California has laws that protect individuals from abuse and harassment. One key legal option for protection is the Civil Harassment Restraining Order (CHRO). We at Goldman Flores offer legal support to clients across Los Angeles in filing or contesting these restraining orders. Contact us today to speak with one of our restraining order attorneys.

An Overview of a Civil Harassment Restraining Order

A Civil Harassment Restraining Order is a court-issued order that protects individuals from threats, violence, stalking, or harassment.

The Code of Civil Procedure (CCP) Section 527.6. defines harassment as unlawful acts of violence, credible threats of violence, or an intentional series of actions aimed at someone else, causing them to feel alarmed, annoyed, or harassed without serving any real purpose. Harassment can also involve actions that create a serious and immediate risk of violence. Such actions can make a reasonable person feel unsafe or scared.

You can request a civil harassment restraining order (CHRO) if:

• Someone harasses, stalks, abuses, or threatens you
• You have no close relationship with that person

The individual who is protected by the order is called the “protected person,” while the person named in the order (the abuser) is referred to as the “restrained person.”

A “close relationship” includes situations where two people are:

• Married
• Separated
• Divorced
• Share a child
• Domestic partners,
• Live together
• Dating or dated in the past
• Are related by family or marriage

This means that those not in close relationships are any two people who do not fit into these categories. For instance, in a civil restraining order, someone can seek to restrain a:

• Neighbor
• Roommate
• Co-worker
• Distant family member (like an aunt, nephew, uncle, niece, or cousin)
• Friend

Elements That Could Warrant a Civil Harassment Restraining Order

Actions or behaviors that could lead to a civil harassment restraining order include:

Abuse, Including Emotional, Sexual, and Physical Abuse

Abuse might include the defendant physically attacking or hurting the victim (physical abuse), making the victim feel scared or threatened (emotional abuse), and engaging in nonconsensual or unwanted sexual actions (sexual abuse).

Emotional abuse can hurt the victim even if the abuser never lays a hand on them. The victim needs to inform the judge that emotional abuse is affecting their well-being, health, and feelings of safety.

Probable or Imminent Threats of Abuse

Threats of abuse cover situations where the threats are serious enough to cause lasting and reasonable fear in the alleged victim. They follow the “reasonable person” standard, meaning a sensible person would respond similarly to the threats. Threats of abuse can also include cases of criminal harassment, like stalking or making threats. Even if there is no physical contact between the defendant and the victim, these actions are still serious enough to warrant a civil harassment restraining order.

Ongoing and Serious Harassment

Harassment involves repeated actions that happen at least twice and show a continuous pattern of abusive behavior. Judges must consider this when deciding to issue a civil harassment restraining order.

For the court to label an act as civil harassment and to obtain a civil harassment restraining order, the abuser must be someone the victim has not been in a romantic relationship with or does not have a close family tie to. If the abuser is a romantic partner or a close family member, such as a parent or sibling, it falls under domestic violence, necessitating a domestic violence restraining order.

Different Types of CHROs

In California, there are four types of Civil Harassment Restraining Orders available through the courts. These are:

1. Emergency Protective Order

California law allows a law officer to ask for an emergency restraining order if they believe that someone needs protection from immediate threats of violence. A police officer can ask for an Emergency Protective Order (EPO) when a crime victim calls 911 or the authorities for help. The officer completes an EPO application form and contacts a judge to check the application. A judge is available at any time of day to approve these emergency orders.

An Emergency Protective Order takes effect right away and lasts for one week (5 business days or 7 calendar days). In civil harassment cases, an EPO can only be issued in situations involving stalking.

The EPO aims to safeguard the victim while they seek a temporary restraining order from the court.

2. Temporary Restraining Orders (TROs)

To seek legal assistance for civil harassment, fill out forms describing your case and explain why you need the court’s help. The judge will review your case and may give you a temporary restraining order. TRO can last up to 3 weeks or until your hearing takes place.

You have the option to apply for a TRO:

• If your emergency protective order (EPO) is no longer valid
• If you are facing any type of harassment or abuse

3. Permanent Restraining Order (PRO)

Usually, the court will schedule a hearing before a Temporary Restraining Order (TRO) expires. You and the accused person will both attend the hearing to determine if a permanent restraining order (PRO) is necessary. If the presiding judge approves your PRO, it can last between three to five years. If you fail to attend the court hearing, the court will dismiss the case.

If the other person does not appear in court, the judge might set a new date for the hearing. During the hearing, you will need to clearly explain and provide evidence for why you need a restraining order.

Before making a decision, a judge will hear from both parties. They will consider:

• If the order is necessary
• The length of time the order will be in effect
• The restrictions to apply to the restraining order

4. Order of Protection

When there are serious cases of harassment or violence, the court issues an order of protection to protect victims from an offender. The District Attorney charges the offender with the offense, and the order stays in effect during the legal process. If the offender is guilty or admits to the crime, the order lasts three years after the case ends.

How To Acquire Civil Harassment Restraining Orders

You can start securing a protective order by going to the courts and completing the needed court forms. These forms will help you through the application process. They include:

• The Confidential Information for Law Enforcement (CLETS-001) form provides law enforcement details to assist them in executing a restraining/protective order
• Relevant judicial council documents
• Protective order forms

If you have questions about the forms, visit the clerk’s office or a California court self-help center. Once you complete all the required forms, you should:

• Submit the paperwork to the court’s clerk
• Pay court fees, which include a filing fee, unless you qualify for a fee waiver

The judge will then evaluate the documents and determine if they will issue a TRO. If the court grants the TRO, it usually lasts 21 days. Once the TRO is active, the court will schedule a hearing to decide on a permanent protective order. A process server will serve the defendant with a notification of a court hearing beforehand. The court requires “proof of personal service” or “proof of service” for the case.

During the hearing, both parties will present evidence, including police reports. If the evidence indicates that the protected individual needs protection from the other party, the court will issue a permanent restraining order.

What Proof Do I Need to Secure a CHRO?

The court requires solid proof to grant a PRO compared to a temporary restraining order (TRO). For a TRO, just “reasonable proof” or sworn statements from the individuals involved are enough to accuse the defendant of abuse or harassment. For permanent restraining orders (PROs), the victim must show “clear and compelling” evidence to support their claims. The evidence includes:

Photographs

The evidence might show the defendant hanging around the victim’s home or workplace. In California, it is legal and common for victims with the means to hire private investigators to collect photos of the defendant to demonstrate stalking. Stalking cases are the most frequent reason for civil harassment restraining orders, and if the victim can prove it, the judge will likely issue a restraining/protective order.

Emails, Voice Recordings, and Written Notes

Such proof can show that the accused scared the victim, causing them fear or anxiety.

Police Reports and Medical Records

Document any harassment or abuse you face. These records can help a lawyer build a solid case for or against a protective order.

What To Expect If Abusers Violate Civil Harassment Restraining Orders

According to California Penal Code (PC) 273.6, a violation occurs when someone ignores the conditions of a protective order. The prosecutor should demonstrate specific elements to secure a conviction.

These elements include:

• A court issued a legal restraining order
• The defendant knew about the protective order
• The defendant was able to follow the order
• The accused deliberately broke the CHRO

In most situations, violating a protective order is a misdemeanor. The penalties for this offense may involve:

• Facing up to a year in jail
• A fine not exceeding $1,000

Violating a civil harassment restraining order can be a wobbler if it is the accused’s second conviction, especially if the violation involves violence. A wobbler is a crime that prosecutors can charge as a felony or a misdemeanor.

If the charge is a felony, the penalties include:

• Up to three years in prison
• A fine not exceeding $10,000

What To Expect If a Defendant Owns a Firearm

A defendant cannot own, possess, or purchase a gun or ammunition. If they have a gun, they must turn it in to the police or sell it to a licensed dealer within 24 hours of the order. Keeping the firearm or ammunition after the order can lead to a charge, which may result in:

• Up to a year in jail,
• A fine of up to $1,000,
• Or both

Protections in Civil Harassment Restraining Orders

A temporary ex parte order or an order that follows a hearing can perform any of these functions:

• Stop the harasser from bothering, threatening, or attacking you in any way, including making annoying phone calls
• Prevent the harasser from damaging your belongings or disrupting your peace
• Make sure the harasser cannot reach you, whether directly or through mail
• Require the abuser to keep a certain distance from you
• Grant you complete control and custody of any pet you own or that lives with you
• Ensure the harasser stays away from your pet and does not harm or take it
• If you win the case, the harasser should pay your court and lawyer fees

If the judge finds your reasons compelling, you may have the chance to add other family or household members as protected parties in your restraining order.

Denial of a California Protective Order Application

A judge can reject a request for a protective order if there is not enough evidence to support it. When applying for a protective order, you must provide solid proof for a CHRO or more evidence than not for a domestic violence order (DVRO). If a judge believes the evidence does not justify a restraining order, they can deny the request. If the person requesting the order does not show up for the hearing about a permanent restraining order (PRO), the court could throw out the case.

Factors a Judge Considers When Deciding To Change a Temporary CHRO into an Order After the Hearing

The court will schedule a hearing 21 to 25 days after it issues a temporary restraining order. The hearing determines whether the court should extend the order. Respondents can request one continuance for more time to respond to the petition. Either side can request a continuance for the hearing, and the judge may approve it for a valid reason.

At the hearing, the harasser can respond to your claims for the temporary restraining order. They can explain, reject, disagree with, or back the harassment. The judge will look at all the evidence to see if the harassment took place. If the court finds it did, they will give a final order called an “order after hearing.”

Cost of Obtaining a Civil Harassment Restraining Order

If you file for a civil harassment restraining order against a person who threatened, stalked, or did anything that caused you to fear for your safety, you do not have to pay any fees for serving or filing the order or subpoena. You also will not have to pay to reply to a petition about these actions. In other cases, you might need to pay any fees unless you are eligible for a waiver.

How a Defendant Learns About a Civil Harassment Restraining Order Against Them

You need to serve the harasser a copy of the petition, any temporary restraining order, and a notice about the hearing. This hearing is where the court will decide if you obtain a civil harassment restraining order.

Your harasser must receive these documents within 5 days before the court hearing unless the court allows a shorter time. You can have anyone above 18 who is not involved in your case serve these documents, including friends, family, the police, or a process server.

If you have not been able to serve the harasser directly and suspect they are dodging service or are hard to find, the court can approve an alternative way of service that should notify the defendant.

Possible Defenses For Violating a Civil Harassment Restraining Order

Defending against a violation of a restraining order can be difficult. If you face charges for violating a CHRO, you should seek help from an experienced criminal defense attorney as soon as you can.

A reliable lawyer can apply their understanding of criminal law to fight for your rights in court and work to reduce or remove serious penalties, including jail time and the chance of the restraining order being extended. Consider these possible defenses for your case:

1. You Had No Intention of Violating the Civil Harassment Restraining Order

 In certain situations, your lawyer may argue that you did not mean to violate the restraining order. For this argument to succeed, you must prove that you were not aware of the restraining order when the violation happened and that you had no intention of breaking it. In short, you need to show that you believe the restraining order permitted your actions.

Criminal defense lawyers usually present evidence like witness statements, documents, and other important details to prove that defendants were unaware of the restraining order. If the prosecution’s evidence has any mistakes or contradictions, it can help show that the defendant did not intend to break the law.

2. Negotiating Plea Deals

A criminal defense attorney may also work with prosecutors to reduce charges for their client if they agree to plead guilty or no contest before going to trial. This way, defendants can avoid harsh penalties while still being responsible for their actions and showing remorse through community service or restitution.

3. Inadequate Evidence

If you were aware of the restraining order but broke it anyway, your lawyer might claim that there is not enough proof connecting you to the violation. Suppose the prosecution’s evidence has any mistakes or contradictions, like witness statements. In that case, your lawyer can use these issues to question parts of the case and possibly lessen or drop the charges.

4. You Were Not Aware of the Civil Harassment Restraining Order

If you did not know about the restraining order, it can serve as a defense. You must demonstrate that you had no reasonable way to learn about the civil harassment restraining order or what it included.

5. Failure to Comply

There could be situations that make it difficult for you to follow a restraining order. In this case, it might happen if you were not aware that the protected person was nearby in a public setting.

6. False Claims

Occasionally, claims of violating a restraining order are not true. Demonstrating that the accusation was false or exaggerated can serve as a good defense in your case.

7. The Civil Harassment Restraining Order was Illegal

Another possible legal defense is to challenge the legitimacy of the civil harassment restraining order. You would need to show that it was not issued according to the required legal rules.

Requesting  An Extension For a Final Civil Harassment Restraining Order Beyond Five Years

You can request to extend a civil harassment restraining order even if there has been no new harassment since it was first issued. You can apply for a renewal anytime in the three months before the order ends, extending it for another five years. You must file a new petition to do this, and the judge will decide on the extension.

Effect of a Protection Order In Background Checks and Online Searches

Federal law applies to all states, territories, and tribal lands, and it prohibits courts from making any information available online that could disclose your identity or location. It includes:

• The documents you file
• The protection or restraining order issued by the court, and
• An order registration from another state.

The Difference Between Criminal Versus Civil Harassment Restraining Orders

Most protective orders are obtained through civil court, where the victim files for a civil restraining order. In contrast, criminal protective orders are linked to a criminal case. These orders are not requested by the victim but by prosecutors representing the victim. Criminal protective orders often include no-contact provisions and usually remain in effect for the length of the criminal case until sentencing, release, or the end of probation.

Find a Restraining Order Lawyer Near Me

While individuals can choose to represent themselves in CHRO cases, failing to secure a CHRO or not defending themselves correctly can result in serious consequences. For example, if you fail to secure a CHRO against a represented party, the court would require you to pay the other party’s legal costs. To secure the CHRO and its protections, it is advisable to have a skilled lawyer present your case to the judge.

If you or someone you know needs help with civil harassment restraining orders, Goldman Flores is here. Our team assists clients across Los Angeles, CA, in obtaining and challenging restraining orders. We can represent you in either situation. Contact us at 213-341-4087 to set up an appointment today.