what kind of lawyer files civil harassment restraining orders

by Cora Ziemann II 8 min read

How to file a harrassment restraining order?

The effective civil harassment restraining order lawyer helps people win their case. Lawyer David Pflaum diligently defends the rights of people who receive a civil harassment restraining order that is not justified. He skillfully helps people who were victims of threats or harassment who need the protection of a civil harassment restraining order.

Who can get a restraining order?

Civil Harassment Restraining Order. California law provides certain protections to people to allow them to live their lives free from abuse or harassment. The primary legal tool in achieving this is the restraining order. There are various types under California law and Restraining Order Attorney is a law firm with a deep working knowledge of all of them, including civil harassment …

How to get a restraining order?

No, you do not need a lawyer to file for a civil anti-harassment order. 1 However, you may wish to have a lawyer, especially if the abuser has a lawyer and/or if your case is going to go to trial. If you can, contact a lawyer to make sure that your legal rights are protected. If you cannot afford a lawyer but want one to help you with your case, you may be able to find information on legal …

What is civil harassment?

Our civil protective order attorneys in Folsom can represent you if you have been unjustly accused of harassment. Contact us at (916) 794-4576 now to get started. Our restraining order attorneys serve Northern California and the surrounding counties.

What is a civil harassment restraining order in California?

A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.

How much does it cost to file a restraining order California?

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).Jan 2, 2022

How do you file a restraining order in California?

Give your Form DV-130 to the clerk (or the judge) and the judge will sign it. Make sure the clerk files it. The clerk will give you up to 5 copies. Serve the restrained person with a copy of Form DV-130 and any other attachments to the order.

What proof do you need for a restraining order?

The person who requested the restraining order generally provides all of the evidence that they can to prove that the abusive or harassing behavior has taken place. They can call witnesses and submit evidence ranging from text messages and voice mail messages to medical records or police reports.

What proof do you need for a restraining order in California?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.Feb 1, 2017

Does a restraining order go on your record in California?

Generally speaking, restraining orders are public record in California. Unless they have been sealed for some reason, like any other court order or document, a restraining order, or protective order as they are otherwise known, are a matter of public record.Oct 19, 2020

Does a restraining order show up on a background check in California?

Does A Restraining Order Show Up In A Record Check? Yes, in most situations. Most restraining orders are "CLETS Orders". This means they are entered into the California criminal database, known as CLETS, "California Law Enforcement Telecommunications System", often called a "rap sheet".

Do restraining orders expire in California?

After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.Feb 16, 2022

Who can file a civil harassment restraining order?

To file a Civil Harassment Restraining Order, the person you want to restrain CANNOT be: A close relative (parent, child, brother, sister, grandmother, grandfather, in-law). These types of persons require a Domestic Violence Restraining Order.

What type of person requires a domestic violence restraining order?

These types of persons require a Domestic Violence Restraining Order. A civil harassment restraining order can be filed to protect you from: A roommate (not a current or former partner) A friend, or someone who you used to consider a friend. A neighbor.

What happens when you file a restraining order?

When you file a restraining order, you must prove that the person you are wishing to restrain has harmed you or threatened to harm you, or that they have harassed you in a way that has scared or annoyed you (including stalking).

What are the actions that are considered harassment in California?

Actions are considered “harassment” for the purposes of California law if they involve. Violence or threat of violence. Sexual abuse or threat of abuse. Unwanted communication, especially repeatedly, especially in a manner that significantly annoys or intimidates you. Stalking.

What is a restraining order?

A restraining order is a legal order from a court, meaning that the restrained person would face serious consequences if they were to break their order.

How long does a restraining order last?

However, if the court decides to issue a restraining order, that order can last anywhere from one to five years.

How does California protect against harassment?

California works to protect individuals facing harassment through civil harassment restraining orders. A Civil Harassment Restraining Order can keep someone, by law, from stalking, threatening, harassing, or abusing you. If you need a restraining order, call Hurwitz Law Group so that our Los Angeles restraining order attorney for help.

What is a restraining order in California?

There are various types under California law and Restraining Order Attorney is a law firm with a deep working knowledge of all of them, including civil harassment restraining orders. Restraining Order Attorney can help clients all over Los Angeles file or dispute civil harassment restraining orders.

What is harassment in California?

California harassment law (CCP § 527.6) was specifically drafted to protect victims. It puts pressure on the defendant to adhere to a strict set of instructions as handed down by the presiding judge in order to curb abusive or harassing behavior. If the defendant fails to adhere to these instructions, then a criminal charge of violating a restraining or protective order (as written in California Penal Code, section 273.6 PC) is pursued against the defendant. This crime can be either a misdemeanor or a felony as determined by the District Attorney (DA) and carries a maximum prison sentence of three (3) years if charged as a felony.

What can a civil harassment restraining order prevent?

A civil harassment restraining order can prevent the person from: Contacting you or your family. Approaching you, your children, or anyone you live with, no matter where you are. Maintain a certain distance from your work, school, or home. Possessing a gun.

How to get a restraining order for harassment?

A civil harassment restraining order can prevent the person from: 1 Contacting you or your family 2 Approaching you, your children, or anyone you live with, no matter where you are 3 Maintain a certain distance from your work, school, or home 4 Possessing a gun

Can a restraining order be against a spouse?

This type of restraining order is different than a domestic violence restraining order, as it cannot be ordered against a spouse, ex-spouse, dating partner, or close relative (s uch as a parent, child, sibling, or grandparent).

What can a civil protective order prevent?

A civil harassment restraining order can prevent the person from: Contacting you or your family. Approaching you, your children, or anyone you live with, no matter where you are. Maintain a certain distance from your work, school, or home. Possessing a gun. Violations of a civil protective order could result in fines, jail time, or both.

What is a civil restraining order?

A civil harassment restraining order can prevent the person from: Approaching you, your children, or anyone you live with, no matter where you are. Maintain a certain distance from your work, school, or home. Violation s of a civil protective order could result in fines, jail time, or both.

What to do if you violate a civil protective order?

Maintain a certain distance from your work, school, or home. Possessing a gun. Violations of a civil protective order could result in fines, jail time, or both.

What are the consequences of violating a civil protective order?

Maintain a certain distance from your work, school, or home. Possessing a gun. Violations of a civil protective order could result in fines, jail time, or both.

What to do if you get a restraining order against your neighbor?

If you get a restraining order against your neighbor, they will not be able to: Contact you or other members of your household. Get near you or your family members no matter where you go. Go near your work or school. Have a gun.

How long does a temporary restraining order last?

Temporary Restraining Order (TRO) The judge can make a temporary restraining order before the court hearing date. It generally lasts between 20 and 25 days. Permanent Restraining Order (Restraining Order After Hearing) This order is an extension of the TRO, and it can last up to five years after the court hearing.

Can you file a civil harassment restraining order against someone you are not close to?

IMPORTANT: If you are 65 or older or a dependent adult, you can file a civil harassment restraining order against someone you are not close to, but you can also file an elder or dependent adult abuse restraining order, which may be better for you because you may be able to get more help before, during, and after the court case.

What if you don't qualify for a civil harassment restraining order?

If you do not qualify for a civil harassment restraining order, there are other kinds of orders you may be able to ask for: Domestic violence restraining order (for protection from people you were involved with romantically at some point or close family members).

What is civil harassment?

In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do not have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in ...

Is domestic violence considered civil harassment?

It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, 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:

What is unlawful violence?

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

What is a civil restraining order?

A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.

What is a restraining order for a workplace?

Workplace violence restraining order (filed by an employer to protect an employee from violence, stalking, or harassment by another person). Get more information on getting a workplace violence restraining order. If you are not sure what kind of restraining order you should get, talk to a lawyer.

What is a civil harassment restraining order?

A civil harassment restraining order can allow you to address specific problematic behaviors on the part of your neighbor without necessarily forcing them to move to a new location.

What are the behaviors that justify a civil harassment restraining order?

Those behaviors include violence, stalking or credible threats of violence. Additionally, ongoing threats of violence or aggressive communication without provocation may also justify someone in seeking a civil harassment restraining order.

Can a civil harassment order be used against a domestic violence victim?

Civil harassment restraining orders can apply where domestic violence ones do not. Even if your neighbor has made threats of violence against you, the relationship you have with them may not qualify for a standard domestic violence restraining order.

What are some examples of restraining orders?

Examples of criminal restraining orders that are issued are: 1) if you get into a fight and hurt someone else, a criminal investigation might be opened on you and criminal charges such as assault or battery filed against you.

What is a restraining order?

A restraining order is an order signed by a Judge in Court that restrains or prevents someone from contacting another individual. Contact can include physical contact, contact by phone, mail, email, text message, social media, through a third party, etc…. Any form of contact pretty much can be prohibited.

What is an emergency protective order?

Emergency Protective Order: Protects victims of abuse, serious harassment, or stalking. An emergency protective order is available 24 hours a day from the police. Domestic Violence Restraining Order: Protects individuals from family members, spouse or former spouse, parties that have a child together, or parties that have a current ...

What is a domestic violence restraining order?

Domestic Violence Restraining Order: Protects individuals from family members, spouse or former spouse, parties that have a child together, or parties that have a current or past dating relationship. Civil Harassment Restraining Order: Protects individuals from abuse, threats of abuse, stalking, sexual assault, ...

What is the difference between a criminal restraining order and a civil restraining order?

What is the difference between a criminal restraining order and a civil restraining order? A civil harassment restraining order can be requested by someone by filling out the proper forms in Court and asking a Judge to issue a restraining order against someone they believe is harassing them.

What happens if you don't show up for a restraining order?

If they do not show up, the Judge will likely grant your request for a restraining order.

How long does a restraining order last?

A civil restraining order can be temporary or permanent. It can last from just a few weeks to up to 5 years. A criminal restraining order is usually issued when there is a criminal investigation. An emergency restraining order can be issued immediately by the police if they believe it is necessary.