San Diego Restraining orders are very serious matters. In this case the petitioner will be seeking a civil harassment order. The result is eventually a full blown hearing to determine if a permanent restraining order goes in place. Restraining Orders can be helpful in ensuring there is no harm but I have seen the process abused. It will be interesting to see if the order gets granted in the situation below.
While family members can seek a domestic violence restraining order, people with different types of relationships may also seek protection from the court. Neighbors, friends, co-workers, are just a few examples of individuals that have the legal right to seek and obtain a civil harassment restraining order.
If someone alleges harassment, they may seek a civil harassment protective order protective order which can be granted based upon one of the following.
- Unlawful violence;
- A credible threat of violence; or
- A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and that serves no legitimate purpose. This rule allows for harassment based upon acts that may not be necessarily considered an act of violence, such as emails, texts, phone calls or stalking.
The ruling law with San Diego Civil harassment orders is California Code of Civil Procedure § 527.6, which explains that the course of alleged conduct must cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim. If you have been served with a restraining order request and your actions do not fit within the above mentioned categories, it is vital to contact our office to begin your defense. If you are seeking to get a San Diego Civil Harassment order get it done right by a professional who knows that the court wants and needs to hear.
In addition, the civil harassment restraining order can include restraints on personal conduct by the harasser, order him or her to stay away from the victim’s home/work and/or children’s school, and other miscellaneous orders. There is no requirement that there be a relationship between the victim and a harasser in order to obtain the protective order. Again, there must be recent acts of harassment, which is a determination made by the court.
A civil harassment restraining order is unlike a domestic violence TRO in that the relationship between the parties is more casual. This type of protective order is normally for neighbors, casual friends, and non-married parties. Civil Code of Procedure section 527.6 defines the rules and requirements for a civil harassment restraining order. The Petitioner must show that he or she has suffered harassment. Harassment is defined in detailed below. Harassment can be unlawful violence, a credible threat of violence, or a knowing and willful course of conduct. This conduct must be such that a reasonable person would suffer substantial emotional distress, and must actually cause such substantial emotional distress. When you go to court for your hearing, you must show by “clear and convincing” evidence that unlawful harassment exists. This standard is greater than the preponderance of evidence standard at a domestic violence restraining order hearing. It lasts three (3) years and can be renewed without a further showing of harassment.
A candidate in the San Ysidro school board race is seeking a restraining order against an opponent after an incident that he said left him fearing for his safety.