Can You Get A Restraining Order For Harassment

In the California legal system, a person can seek a civil harassment restraining order to forestall someone that he/she is non in a close relationship with from harassing, abusing, stalking, or threatening him or her. Examples of people "not in a close relationship" include neighbors, roommates, and non-dating friends. Restraining orders are as well referred to as protective orders under the law.

Civil harassment restraining orders ultimately protect a person from damage and threats of damage from someone else. A permanent society can remain in result for up to five years. A temporary restraining social club, though, normally only last for a few weeks.

These types of protective orders are often compared to domestic violence restraining orders. These differ from a ceremonious restraining society in that they protect people from someone they are in a close relationship with. Other types of restraining orders in California include:

• elderberry abuse or dependent adult abuse restraining orders, and
• workplace violence restraining orders.

Note that it is a law-breaking if a person violates the terms of a civil restraining club. The criminal offense is governed by Penal Code 273.6 and tin can lead to misdemeanor charges in most cases. This is opposed to:

• a California felony accuse, and
• a accuse of an infraction.

A violation of PC 273.6 is punishable by:

• custody in the canton jail for up to one year, and/or
• a maximum fine of $1,000.

Our California criminal defense attorneys will highlight the post-obit in this article:

• i. What is a civil harassment restraining order?
• 2. What tin the court social club practice?
• 3. How long does the society last?
• iv. Are at that place other types of restraining orders in California?
• 5. How does a person get i?
• 6. What happens if a person violates a civil harassment restraining society?

Civil harassment restraining orders ultimately protect a person from harm and threats of harm from someone else.

one. What is a civil harassment restraining society?

In general, a protective gild protects someone from threats and abuse past another party.

In more item, a person can ask for a civil harassment restraining club if:

1. he/she is being harassed, stalked, abused, or threatened by someone else, and
2. the person is non in a close relationship with that party.¹

Note that the party that is protected by these orders is known as the "protected person." The other party that is specified in the club (east.g., the abuser) is known as the "restrained person."

For the purposes of this lodge, a "shut relationship" means that two parties are:

• married,
• divorced,
• separated,
• domestic partners,
• dating or used to date,
• accept a child together,
• live together, or
• are family unit members or in-laws.^two

This means that those not in a close relationship are any two parties not in a relationship mentioned above. For instance, in a civil restraining society, a person tin seek to restrain a:

• neighbour,
• roommate,
• co-worker,
• friend, or
• afar family unit member (e.one thousand. an aunt/uncle, nephew/niece, or cousin).^three

California law defines "harassment" as any:

1. unlawful violence (e.g., an set on or sexual attack),
2. credible threats of violence (or, statements that would put a reasonable person in fright of himself/herself or an immediate family member), or
3. bear that annoys or harasses a protected political party.⁴

2. What can the court order do?

The language in a protective order typically prevents a restrained political party from doing certain acts in relation to a protected party.

For example, a restraining order may state that the restrained party cannot:

1. contact the protected party (either in-person contact or communication via phone, email, or regular mail),
2. visit or come up into shut contact with a protected party's child or family members, or
3. get virtually a protected party's place of work or school.⁵

The language of most restraining orders also prohibits a restrained person from owning, possessing, or buying a firearm for the duration of the gild.

A person that violates these prohibitions can face criminal charges per Penal Lawmaking 29825 PC.

3. How long does the order last?

A ceremonious harassment restraining social club can remain in result for up to five years from the court date or court hearing date upon which the order was issued.⁶

Some orders, like a temporary restraining order, or "TRO," (see Section 5), may last just a few months. Temporary orders are ordinarily granted prior to a permanent civil restraining order.⁷

Further, some restraining orders can last for only several days. For example, an emergency protective club, or "EPO," lasts up to seven days.

An EPO is a blazon of protective gild that a law enforcement officeholder and police officers can upshot when responding to a domestic violence call. They tin can issue the order if:

1. they believe a person requires immediate protection from another person, and
2. they contact a judge and get approving for the guild from the Superior Court of California.⁸

There are iv types of restraining orders in California.

iv. Are there other types of restraining orders in California?

In improver to ceremonious harassment restraining orders, in that location are three other types of protective orders in California.

These are:

1. domestic violence restraining orders,
2. elder or dependent adult corruption restraining orders, and
3. workplace violence restraining orders.

A person can ask for a domestic violence restraining order if:

1. the restrained party has abused the person, and
2. the person has a close relationship with the restrained party.⁹

A person tin can enquire for an elder abuse or dependent abuse restraining order if:

1. the person is 65 years of age or older (or is between xviii and 64 years of age with sure mental and physical disabilities), and
2. the person is a victim of abuse, neglect, concrete injury, or impecuniousness past a caregiver.¹⁰

A person can ask for a workplace violence restraining order if:

1. the person is an employer, and
2. the person wishes to protect an employee from a credible threat of violence, immediate danger, or corruption at the workplace.^xi

v. How does a person get one?

A person starts the process of getting a protective order by going to the California courts and completing the necessary courtroom forms. These include:

• restraining club forms,
• applicative judicial quango forms, and
• the CLETS-001 course, which contains confidential CLETS information.¹²

For questions on forms, interested parties can visit the court's clerk'due south part or a California court self-help eye.

Afterwards completing all requisite forms, the person files them with the courtroom clerk and has to pay courtroom fees, including a filing fee (unless a fee waiver applies).

A approximate then reviews the forms and decides whether or not to event a temporary restraining guild. If issued, the order will normally last for 21 days.¹³

Following the issuance of the TRO, the courtroom holds a courtroom hearing to decide whether or non it should effect a permanent restraining social club. Prior to this hearing, a "observe of courtroom hearing" must be given to the restrained party via a process server.¹⁴ "Proof of service," or "proof of personal service" in the court case must exist given to the court.

Evidence is presented at the hearing (e.g., police reports) by both the party seeking protection and the potential restrained person. The approximate will issue a permanent civil restraining social club if the evidence shows that the protected party deserves protection from the restrained party.

The order so remains in effect for five years.¹⁵

6. What happens if a person violates a civil harassment restraining order?

A person commits a offense under Penal Lawmaking 273.6 PC if he/she violates the terms of a restraining order.

A prosecutor must prove the post-obit to convict a person under this constabulary:

1. a court lawfully issued a protective order,¹⁶
2. the defendant had knowledge of the court society,
3. the defendant was able to follow the court order, and
4. the accused violated the court order on purpose.¹⁷

A violation of a protective lodge is charged as a misdemeanor in nigh cases.

The criminal offence is punishable by:

• imprisonment in the county jail for up to one twelvemonth, and/or
• a maximum fine of $1,000.^eighteen

Note though that this offense becomes a wobbler if:

• information technology is an defendant's second conviction for the offense, and
• the violation came with an human action of violence.¹⁹

A wobbler is a law-breaking that a prosecutor can charge as either:

• a misdemeanor, or
• a felony.

If charged as a felony, the offense is punishable by:

• custody in country prison for up to three years, and/or
• a maximum fine of $10,000.

For additional help…

Contact u.s. for help.

For additional guidance or to discuss your case with a criminal defense chaser, we invite you to contact u.s.a. at Shouse Constabulary Group. Nosotros provide complimentary consultations and legal advice that you can trust.

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Legal References:

Source: https://www.shouselaw.com/ca/defense/laws/california-restraining-order/civil-harassment/

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