Civil Harassment Restraining Orders
California law provides for numerous types of restraining orders, each of which is very specific in its purpose. Your West Covina family attorney will tell you that a civil harassment restraining order was created for situations where a victim is being stalked, threatened or harassed by someone other than a person with whom he or she has a domestic partnership.
What This Type of Restraining Order Can Do
Residents of California can file for six different types of restraining orders, depending upon the circumstances:
- Emergency Protective Order
- Domestic Violence Order
- Elder/Dependent Care Protective Order
- Criminal Protective Order
- Workplace Violence Restraining Order
- Civil Harassment Restraining Order
Several orders are available for use against a domestic partner who is abusing or threatening you. However, the civil harassment restraining order is used against individuals other than domestic partners. A neighbor might be stalking you, or a co-worker may continually be making unwelcome sexual advances. Friends, acquaintances, and strangers qualify if their treatment causes you to feel risk.
California Code of Civil Procedure 527.6(b) deems that an allegation of harassment can be substantiated based on what would cause a reasonable person to feel distress. Your West Covina family lawyer will help you file the order, after which the harasser is required to stay away from you, your family, your home and your place of work.
Obtaining the Civil Harassment Restraining Order
As with other orders, a temporary restraining order will be issued until the court date. This is approximately 3 weeks after filing. Once the judge grants the permanent order it will be in effect for up to 3 years. Your West Covina family attorney will caution you that the person named in the petition must be served before it goes into effect. If the order is violated, the perpetrator may face between two and four years in state prison. By contrast, a conviction for stalking will mean only one year in prison and/or a fine of up to $1,000.
A West Covina Family Lawyer Can Help You File
You do not need to accept harassment—there is a legal remedy in place. A West Covina family attorney can help you through the process of filing for a Civil Harassment Restraining Order. Call an attorney who cares at Daniel V. Cota & Associates, P.C.: 800-351-6860.