What Happens if You File a Restraining Order Agains Someone You Live With

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What Is Civil Harassment?

In general, ceremonious harassment is abuse, threats of corruption, stalking, sexual assault, or serious harassment by someone you take not dated and practise not have a close relationship with, like a neighbour, a roommate, or a friend (that yous have never dated). It is also civil harassment if the abuse is from a family unit fellow member that is not included in the listing under domestic violence. And then, for case, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and not domestic violence.

The civil harassment laws say "harassment" is:

• Unlawful violence, like attack or battery or stalking, or
• A apparent (real) threat of violence, and
• The violence or threats seriously scare, badger, or harass someone and there is no valid reason for it.

"Credible threat of violence" means intentionally saying something or interim in a way that would make a reasonable person afraid for his or her safety or the rubber of his or her family. A "apparent threat of violence" includes post-obit or stalking someone, making harassing calls, or sending harassing messages, by phone, mail, or e-mail, over a catamenia of time (even if it is a short time).

Read about the police force in Code of Ceremonious Procedure section 527.6.

Civil Harassment Restraining Orders

A civil harassment restraining lodge is a courtroom order that helps protect people from violence, stalking, serious harassment, or threats of violence.

You tin inquire for a civil harassment restraining lodge if:

• A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed yous, and
• You are scared or seriously bellyaching or harassed.

Generally, for civil harassment restraining orders, the person you lot want to restrain is non:

• Your spouse/partner or former spouse/partner,
• Someone you dated at any point, or
• A close relative (parent, child, brother, sis, grandmother, grandfather, in-law).

If you lot have a close relationship similar one of these, consider whether a domestic violence restraining order is best for your situation.

In a civil harassment restraining society, you tin ask to restrain:

• A neighbor,
• A roommate,
• A friend,
• A family unit member more than ii degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more afar relatives, or
• Other people you are non closely related to.

IMPORTANT: If y'all are 65 or older or a dependent developed, you can file a civil harassment restraining order against someone you are not close to, but you tin can besides file an elder or dependent adult abuse restraining club, which may be meliorate for you because you may be able to get more help before, during, and later the courtroom case.

If you practise not qualify for a civil harassment restraining order, there are other kinds of orders you may be able to inquire for:

• Domestic violence restraining lodge (for protection from people you were involved with romantically at some point or close family unit members). Get more information on getting a domestic violence restraining gild.
• Elder or dependent developed abuse restraining order (if the person being abused is 65 or older, or between 18 and 64 and a dependent adult). Get more than information on getting an elder or dependent adult abuse restraining society.
• Workplace violence restraining order (filed by an employer to protect an employee from violence, stalking, or harassment by some other person). Get more data on getting a workplace violence restraining order.

If you lot are not sure what kind of restraining order you should become, talk to a lawyer. Click for help finding a lawyer. Too, your courtroom's family unit law facilitator or self-help center may be able to aid y'all. And your local legal services offices may also be able to aid y'all or refer you to someone who can.

If you think you have a civil harassment case only would like data about trying to resolve information technology out of court, click to watch the video Resolving Your Civil Harassment Case in the California Courts (as well available in Spanish).

What Can a Restraining Lodge Do?

A restraining order is a courtroom order. Information technology tin can social club the restrained person to:

• Non contact yous or any member of your household;
• Not get near you lot, your children, or others who live with you, no affair where you become;
• Stay away from your work, your schoolhouse, or your children's school; or
• Non accept a gun.

Once the court problems (makes) a restraining order, it goes into a statewide computer system. This means that law enforcement officers across California tin can run across there is a restraining order in place.

Effect of a Restraining Club on the Restrained Person

For the person to be restrained, the consequences of having a court society confronting him or her can be very severe.

• He or she will not be able to go to certain places or to do sure things.
• He or she volition generally non exist able to own a gun. (And he or she will accept to plough in, sell or shop whatsoever guns he or she has and volition non be able to buy a gun while the restraining order is in effect.)
• The restraining society may affect his or her immigration status. If you are a person to be restrained and you are worried about this, talk to an immigration lawyer to discover out if you lot will be affected.

If the person to exist restrained violates the restraining guild, he or she may go to jail, or pay a fine, or both.

Types of Civil Harassment Restraining Orders

Emergency Protective Guild (EPO)

An EPO is a type of restraining order that only law enforcement can ask for by calling a gauge. Judges are bachelor to issue EPOs 24 hours a day. So a police force officeholder that answers a call considering of serious violence or a serious threat can ask a judge for an emergency protective lodge at whatsoever fourth dimension of the twenty-four hours or nighttime. For civil harassment cases, EPOs are simply available in cases of stalking. If you are existence stalked, you tin call the police force and ask for an EPO.

The emergency protective club starts immediately and can last up to 7 days. The approximate can order the calumniating person to leave the home (if they live with you) and stay away from y'all for up to a week. That gives you plenty time to become to court to file for a temporary restraining club.

To get a more permanent society, you first must ask the court for a temporary restraining order (likewise called a "TRO").

Temporary Restraining Order (TRO)

When you lot go to courtroom to ask for a civil harassment restraining order, yous fill out paperwork where yous tell the judge everything that has happened and why y'all need a restraining order. If the judge believes you need protection, he or she will requite you a temporary restraining society.

Temporary restraining orders usually last near twenty to 25 days, until the court hearing engagement.

"Permanent" Restraining Society (Restraining Club After Hearing)

When you lot become to court for the hearing that was scheduled for your TRO, the judge may issue a "permanent" restraining society. They are non actually "permanent" because they commonly last up to 5 years.

Criminal Protective Guild or "Stay-Away" Society

Sometimes, when at that place is an incident of violence or severe harassment (or series of incidents), the commune attorney will file criminal charges against the person committing the violence. This starts a criminal court example going. Information technology is common for the criminal courtroom to issue a criminal protective order against the accused (the person who is committing the violence and corruption) that is effective while the criminal case is going on, and, if the defendant is found guilty or pleads guilty, for 3 years afterward the case is over.

The Restraining Order Process

When someone asks for a civil harassment restraining society in court, they have to file court forms telling the gauge what orders they want and why. What happens after that varies a little from courtroom to courtroom, but the general steps in the court case are:

1. The person wanting protection files court forms asking for the ceremonious harassment restraining order.

2. The judge will decide whether or not to brand the society by the next concern day. Sometimes the gauge decides sooner. And then, the clerk will set a date for a hearing.

iii. If the judge grants (gives) the orders requested, he or she will first make "temporary" orders that just concluding until your court date. The court date will exist on the paperwork. These temporary orders can include bug like:

• Ordering the restrained person to have no contact (including no telephone calls or eastward-mails) with the protected person (and other protected people); or
• Ordering the restrained person to stay away from the protected person (and other protected people).

4. The person asking for protection volition have to "serve" the other person with a copy of all the restraining order papers before the court engagement. This means that someone eighteen or older (NOT involved in the case) must mitt-deliver a re-create of all the papers to the restrained person.

5. Both sides go to the court hearing.

• If the protected person does not go to the hearing, the temporary restraining order will ordinarily end that 24-hour interval and there will no longer be a restraining club.
• If the restrained person does not go to the hearing, he or she will have no input in the case and his or her side of the story will not be taken into account.

6. At the hearing, the judge will decide to continue or cancel the temporary restraining order. If the judge decides to extend the temporary order, the "permanent" society may last for up to 5 years.

Read Ask for a Restraining Order for detailed instructions on how to ask for a ceremonious harassment restraining order.

Read Respond to a Restraining Order for detailed instructions on how to reply a request for a civil harassment restraining order.

Getting Help

You do not need a lawyer to enquire for (or reply to) a restraining order. Simply it is a proficient idea to have a lawyer. Click for aid finding a lawyer.

The court process can exist confusing and intimidating. Both people will have to run into each other in court, and both will have to tell the approximate details of what happened in a public courtroom. Having a lawyer can help make the process easier to handle.

If you would similar information about trying to resolve your ceremonious harassment dispute out of court, click to sentinel the video Resolving Your Civil Harassment Case in the California Courts (also available in Castilian).

For the person request for protection

Your city or county may have legal assistance agencies that help people ask for civil harassment restraining orders, only it usually depends on the type of abuse or harassment. For example, if you take been sexually assaulted, you may be able to get aid from legal aid or a domestic violence bureau. Sometimes, these agencies will also aid with stalking cases. And they may assistance in other situations. Information technology is hard to know whether you will qualify for help without knowing the specific state of affairs you are in.

So if you need a civil harassment restraining gild, no matter why, first try to become help from your local legal assist agency. If they cannot help you lot, they may be able to send you to someone who tin.

Click for help finding a legal help agency in your area.

Your court's self-assist heart may also be able to help you with the civil harassment restraining order or refer you to someone who can.

For the person responding to a restraining gild

It is more hard to notice free or low-cost legal help if you lot are responding to a request for a civil harassment restraining order. Only you should still try since legal assist agencies have unlike guidelines, and your local bar association may take a volunteer lawyer program that tin help yous. Click for help finding a lawyer.

Your court's self-help middle may as well be able to help you respond to the restraining guild or refer you lot to someone who can.

Other resources

For victims of abuse:

• National Domestic Violence Hotline

  1-800-799-7233
  TDD: 1-800-787-3224

Call 24 hours a day, 7 days a week. They can help y'all in more than 100 languages. It is free and individual.

The National Domestic Violence Hotline links yous to the following resources in your community:

• Emergency shelters
• Legal assistance
• Social service programs

The website also provides a lot of data to help y'all become protection.

• California Department of Public Wellness Violence Prevention Resource Directory

This site lists help past canton, like:

• Legal help with your restraining order
• Victim witness assistance programs
• Counseling services for victims of violence
• Crisis hotlines

For perpetrators of violence and abuse:

• California Department of Public Health Violence Prevention Resource Directory
  This site lists help by county.
• If you need an "canonical" batterer intervention programme, contact your county probation department.

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Source: https://www.courts.ca.gov/1044.htm

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