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.
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 …
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 …
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.
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.
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.
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).
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.
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.
However, if the court decides to issue a restraining order, that order can last anywhere from one to five years.
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.
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.
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.
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.
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
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).
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.
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.
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.
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.
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.
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.
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.
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).
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 ...
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:
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.
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.
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.
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.
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.
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.
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.
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.
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 ...
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? 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.
If they do not show up, the Judge will likely grant your request for a restraining order.
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.