A Civil Harassment Restraining Order is similar to a Family Law Domestic Violence Restraining Order except the abuser is not a relative or a family member. Civil harassment orders provide protection against third parties such as neighbors, roommates, members of your ex’s family or their friends, a non-relative person with whom you are acquainted, or a dangerous or unstable third party who you do not know or have any relationship with. These orders can provide the same type of protection as a domestic violence restraining order. These cases are heard in the civil court house, not the family law court, as they are considered actions against 3rd parties, not family, relative, or parental partners.
Under California law (CCP §527.6), a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment. You may seek protection if you are worried about your safety because you are being:
- Harassed, or
- Sexually assaulted.
Pursuant to CCP § 527.6(b), the course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim. The restraining order can include preventing personal conduct by the harasser, order the harasser to stay away from the victim, the victim's family, the victim's home/work and/or children's school, and other miscellaneous orders.
If you are feeling threatened or intimidated by anyone, you should consult an attorney immediately about your rights in this area. No one is expected to put up with abuse or threatening conduct from another, and this important area of the law protects you when the assailant is not a spouse, boyfriend or girlfriend, parent of your child, or other family relative. At the Law Office of Debra A. Smith, we have handled many civil harassment restraining orders, and are able to obtain the same level of protection for you that we could in a regular domestic violence restraining order case.
If you are being harassed or threatened, contact us today. We can provide you valuable legal information concerning your rights in this area, your availability of protection from the courts, and a comprehensive plan to ensure your safety and mental well being in the future. We understand these issues, and can offer you comprehensive and understanding help in this area.