Civil Harassment Restraining Orders in California
In California, a civil harassment restraining order is a powerful tool that protects against threats, abuse, stalking, or harassment from individuals with whom one does not always share a close relationship. These orders not only offer a sense of security but also play a crucial role in criminal cases, ensuring the safety of the community.
The protected person is seeking this order against the restrained person, and you need to understand the criteria for a "close relationship," which includes people who are married, divorced, live together, dating, have a child together, family members, in-laws, etc.

This means that if you are being harassed by someone with whom you have any of these relationships, you might be ineligible for a civil harassment restraining order, but rather another type.
People who fit the criteria for not being considered close partners include neighbors, roommates, co-workers, and friends. The law defines "harassment" under this order as unlawful violence, credible threats of violence, or conduct that annoys or harasses the protected party.
It's important to note that a violation of a civil harassment restraining order is a serious offense. It can result in potential misdemeanor charges that can lead to custody in the county jail for up to one year and a maximum fine of $1,000.
This underscores the gravity of the consequences for the restrained person.
A civil harassment restraining order includes specific acts the restrained person cannot perform regarding the protected person. Some common restrictions include prohibiting the restrained person from contacting the protected person or visiting their family members or children.
Other restrictions include approaching their workplace or school, and the restrained person is also banned from owning, possessing, or buying a firearm for the duration of the order. Violating these firearm restrictions can result in criminal charges under California Penal Code 29825 PC.
A civil harassment restraining order can last up to five years from the court date or hearing date on which it was issued. Temporary Restraining Orders (TROs) might have a shorter duration and are typically granted before a permanent restraining order.
An Emergency Protective Order (EPO) lasts up to seven days and can be issued by law enforcement responding to domestic violence calls.
How To Obtain a Restraining Order
If you're considering applying for a restraining order, the process involves a visit to the court to fill out the necessary paperwork. Alternatively, you can seek legal assistance to complete the required documents. Understanding this process can help you feel more prepared and in control of your situation.
You will need to describe the situation and why it poses a danger. A judge will review the application and decide whether a Temporary Restraining Order (TRO) should be issued. Notably, the restrained person does not have to be present in court. The TRO will typically last a few weeks.
Next, a hearing is scheduled to decide whether the petitioner should get a Permanent Restraining Order, which can last up to five years. At this hearing, both parties can present evidence to a judge, who will decide whether to issue the restraining order.
Criminal Accusations
Civil restraining orders are not a criminal matter but often intersect with criminal cases. An alleged domestic violence victim can file a civil restraining order against the accused before the district attorney files criminal charges. Sometimes, an alleged victim may request both a criminal protective order and a civil restraining order.
Simply put, if you're facing criminal accusations, especially domestic violence, you could be served with a civil harassment restraining order, which can be issued at the request of an alleged victim. Notably, the civil harassment restraining order process is separate from the criminal justice system but often overlaps with criminal proceedings.
These restraining orders, also commonly known as "protective orders," prohibit the restrained person from harassing or abusing the protected person, which often include:
- Ex-girlfriends,
- Ex-boyfriends,
- Roommates,
- Coworkers, and
- Pets.
Restraining orders can also include personal conduct orders and "stay away" orders, which typically dictate a distance between the protected party, often about 100 yards. Once the restraining order is issued, the restrained person must refrain from performing any of the acts described in the order.
Any violations can lead to an arrest and criminal charges. Personal conduct orders typically prohibit certain types of behavior with the protected party, such as:
- Attacking,
- Stalking, or
- Communicating,
- Contact using social media.
Civil harassment restraining orders can last no longer than five years, but three years is more common, while some only last a few months.
Notably, getting served with such an order is not a criminal charge and won't appear on your criminal record. However, it can result in additional charges if you violate it.
Difference Between a Civil Restraining Order and a Criminal Protective Order
Civil harassment restraining orders and a criminal protective order are often confused with each other. Consider the following differences:
- A criminal protective order (CPO) is issued as part of a criminal case, often in domestic violence, to protect the alleged victim from further harm by the defendant. CPOs are often issued without the victim filing a separate petition. It's typically just a routine part of the criminal proceedings.
- A civil restraining order is often pursued by an alleged victim even when there is no ongoing criminal case. Simply put, it is a civil matter initiated through a petition filed by the alleged victim.
To obtain a civil harassment restraining order, the person seeking the order must fill out the form, provide a written statement detailing the alleged abuse or harassment, and attend a court hearing where the judge will decide whether to issue the order. Restraining orders can be used in situations involving domestic violence, harassment, stalking, or elder abuse.
Differences Between Civil and Criminal Cases
One key difference between civil restraining orders and criminal protective orders is the standard of proof, such as the following:
- In criminal cases, the district attorney must prove the defendant's guilt "beyond a reasonable doubt," the highest standard of proof.
- In a civil restraining order, the petitioner only needs to show there was abuse, harassment, or threats by a "preponderance of the evidence," a much lower standard of proof.
Common Types of Civil Harassment Restraining Orders
The most common types of California civil restraining orders include the following:
- Civil Harassment Restraining Order (CHRO): These are used when the parties are not close, such as neighbors or co-workers, and the alleged conduct involves harassment, threats, or stalking.
- Domestic Violence Restraining Order (DVRO): These are for people who have suffered abuse or threats from somebody they have a close relationship, such as a spouse, ex-spouses, boyfriends, girlfriends, family members, and those who've lived together in intimate relationships.
- Elder or Dependent Adult Abuse Restraining Order: These are used to protect people 65 or older or those with disabilities from abuse, neglect, or financial exploitation.
- Workplace Violence Restraining Order: These are often filed by an employer on behalf of an employee who was threatened or harassed at work.
Notably, civil restraining orders can be issued even when criminal charges are never filed. Anyone who owns a firearm will likely have to sell their weapons, store them with police, or part with them duration of a restraining order.
Penalties for Violating a Civil Restraining Order
Violating a civil restraining order in California is a crime if you knowingly disobey the terms. California Penal Code 273.6 PC makes it a misdemeanor to violate a civil restraining order and carries the following penalties:
- Up to one year in county jail,
- Fines of up to $1,000,
- Probation, and
- Counseling or anger management programs.
Suppose there are repeated violations, or if the violation involves violence. In that case, it could be charged as a felony crime with harsher penalties, including:
- Up to three years in state prison,
- Larger fines, and
- Longer probation terms.
Defenses for Violations of Restraining Orders
If you were served with a civil restraining order, be sure to read it thoroughly so you can clearly understand the terms. You are required to comply to avoid criminal charges.
The terms typically include remaining a certain distance from the alleged victim, their home, or workplace. You must also avoid all types of communication and refrain from specific behaviors.
Suppose you believe the restraining order was issued unjustly or that the allegations are false. In that case, you can challenge it at a court hearing before it is finalized.
Our California criminal defense lawyers can help you present evidence and witnesses to support your defense. Contact us for more information. Our law firm is based in Los Angeles, CA.
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