For Restraining a Defined Set of People
A Civil Harassment Restraining Order/CHO is for restraining an individual who is not a close friend or family member, including:
- A stranger
- An acquaintance
- A neighbor
- An "ex" - an ex-boyfriend, girlfriend, ex-husband or wife
- A relative who is not close to the person seeking the CHO
Conduct that Causes Substantial Emotional Distress
The California Code of Civil Procedure - 527.6(b) prohibits conduct that "would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim," such as:
- Threats (verbal and/or physical)
- Stalking (in person, on the phone, and/or electronically, such as by texting and email)
- Sexual assault
Every Case is Unique
A mere argument with your neighbor about the placement of trash cans - for example - would not be sufficient grounds for a CHO. One threat by an ex-boyfriend or girlfriend may or may not be enough for a judge to grant a CHO. The laws and human conduct are not a perfect fit, and everyone's circumstances are unique. It takes a highly competent criminal lawyer such as Anna R. Yum to provide knowledgeable legal counsel to individuals who are either filing a CHO or who need to defend themselves against a CHO or another type of restraining order.
The Conduct Prohibited by a CHO
A CHO may include surprisingly detailed provisions that order an individual to do (or not do) something, such as:
- Stay away from the victim - there may be a minimum physical distance, such as 100 yards - and from the victim's place of work, his or her home, and the places where he or she frequents, such as church and classes
- Stay away from members of the victim's family, including at their school, places of work, etc.
- Stop sending emails, leaving phone messages, sending texts to the victim
There's much to learn about Civil Harassment Restraining Orders. If you feel that you may need to file or defend yourself against a CHO, contact Anna R. Yum to schedule a free and private discussion of your circumstances. Anna R. Yum has extensive experience in handling restraining orders in San Diego and will provide you with thorough, knowledgeable representation in your case.