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:
- Stalked
- Threatened,
- 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.
Once we are successful in a Civil Harassment Restraining Order case we are able to seek the recovery of attorney fees for you. We have received many large attorney fee awards in these types of cases, and always pursue that avenue for you at the conclusion of a case. Not only are you ultimately protected by a Civil Harassment Restraining Order, which offers you a feeling of protection and peace, you can also recover substantial attorney fees, which makes the victory even better. Let us help you recover your sense of safety, AND, your attorney fees back.
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 Smith Law Group, 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.
- Restraining Orders (Family Members, Relatives or Intimates)
- Professional Intervention
“Ms. Smith was very sensitive to our needs. Our children were living in an abusive household and she was very prompt and agressive to help in removing them. Ms. Smith is a compassionate and understanding attorney who saved our children from a horrible situation.
- Ericia
“Mr. Smith is an excellent attorney. His professionalism and knowledge is very impressive... I would highly recommend Mr. Smith. I feel I can guarantee that Mr. Smith will do his best for you.”
- Henry
“My case was very hard because it involved my wife being unfaithful for 26 years, raised 4 children and my dedication to her nearly killed me and disturbed my children. My attorney did everything right to end this abuse I suffered!”
- McDonnald
“My son and I wanted to Thank You for getting our lives back on track. This wouldn’t have happened without you.”
- Josiah and Alex
