Civil Harassment Restraining Order
While family members can seek a domestic violence restraining order, people with different types of relationships may also seek protection from the court. Neighbors, friends, co-workers, are just a few examples of individuals that have the legal right to seek and obtain a civil harassment restraining order.
If someone alleges harassment, they may seek a civil harassment protective order protective order which can be granted based upon one of the following.
- Unlawful violence;
- A credible threat of violence; or
- A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and that serves no legitimate purpose. This rule allows for harassment based upon acts that may not be necessarily considered an act of violence, such as emails, texts, phone calls or stalking.
Our Los Angeles restraining order attorneys are familiar with California Code of Civil Procedure § 527.6, which explains that the course of alleged conduct must cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim. If you have been served with a restraining order request and your actions do not fit within the above mentioned categories, our attorneys will be prepared to defend the matter in court.
In addition, the civil harassment restraining order can include restraints on personal conduct by the harasser, order him or her to stay away from the victim's home/work and/or children's school, and other miscellaneous orders. There is no requirement that there be a relationship between the victim and a harasser in order to obtain the protective order. Again, there must be recent acts of harassment, which is a determination made by the court.