simply put, it means the harasser frequents the victim’s workplace, home, or school to initiate undesirable physical proximity or visual contact. Stalking can be for sexual satisfaction or to threaten the victim.

Stalking victims or their family members also experience undesired communication attempts that are persistent and with no foreseeable end. The communication threatens the victim’s safety and fights the broader category of harassment as it causes the target to fear for their safety constantly.

Civil Harassment ROs at a Glance

Protective or restraining injunctions are legal tools the law uses to prevent threats or abuse. These tools are in place because the court deems victims of abuse or those susceptible to the same as vulnerable, hence the need to protect them through protective orders. Civil harassment protective orders are issued by the court when a victim alleges harassment, abuse, threats, or stalking from someone they are not closely or intimately related to, like a neighbor, acquaintance, or roommate. The injunction differs from a domestic violence protective order that prevents harassment or abuse of a person by their intimate partner or immediate family.

It can have severe repercussions if the court issues an RO against you. Even though you have a close relationship with the plaintiff, the order will bar you from contacting or being within 300 meters of the victim. Some of these conditions imposed by the court are difficult to comply with and increase the risk of violation. Bleaching the RO terms results in charges and legal penalties, including payment of hefty fines and jail incarceration.

With these conditions and condition violation ramifications, you should find a competent RO attorney to help you challenge the court orders.

Events Leading to Civil Harassment Interim ROs

Civil harassment POs differ from elder abuse and on-the-job violence stay-away orders as the victim requests the court order barring the defendant from making any contact with the victim. In other ROs, the officer responding to the allegations requests a court commissioner or judge to issue a temporary restraining order (TRO) if they believe the victim is in imminent danger of harm.

The victim or any other party can request local California Superior Court injunctions. Each county has a judge whose primary mandate is to evaluate RO requests and approve them. Therefore, the applicants' requests for orders are usually approved on the same day.

You should know that it is easy for a person to obtain a TRO for civil harassment against you because the evidence standard for issuing these orders is minimal. The victim only provides reasonable proof that you harassed or threatened them. Word of mouth alone is not enough, so the judge requires them to make a sworn declaration on the harassment or abuse claims they are making. That way, when the allegations are false, the victim can face perjury charges.

The victim will have a solid case against you if they can demonstrate that the emotional, physical, or sexual abuse is consistent and that there is a pattern of abuse. If this element is present in the case, the judge will deem it necessary to prevent the continuation of the behavior by issuing a TRO. Issuing the orders also prevents the abuse from escalating.

Only victims 18 or older can petition for civil harassment TROs. Minors younger than 18 living with the alleged victim are automatically protected by the law when their parents obtain the orders, as the court deems them vulnerable.

The court grants most of these cases despite the evidentiary standard of reasonable proof. The TROs last thirty days, and the victim should request a permanent restraining order (PRO). Many civil harassment accusations typically turn into serious crimes. Therefore, the court considers the victim's safety against disrupting your life and denting your reputation.

The benefit of issuing PROs is that the court does not issue them without giving you, the defendant, the opportunity to defend yourself against the accusations. Therefore, when the accuser submits their evidence, you can counter them by sharing your story. So, unlike a TRO for civil harassment, which you cannot prevent as it is issued without you presenting your side of the story, you can avoid a PRO. PROs last for 60 months, so you should take the case seriously and hire an RO defense attorney to help you argue against the issuance of the injunctions.

Issuance of Civil Harassment PROs

The evidentiary standard for issuance of PROs is exceptionally high. The accuser must prove their accusations with compelling and clear proof. The evidence they require includes:

Emails, Recordings, and Messages

The accuser will use text messages and emails to prove that you threatened or harassed them. Besides, if there is proof or dangerous threats in the recording, the judge will likely rule in the accuser’s favor. Nevertheless, you can challenge the admissibility of particular recordings if they were made without your approval. The law prohibits the recording of information without the approval of all parties. Therefore, you can identify recordings made without your consent and request the court to throw them out of the case. With weak evidence, the judge will not impose a PRO.

Photographic Evidence

The claimant can also present evidence in photos showing you lurking around their property or workplace. Many people who suspect they are being stalked normally retain the services of a private investigator. Therefore, when they seek civil harassment PROs, they have sufficient evidence, including photographs, to prove their case.

Keeping records of police reports or medical records can also help a victim compel evidence to obtain a PRO. Police reports can help demonstrate a continuous abuse pattern, while medical records can help prove the abuse or assault.

Several behavior patterns can convince the judge to grant an RO against you. The judge grants an RO if there is proof of physical injuries that demonstrate the victim has been battered or assaulted. Proof of threats or intimidation helps the judge establish emotional abuse, while it is proven when the victim provides evidence that you, the accused, initiated nonconsensual sexual contact. You should know that the abuse does not need to be criminal for the victim to obtain a civil harassment RO, as the issue is civil and handled in a civil court. You do not have to make physical contact with the victim for there to be emotional abuse. Making statements that scare or worry the victim, affecting their health and safety, is sufficient to convince a judge to impose an RO.

Another element the accuser must prove is that they are in imminent danger or threat of harassment or abuse. The threats you make to the victim must be sufficient to cause the victim reasonable fear and that a sober person under the same circumstances would have felt or reacted the same way. The element is usually present in stalking or criminal threat cases where the accuser has not made any physical contact with the victim, but their behavior pattern triggers reasonable fear. Under these circumstances, a civil harassment RO can be issued against you.

Similarly, the harassment should be consistent and severe. The accuser should show the judge that there is a behavioral pattern.

The final element that the claimant should prove is that the person who engaged in the above conduct was not an immediate family member, intimate, or dating partner. Therefore, you cannot be a defendant in a civil harassment case if you are closely related to the accuser, as follows:

• Married

• Legally separated

• Domestic partner

• Cohabitant

• Dating or ex-dating partner

• Biological parent to the victim’s child

• An immediate family member of the accuser

A person not in a close relationship with the accuser is a friend, colleague, neighbor, or distant relative like a nephew or cousin.

If these elements are present in the accuser’s case, the judge will issue an RO against you. Thankfully, you should know that you can still challenge the case and prevent the issuance of the orders. Nevertheless, you require the help of an attorney with knowledge of ROs to contest them successfully. Even if the defense is unsuccessful, the attorney can still appeal the judge’s decision.

Conduct That Civil Harassment Restraining Order Prohibits

California harassment statutes were explicitly designed to safeguard victims. The civil court imposes strict stay-away conditions on the defendant to prevent the conduct. When you, the defendant, disregard these conditions, you risk criminal charges for RO violation under PEN 273.6. The offense is a wobbler, meaning the prosecutor can file the count as a felony or misdemeanor, with a felony conviction attracting at most 36 months of prison incarceration.

The civil harassment protective injunction, therefore, acts as a warning to those who intend to harass others. The overall goal of the law's drafters was to protect victims. Stalking changed the kind of stay-away order conditions the judge imposed. The most common condition is avoiding contact with the claimant, even if the contact does not involve harassment.

The civil court will instruct you to avoid the accuser and places they frequent, including the workplace or school. If you share a school or place of work with the accuser, the court will limit the distance you should maintain from the claimant. Additionally, when the orders are in effect, you cannot own or possess a gun. If you already have one, you should temporarily transfer ownership, take it to the police, or keep it away until the RO expires. The judge can even instruct you to enroll in a counseling program to deter abusive conduct in the future.

Furthermore, an RO will severely dent your reputation, hindering your capacity to secure a job, obtain a professional permit, or lease an apartment.

These conditions by the civil court can make your life difficult. The worst part is that the court can issue the orders even when you have been falsely accused of harassment. Luckily, you can challenge the RO in court with the help of an attorney to have it lifted and allow you to resume your life.

The Process of Contesting Civil Harassment ROs

Being served a civil harassment RO can be stressful. However, you must soberly react to the order to avoid more legal problems. Restraining orders are not final because you can challenge them. For the civil harassment TRO, there is little you can do about it because the judge does not require your input on the matter to issue it. However, for a PRO, you can respond to and challenge the allegations leading to the order, mainly if you believe they are false or unjustified. The steps for challenging the orders are:

1. Understanding the RO

After being served with an RO, the first step is to read the document and understand the accusations you face carefully. The paperwork usually contains the type of allegation against you and the restrictions it imposes to safeguard the accuser. Understanding the RO is essential for preparing defenses and helps prevent an RO violation that could lead to criminal charges and severe penalties.

2. Contact an Experienced RO Defense Attorney

A protective order lawyer is critical in challenging civil harassment ROs. Therefore, when you are served, consult with an attorney knowledgeable about protective orders. The lawyer will explain your rights, help you file a response, collect evidence, and represent you in court. With a lawyer by your side, you are sure that you will follow the proper procedures to contest the RO for a favorable outcome.

3. Evidence Collection

Once a lawyer evaluates your case, they will know the evidence you require to contest the application for a PRO. Fighting civil harassment ROs is more about disapproving the accuser’s allegation and poking holes into their evidence. Because most of their evidence is in emails, text messages, conversation recordings, and witness statements, you will require the same evidence to contest their assertions.

Your lawyer will collect statements from witnesses who act as your alibi, attest to your character, or testify in your favor. Additionally, the attorney will find electronic evidence from emails, messages, or social media posts contradicting the claimant’s assertions. Photos and surveillance footage can also help paint a clear picture of the actual events and demonstrate that the claimant falsely accuses you of harassment. Your lawyer will also find documents disapproving of the claimant’s allegations, like police reports and medical records.

4. File an Answer

Civil harassment TROs usually last until the date of a court proceeding that determines if a PRO is necessary. Therefore, you should respond before this date. You do this by filling out CH-120. Your lawyer knows how to complete the form, so they will do it for you to prevent mistakes. The attorney then files an answer accompanied by proof of response, the CH-250 Form. Your lawyer should mail a copy of the answer to the claimant and submit the original to the court handling the hearing. The answer should reach the court before the hearing; otherwise, they will issue a PRO against you.

5. Prepare For and Attend the Court Proceeding

Before the hearing, familiarize yourself with your allegations and response details. Also, rehearse your testimony and review all the evidence with your lawyer.

In the hearing, you and the accuser will have the chance to present your cases. Remain calm and respectful throughout; tell the truth and shine a light on the inconsistencies of the petitioner’s proof.

After you have presented your arguments, the judge will have the final say.

Legal Defenses for Civil Harassment ROs

In the court hearing, your lawyer will present bespoke defense strategies. One common defense the lawyer will use is arguing that the accusations are exaggerated or false. The attorney will back the argument with proof that the petitioner is using the RO to retaliate, for revenge, or due to jealousy.

Similarly, the attorney can argue that the petitioner has not presented any solid or credible evidence that warrants the issuance of an RO against you. The lawyer will point out that some of the recordings used in the case were obtained without your consent and, therefore, inadmissible in court.

Lastly, the lawyer can argue that the imposition of an RO will impede your constitutional rights as it will prevent you from going to work or visiting particular places. The argument can compel the court to adjust restrictions or lift the order entirely.

Defense strategies vary based on your case’s circumstances. Therefore, hire an RO lawyer on time to evaluate your case and the circumstances, which will craft the best defense strategies for a fair outcome.

Reasons for Hiring an RO Lawyer

Lawyering up after being served with a protective order is beneficial because:

• The attorney will explain your allegations and rights

• A lawyer will help you collect relevant evidence to challenge the accusations

• A lawyer will represent you in court

• An attorney will negotiate with the judge for more favorable or lenient RO terms

The restraining order laws keep changing, with the most recent changes being in 2022. The changes extended TRO days from 30 to 45 and imposed severe penalties for protective order violations. These changes can affect your case, so staying informed is crucial. However, you will barely keep up with these changes unless you are a family or criminal lawyer. Hiring an experienced RO lawyer is essential because they are updated with these changes and will explain them to you and how they affect your case.

Find a Proficient Los Angeles Restraining Order Lawyer Near Me

You will likely feel betrayed and overwhelmed when you are served with a civil harassment RO, primarily if it is based on false accusations. Usually, the TRO comes before the hearing for the PRO. Therefore, you should prepare adequately for the hearing, understand the legal procedure, and prepare defenses to fight a PRO in California successfully. At the Goldman Flores Restraining Order Law Firm, we know the consequences of ROs, which is why we are here to help you challenge them. Our lawyers will gather evidence and present compelling evidence for a fair verdict. Call us at 213-341-4087 for a case discussion and to prepare for the hearing.