A Civil Harassment Restraining Order can be obtained when a person has suffered harassment by another party.
Acts of harassment include being harassed, stalked, threatened or sexually assaulted.
Civil Harassment Restraining Order vs. Domestic Violence Restraining Order
The primary difference between a Civil Harassment Restraining Order and a Domestic Violence Restraining Order is that a Civil Harassment Restraining Order is obtained against an individual you do not have a close family relationship with. For example, if your abuser is a spouse or family member, you would file for a Domestic Violence Restraining Order. If the conduct is being caused by a neighbor, roommate or unfamiliar person, you would file for a Civil Harassment Restraining Order.
Burden of Proof
The burden the court looks at to decide whether a restraining order is warranted is whether the behavior/conduct would cause a reasonable person to suffer substantial emotional distress and the behavior/conduct must actually cause substantial emotional distress to the requesting party.
Temporary Orders Available
The temporary order can include orders for the restrained party to stay away from the protected party, the party’s home, school, work, etc. Based on your individual case, other orders may also be appropriate.
Service of a Civil Harassment Restraining Order
After a temporary Civil Harassment Restraining Order is granted, the order must be personally served on the restrained party. Normally the order is served by the Sheriff’s Department or any other individual over the age of 18 who is not a party to the action. The restrained party will receive a copy of the court’s orders and be advised of the hearing date at which the request for a permanent restraining order will be held.
After being served with the court documents, the other party will have an opportunity to prepare their responsive documents and have them served on the protected party and the court. These documents must be served on the requesting party at least two (2) days prior to the hearing. If these responsive documents are not provided timely, the requesting party may have the right to request a continuance to review and respond to the alleged offender’s responsive documents.
It is important that you contact the police if the other party tries to make contact with you after they have been served with the court documents.
At the court hearing, the Judge will decide whether there is enough evidence to put a permanent Civil Harassment Restraining Order in place.
During the hearing, both parties will have the opportunity to present evidence and testify regarding the alleged incidents.
It is important to have an experienced, family law attorney on your side to assist with your hearing to help ensure that a permanent Civil Harassment Restraining Order is ordered by the Judge.
Skilled domestic violence attorneys know how to organize your case to present you in the best way to the Judge and make sure the court understands the significance of the other party’s bad acts that caused the need for the restraining order.
Domestic violence is a real threat that plagues many families today. If you have been a victim of this crime, you need to seek the help of a compassionate and experienced domestic violence attorney who will protect you and your rights. Contact an Oceanside divorce lawyer with Fischer & Van Thiel at 760-904-3094 to get the security you need.