Civil Harassment Attorneys in Oceanside
Seek a Civil Harassment Restraining Order throughout Vista, Escondido, San Marcos, Carlsbad and Encinitas
A civil harassment restraining order can be obtained when a person has suffered harassment by another party. It is a form of protection from potential harm.
Acts of harassment include being:
- Physically or verbally harassed
- Sexually assaulted
If you are seeking a civil harassment restraining order, Fischer & Van Thiel, LLP can help. Our Oceanside restraining order attorneys have decades of combined experience helping Southern Californians seek and obtain restraining orders to protect themselves and their loved ones. From our offices in Oceanside, Carlsbad, and San Marcos, we are ready to assist you.
Contact us online or call (760) 621-7101 if you are in need of protection in the form of a civil harassment restraining order.
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.
Seek a Temporary Order
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 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. Our Oceanside civil harassment 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 actions that caused the need for the restraining order.
Contact Fischer & Van Thiel at (760) 621-7101 to get the security you need.
Over 15 Years of Experience
Available 24/7 By Appointment
Complimentary 30 Minute Consultations
Committed to Protecting Your Rights
Serving Your Children’s Best Interests