Civil Harassment Restraining Orders

A civil harassment restraining order is unlike a domestic violence TRO in that the relationship between the parties is more casual. This type of protective order is normally for neighbors, casual friends, and non-married parties. Civil Code of Procedure section 527.6 defines the rules and requirements for a civil harassment restraining order. The Petitioner must show that he or she has suffered harassment. Harassment can be unlawful violence, a credible threat of violence, or a knowing and willful course of conduct. This conduct must be such that a reasonable person would suffer substantial emotional distress, and must actually cause such substantial emotional distress. When you go to court for your hearing, you must show by "clear and convincing" evidence that unlawful harassment exists. This standard is greater than the preponderance of evidence standard at a domestic violence restraining order hearing. It lasts three (3) years and can be renewed without a further showing of harassment.

Categories: Restraining Orders