Tips for Filing a Civil Harassment Restraining Order in California
Applications for Temporary Restraining Orders should be filed immediately after an assault and battery, a credible threat of violence or serious harassment.
Assault & Battery- File immediately after the EventTiming of the Filing is crucial. File immediately after the Event, even if the Police did not order an Emergency Protective Order. You must show that there is a reasonable apprehension of harm, and that you wasted no time in bringing that apprehension to the Court's attention. Keep in mind that Civil Harassment Restraining Orders are filed when you DO NOT have a relationship with the person committing the harassment. In other words, if you had an intimate relationship with someone, were married to them, or they are a family member, then you should file a Domestic Violence Restraining Order in Family Court. When the harassment occurs from someone you do not know, or have no relationship with, you will file a Civil Harassment Restraining Order in Civil Court.
Civil HarassmentThe 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. "Credible threat of violence" means intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family. A "credible threat of violence" includes following or stalking someone, making harassing calls, or sending harassing messages, by phone, mail, or e-mail, over a period of time (even if it is a short time).