Civil Harassment

A civil harassment restraining order is a court order to protect people from serious harassment, violence, stalking, or threats of violence. These are also generally referred to as injunctions and they are issued in different types of cases. In a restraining order hearing, the parties are called “Petitioner” and “Respondent.” The Petitioner is the person asking for the restraining order (the protected person). The Respondent is the person responding to the allegation of harassment (the restrained person). A Court may issue a civil harassment restraining order when:

A person has abused, threatened to abuse, sexually assaulted, stalked, or seriously harassed you; AND
You are scared or seriously annoyed or harassed.

What is Civil Harassment?

A civil harassment restraining order is different from a domestic violence restraining order in several ways. One of the key differences is the relationship of the parties. In a domestic violence restraining order, the parties are:

  • Spouse/former spouse or partner/former partner
  • Persons that dated at any point previously
  • A close relative such as a parent, sibling, grandparent, or in-laws)

Typical Parties in a Civil Harassment Restraining Order

  • A friend
  • A roommate
  • A neighbor
  • People not closely related to the Petitioner
  • A family member such as an aunt, uncle, niece, nephew, cousin, or other more distant relatives

Orders Given by a Civil Harassment Restraining Order

  • Not contact the Petitioner or any member of the Petitioner’s household
  • Not go near the Petitioner, Petitioner’s children, others that live with the Petitioner, or go near the Petitioner
  • Stay away from the Petitioner’s work, school, or the Petitioner’s children’s school and/or
  • Not have a gun

When the court issues a restraining order, it goes into a statewide electronic information system known as CLETS (California Law Enforcement Telecommunications System). The information is made accessible to law enforcement and may have a significant impact on employment. Furthermore, a CLETS restraining order will show up on a background check.

Appearing in court and in front of a judge by yourself can be an intimidating experience. Additionally, the laws involving a civil harassment restraining order are complicated. If you are facing a restraining order or need help obtaining a restraining order, Zonder Law Group is here to help you. Our firm’s civil litigation Managing Attorney, Marlyssa Langberg, Esq. has handled many cases and is here to help you get through this stressful situation. For additional information on civil harassment restraining orders please refer to:  https://www.court.ca.gov/1281.htm?rdeLocaleAttr-en.