Served With a Civil Harassment Restraining Order in California? Here’s What to Do

Protecting Your Reputation Starts With a Smart Legal Response

If you’ve been served with a civil harassment restraining order in California, you may be feeling overwhelmed and unsure of what to do next. These orders can have serious repercussions, so it’s crucial to act quickly to protect your rights. In this post, we’ll explain what civil harassment restraining orders entail and how an experienced restraining order attorney can help you navigate this stressful situation.

What is a Civil Harassment Restraining Order?

Under California law, civil harassment restraining orders are court orders that prohibit specific acts against the person seeking the order. They are typically sought when someone alleges:

• Unlawful violence (assault, battery, stalking)
• Credible threats of violence
• A course of conduct designed to seriously alarm, annoy or harass without a legitimate purpose

The harassment must be repetitive and cause substantial emotional distress to the victim. A single act usually isn’t enough, unless it involves violence or a credible threat.

Who Can Seek a Civil Harassment Restraining Order?

Civil harassment restraining orders are generally used when the parties are not closely related or in a domestic relationship, such as:

• Neighbors
• Coworkers
• Acquaintances
• Distant relatives

For closer relationships like spouses, partners, or immediate family members, a domestic violence restraining order may be more appropriate. Elders or dependent adults being abused may need an elder or dependent adult abuse restraining order.

Consequences of Civil Harassment Restraining Orders

If a civil harassment restraining order is issued against you, it can order you to:

• Stop harassing, intimidating or threatening the protected person
• Stay away from the protected person, their home, work, school, etc.
• Move out of a shared residence
• Surrender firearms

Violating the order, even unintentionally, can lead to criminal charges, jail time, fines and penalties for civil contempt. A restraining order on your record can impact your employment, housing, and reputation.

Challenging a Civil Harassment Restraining Order

When you’re served with a civil harassment restraining order, you’ll first receive a temporary order, then a hearing will be set to determine if a permanent order is warranted. To defend against the allegations, you’ll need to:

• Carefully review and respond to the petition
• Gather evidence to refute the claims (texts, emails, witnesses)
• Prepare your testimony and arguments for the hearing
• Follow all court procedures and deadlines

Facing this alone can be daunting, but an experienced restraining order attorney can guide you through the process and craft a compelling defense on your behalf.

Get Legal Help With Your Civil Harassment Restraining Order

At The Nieves Law Firm, we understand how much is at stake when you’re facing a civil harassment restraining order. Our skilled attorneys can evaluate your case, explain your options, and vigorously defend your rights in and out of the courtroom.

Don’t let a civil harassment restraining order derail your life. Contact us today for a confidential consultation and let us start building your defense strategy.