Civil Harassment Restraining Orders
Professional legal guidance to protect your rights and ensure your safety under California law
UNDERSTANDING YOUR RIGHTS
What is a Civil Harassment Restraining Order (CHRO)?
California Civil Harassment Restraining orders are governed under Code of Civil Procedure 527.6. A person who has suffered any of the following may file for protection.
- Unlawful violence (such as assault, battery, or stalking)
- Credible threat of violence
- Knowing and willful course of conduct that seriously alarms, annoys, or harasses a person, and that serves no legitimate purpose
What does a CHRO do?
The Court’s order can limit the personal conduct of the harasser by limiting personal conducts, contact and stay away orders. These stay-away orders can limit a restrained person’s ability to approach the protected person’s family, their work place, or school. The Court unfortunately, cannot issue residence exclusions (i.e. making someone move out of their home).
What should I do if I am seeking a restraining order or was served with a CHRO?
A restraining order can affect many aspects of your life, like your ability to own/possess firearms and your ability to go where you want, when you want. A CHRO should not be taken lightly. If you or a loved one are looking for assistance in defending a restraining order, call our office so that our team of experienced attorneys can immediately start building your case.
What should I do if someone is harassing me?
If someone is harassing you and you feel you are in immediate danger, call 911. You can then seek our legal assistance in helping prepare you for every step of the way. Our attorneys will listen to you and file all the necessary paperwork in your petition for a civil harassment restraining order against the other person. Our office then works with law enforcement or a process server to personally serve the other party. At your hearing, our attorneys will diligently help you tell the Judge why a restraining order should be granted.
What is the Process like?
Once a temporary restraining order is requested, a Judge will either issue/deny a temporary restraining order and set a hearing date within 21 days. The Respondent would need to be personally served. At the hearing the Respondent is entitled to a continuance. If the parties proceed to an evidentiary hearing, the court can either issue/deny the request for a permanent restraining order. If the permanent restraining order is granted, that order can last anywhere from 1 year – 5 years.
The Standard of Proof
The Petitioner (person requesting the restraining order) will need to show by "clear and convincing" standard that unlawful harassment exists and that the conduct is likely to continue unless a restraining order is issued.
Why it is Crucial To Hire The Right Attorney?
Selecting the right lawyer for your restraining order case can make all the difference. These cases require not only legal knowledge but also the skill to present your side convincingly in court. Although you have the right to represent yourself, navigating the legal system and presenting your case in a clear advantage, especially if you are unfamiliar with the law or courtroom procedure.
Our experienced attorneys understand the nuances of restraining order cases and will fight to protect your rights and ensure your case is heard.
Our experienced attorneys understand the nuances of restraining order cases and will fight to protect your rights and ensure your case is heard.
Protect Your Rights Today
Discover how a Civil Harassment Restraining Order can safeguard your safety and peace of mind.