San Diego Civil Harassment Order

California residents have certain legal protections that enable them to go about their lives without fear of abuse or harassment. These protections are most often accomplished through the use of a restraining order. A civil harassment restraining order is issued against someone you are not intimately related to or have never been in an intimate relationship with, such as a colleague, neighbor, or landlord.

If you need help filing a civil harassment restraining order or challenging an order filed against you, contact us at the Law Offices of Anna R. Yum. Our San Diego restraining order attorneys have extensive experience with all kinds of restraining orders, including civil harassment restraining orders.

What is a Civil Harassment Restraining Order (CHRO)?

People who have experienced abuse or who may experience abuse in the future are viewed as vulnerable groups and are protected under both the state’s civil and criminal courts. A popular approach in civil processes that addresses the abuse involves allowing an individual (the victim) to request the court to issue a restraining order that protects them from their abuser. California recognizes four restraining orders; the most prevalent and widely used is the civil harassment restraining order.

Victims seek a CHRO if they have become the subject of harassment or abuse from an individual who isn’t closely involved with or related to, for example, their next-door neighbor or friend. It could also be necessary to seek the safety of a CHRO from a stranger or a person who is completely unfamiliar with the victim. Domestic violence restraining orders (DVROs) protect the victims from a romantic partner or an immediate relative, while civil harassment encompasses all forms of abuse and harassment.

Some examples of actions that could lead to a civil harassment restraining order being issued are:

1. Any Form of Emotional, Sexual, or Physical Abuse

This might include cases where the defendant assaults or batters the victim (this is defined as physical abuse), intimidates and threatens the victim (this is known as emotional abuse), or initiates inappropriate and nonconsensual bodily contact. Since a CHRO is handled as a civil matter (as are all restraining orders under California law), not every form of abuse should be considered criminal.

When it comes to emotional harassment, the victim only needs to state before the court that the act genuinely frightens and annoys them to the point where it compromises their feelings of safety and well-being. The offender does not necessarily need to touch the victim physically.

2. Probable or Imminent Threats of Abuse

This involves any cases in which threats of abuse are sufficiently believable to make the victim fearful. This provision follows the general idea of the “sensible person” assessment, which in civil law indicates that any rational individual with sound reasoning would have responded similarly to the acts.

This may also encompass cases of criminal harassment, such as stalking or issuing criminal threats. Although none of these offenses results in the actual contact between the victim and offender, they are significant enough to be grounds for a civil harassment restraining order.

3. Severe And Continuous Abuse

In this context, harassing another person is characterized by its recurrent nature, when the disruptive conduct happens at least twice and involves an established pattern of conduct. One of the most important grounds for a judge to consider when obtaining a civil harassment restraining order is the existence of a consistent pattern of conduct.

In addition, for (i) to (iii) to be considered as civil harassment and warrant a civil harassment restraining order, the act of harassment should have been perpetrated by someone with whom the victim hadn’t been dating or had an immediate family relationship. Suppose the act was perpetrated by a romantic partner (for example, a lover, partner, or spouse) or a close relative (including a sibling or parent). In that case, it is considered a form of domestic violence that requires a domestic violence restraining order.

Thus, it would be considered civil harassment if an acquaintance, roommate, or coworker perpetrated the abuse. Also, suppose the harassment or abuse is perpetrated by a relative at least twice, like an uncle, aunt, nephew, niece, or cousin. In that case, it is classified as civil harassment rather than domestic violence.

An Overview of Harassment under the California Code of Civil Procedure

Section 527.6 of the California Code of Civil Procedure (CCP) outlines the precise legal description of “harassment” regarding civil harassment. Under this law, harassment refers to any criminal violence, including assault or battery.

The severity of this violence is determined by the specifics of the offense and the degree to which it inflicted or had the potential to inflict serious bodily harm. This excludes any violence perpetrated in self-defense, otherwise referred to as “mutual combat” under California law, in which one party makes an honest attempt to stop the fight or establish a means for ending it.

Harassment involves any conduct that puts others in a significant, credible, and immediate risk of violence. The act can make any reasonable individual feel anxious for their safety and well-being.

Some instances of this kind of conduct include making criminal threats or stalking, which are considered types of harassment that merit criminal prosecution.

However, in the case of a CHRO, an individual may apply for one without starting any criminal processes simply by requesting one from the county superior courts (or in the county court where the violation happened). The District Attorney decides if it is appropriate to bring charges.

In addition, these types of violence or threatening acts only need to frustrate, terrify, or negatively compromise the victim’s safety to merit a CHRO potentially. This threatening act can be conveyed vocally, in writing, or electronically. It could include phone conversations, text messages, emails, fax messages, instant messages, and even hand signals and gestures.

The victim’s reaction to the act and the ensuing feeling of fear should be the sole distinguishing factor in supporting a restraining order. Additionally, the criminal conduct must have no reasonable justification.

Finally, stalking is among the most prevalent forms of harassment. Stalking is a series of activities characterized mostly by unwelcome physical proximity or visual contact. This means the perpetrator repeatedly visits the victim’s home, workplace, or school to make unwelcome physical proximity or visual contact.

Stalking, in its entirety, involves behavior that is frightening or threatening to the victim, in addition to an element that provides the defendant with a sense of sexual enjoyment. It is typically thought to serve as a forerunner to more severe crimes such as sexual assault or physical assault.

The victim (and probably their family) could also face an onslaught of unsolicited communication initiatives, which might occur repeatedly and with no resolution in sight.

This avalanche of communication is nearly always menacing in its very nature, and it forms part of a larger and more thorough range of harassing behavior that forces the victim to remain in constant worry for their own and their family members’ safety.

It could also include “cyberstalking,” in which the victim endures harassment through the internet and on their social media profiles. As a consequence of this, the victim is subjected to a cycle of intimidation that is all-encompassing and practically hard for them to get away from without the judicial system providing them with protection.

Types of Actions Prohibited By A Civil Harassment Restraining Order

California’s harassment statute (CCP Section 527.6) aims to protect harassment victims. It requires the offender to follow a stringent set of directions issued by the presiding court to prevent harassing or abusive acts.

If the offender fails to follow these directives, criminal charges of infringing a protective or restraining order (as outlined in California PEN § 273.6) are filed against them. The District Attorney will evaluate whether the offense is a felony or a misdemeanor, and when charged as a felony, the maximum jail penalty is three years.

A civil harassment restraining order is a stern reminder to potential offenders to follow the court’s orders or risk significant repercussions. The order was drafted with the victim’s general safety in mind, yet the act of stalking has considerably influenced the standard limitations that judges add to it.

It can encompass a variety of acts. The most common is preventing the defendant from contacting the victim or family. This includes threatening or abusive messages and all forms of interaction.

This also implies that the court would most likely require the accused to avoid any location where the victim could potentially be to do their usual business. This encompasses where they live, work, attend school, and the victim’s family members’ homes, workplaces, and schools.

The court can also order the accused to maintain a specified distance from the victim, like 300 feet. Moreover, the accused will not be allowed to purchase or possess any firearms during the term of the protective order. If they have one, they will need to dispose of it or give temporary possession to another party to store it.

The most suitable course of action is to seek a CHRO as a general deterrent to disrupt unusual and maybe illegal behavior. A judge has significant leeway in structuring and implementing the specific terms of each restraining order, which is the most important factor in its implementation.

The court might even require the accused to take specific counseling or classes to prevent future illegal or abusive conduct. Judges frequently grant temporary restraining orders (TROs) quickly. Therefore, it is advisable for any defendant who receives one to seek legal counsel to appeal the order successfully.

Considerations for Temporary Restraining Orders in Civil Harassment Cases

Civil harassment restraining orders differ from workplace violence and elder abuse protective orders in that the offended party (victim) seeks the order. They must submit the necessary paperwork to the county superior court to petition the judge for a temporary restraining order, commonly known as a TRO.

Any person can present the court documents necessary for a California TRO. Most Californian courts handle (and typically grant) TRO requests on the same day they are submitted. Each county has a judge whose sole duty is to review all restraining order petitions filed on that particular day.

For a CHRO to be granted, very little evidence must be shown. The legal phrase used is “reasonable proof.” In this case, the victim has to make a sworn declaration (which means that if they fabricate information, they will be charged with perjury) about the abuse and harassment they are experiencing.

The presiding judge will demand sworn statements regarding any kind of abuse—emotional, sexual, or physical—that is taking place, all of which must be provided under the penalty of perjury. The petition works well when the victim states clearly that the harassment or abusive behavior is a pattern that does not seem to be changing and could even be growing worse. Almost all kinds of harassment or threats escalate into full-fledged assaults at some point.

If an adult has a minor under their supervision, like a legal guardian with a child, any CHRO will shield them as vulnerable people. However, anybody over 18 years old can apply for their CHRO. In California courts, most CHROs are granted, even though “reasonable proof” is the least amount of proof required in a court case. This is because TROs are, by definition, time-limited.

The period before a Permanent Restraining Order (PRO) hearing is held is at least thirty (30) days. In addition, cases of civil harassment usually escalate into more serious offenses, and most judges weigh the victim’s safety against the offender’s reputation and way of life.

During a PRO hearing, which is typically more impartial, both sides can argue in favor of and against the protective order. A defendant can use a PRO hearing to claim a TRO should not be made permanent. However, there is no legal basis for them to stop an order from being brought against them. If the court does decide to impose a PRO, the maximum possible term is five years.

Evidence Required To Obtain Permanent Restraining Orders In Civil Harassment Cases

For the court to grant a PRO, the standard of proof is significantly higher. In contrast to a TRO, which only needs “reasonable proof” or sworn declarations from all parties alleging harassment and abusive behavior from the accused party, a PRO is imposed upon the victim, who must present “clear and convincing” facts to support their claims.

This can involve several kinds of proof but typically consists of the following:

Written Messages, Recordings, and Emails

These can be used to demonstrate that the accused person intimidated the target in writing by making them feel uncomfortable and/or abused. When a threat or intimidating remark is made through recordings or in writing, in any medium, the matter is promptly resolved in the alleged victim’s favor.

However, the state requires permission from both parties before recording a conversation. Therefore, any evidence that is wrongfully obtained is not acceptable.

Police Reports and Medical Records

It is vital to keep a record of any harassment and abusive contact between the offender and the victim. This can help a lawyer construct a compelling case in favor of or against a PRO imposition.

Photographs

These could depict the accused person stalking the victim’s home or workplace. It is legal, and fairly frequent in California, for individuals with the means to engage private detectives to collect photographic proof of the accused to demonstrate that they were harassing the victim.

Cases involving stalking are by far the most prevalent with civil harassment restraining orders, and if confirmed, the court will promptly issue a PRO.

Legal Consequences for Violating Civil Harassment Restraining Orders

California law has severe penalties for individuals who violate civil harassment restraining orders. If you are convicted of violating an order for the first time, it is a misdemeanor crime punishable by no more than twelve months in jail and a $1,000 fine.

It qualifies as a wobbler if this is a second violation or involves violence. This means that the prosecutor can press charges for a felony or misdemeanor crime. If you are found guilty of a felony, you could be sentenced to 3 years and a $10,000 fine. If you ever find yourself the target of a restraining order, you should consider contacting a skilled California criminal defense lawyer.

Defenses to Civil Harassment Restraining Order Charges

Your lawyer can raise several legal arguments against claims of breaking your CHRO.

Lack of Intention

You will not be charged with committing an offense if you did not intend to violate the CHRO. For example, you might unintentionally run across an individual under protection at a social or public event. Moreover, you should not reply or accept an appointment if the individual contacts you. Only a court has the authority to lift the conditions of the restraining order. Also, you should follow the rules even if you believe the restraining order is improper. The judge will only lift the restrictions if you dispute them in court.

Lack of Knowledge

The court cannot punish you for breaking a CHRO if you were unaware of its existence. This argument could prove more effective if the restraining order had been issued during your absence. It is also effective when you were not present when the alleged victim was granted an emergency protective order.

If you can demonstrate that you were never served with a restraining order, you will not be liable for breaking it.

False Allegations

It’s important to follow the conditions of a restraining order. You should comply with the order even if the opposing side contacts you or requests a reconciliation meet-up. These interactions could be used to frame you and have you detained for violating the court’s order. If you are charged, an attorney can investigate the case and provide evidence proving your innocence.

The Effects of Civil Harassment Restraining Orders

A restraining order issued against you can have several impacts on your actions. These include the following:

• When the court grants a civil harassment restraining order against you, it is entered into a statewide computer database. All state law enforcement officers have access to the record.
• The order prevents you from carrying out certain activities and visiting specific areas.
• You will be ineligible to purchase or own a firearm. You should sell, surrender, or store any firearms you own while the order is in effect.
• The order can affect your legal immigration status.
• You could be obliged to settle legal costs for the individual requesting the restraining order.
• You could face imprisonment, a fine, or both for violating the restraining order.

Frequently Asked Questions on Civil Harassment Restraining Orders

Below are some frequently asked questions on CHROs:

Who Can Request a Civil Harassment Restraining Order?

You could file a CHRO if you and the offender:

• Are not in an intimate relationship (that is, married, separated, divorced, dating or previously dating, cohabiting or previously cohabiting), or
• Are not immediate family members (for example, a parent, grandparent, sibling, or in-law).

You can apply for a CHRO if you fear for your well-being because you were:

• Stalked.
• Assaulted sexually.
• Harassed, or
• The offender made violent threats against you.

How Can I Request A Civil Harassment Restraining Order?

There are several court forms that you have to fill out. You will be asked to provide a detailed account of any harassment, stalking, harm, or threats you have suffered. The time it takes to complete the procedure ranges from a few weeks to many months, based on the complexity of your situation.

Is It Possible For Me To Have Multiple Restraining Orders At Once?

It’s not unusual to have several restraining orders whenever a criminal charge is involved.

A person can request a restraining order under family or civil law even while one is already in place. There are situations in which a Criminal Protective Order may expire. An order granted under civil or family law can only be voided after the judge orders it to do so following a hearing.

What Will A Restraining Order Accomplish?

A judge can issue a CHRO to protect individuals, their pets, and their loved ones. Law enforcement might be dispatched to execute a restraining order when a judge issues it.

A civil harassment restraining order could consist of the following types of directives:

• Stop harassing, stalking, threatening, or harming anybody protected by that order.
• No contact.
• Cannot possess or own ammunition or firearms.
• Maintain an established distance.

Find a San Diego Restraining Order Attorney Near Me

If you require protection or have an order against you, you should hire an expert lawyer to represent you in the legal proceedings. Our San Diego restraining order team at the Law Offices of Anna R. Yum has experience fighting for and obtaining civil harassment restraining orders. We can build legal solutions to represent you effectively in both capacities. Call us at 619-493-3461 to begin developing your legal case.