Civil Harassment Protective Order Attorney in Los Angeles, CA Advocates for Victims of Harassment and Fights for Respondents in Los Angeles County, Orange County, Ventura County, and Across Southern California
Accusations of threats and harassment can arise in all sorts of situations, not only family relationships. In California, courts can issue civil harassment restraining orders when one individual claims another person has abused, assaulted, stalked, or threatened them. Both victims of abuse requesting legal protections and defendants who are facing unfair restrictions benefit from having a Los Angeles civil harassment restraining order lawyer advocating for them.
For help making sense of this situation and figuring out your path forward, turn to the team at The Law Offices of Christopher Chaney. We’re known as a top restraining order law firm in Southern California, and for good reason. Contact us today for a free consultation, and find out what we can do to secure you the most favorable outcome possible.
What to Know About Civil Harassment Restraining Orders in Los Angeles, CA
Petitions for restraining orders, including civil harassment orders, are common in L.A. Restraining order matters are typically handled in the county Superior Court, which means the paperwork involved in your case will likely be filed with the Los Angeles Superior Court.
Although a restraining order is issued by a civil court rather than a criminal one, it is a formal legal matter with significant consequences for everyone involved. Whether your role in this case is as the petitioner (the person filing for legal protection) or the respondent (the person accused of harassment), there are nuances to navigate and challenges to overcome to achieve the resolution that’s most beneficial for you. Having a civil harassment protective order attorney in Los Angeles, CA, on your side provides critical resources as you navigate this process.
What Is a Civil Harassment Order in California?
California law recognizes several types of restraining orders, or court orders that restrict one person’s activities for the intended protection of another person. Each type of restraining order is slightly different, usually in regard to who can request that specific type of order.
A civil harassment restraining order is the broadest type of protective order a person can file against a defendant. Anyone who is not in an intimate or domestic relationship with the defendant, is not alleging elder abuse at the hands of the defendant, and is not seeking the court order as an employer or a representative of a school can request a civil harassment restraining order.
Who Can File a Civil Harassment Restraining Order?
Examples of a person who may be able to file a request for this type of restraining order against a defendant include:
- A friend or former friend
- A relative who is too distantly related to the victim to constitute domestic violence, such as an uncle, aunt, or cousin
- A roommate
- A neighbor
- A coworker
- A classmate
- A tenant
- A landlord
- A casual acquaintance
- A stranger who alleges that the defendant has engaged in a pattern of harassment against them
Whether the petitioner would file a civil harassment restraining order or another type of restraining order depends on their relationship with the defendant (if any). For example, a person in a spousal, dating, or family relationship with the defendant may qualify for a domestic violence restraining order instead of a civil harassment restraining order.
What Must Be Proven in a Civil Harassment Restraining Order Case?
Under California law (Section 527.6 of the Code of Civil Procedure), for a judge to issue a restraining order, the person seeking this court order must present “clear and convincing evidence” of the behaviors that, they claim, constitute unlawful harassment. This means that the burden of proof for obtaining a civil harassment restraining order in California is on the person seeking the protective order, not the person against whom it is being filed.
To get a restraining order placed against someone, the alleged victim needs to be able to establish certain elements. Namely, the petitioner must be able to establish a pattern of unwanted conduct that creates reasonable fear of harm and substantial emotional distress for the victim. The petitioner must not have consented to the conduct, which may include actions such as:
- Threatening the victim
- Stalking the victim
- Committing violence of any kind against the victim
When a prosecutor attempts to prove criminal charges involving assault, battery, or stalking, they must prove guilt beyond a reasonable doubt. As a civil court order, the burden of proof required to grant a restraining order is not as high. The petitioner only needs to provide compelling arguments, backed by evidence, that establish the reason a court order is necessary to protect their safety. A civil harassment protective order attorney in Los Angeles, CA, can help petitioners meet this requirement.
Help for Victims of Harassment
A pattern of abuse and mistreatment can impact your life on every level. Even if the defendant hasn’t physically harmed you—yet—you begin to fear for your safety and your peace. You shouldn’t have to live your life constantly looking over your shoulder, anticipating the next threat or waiting for the harassment to escalate from annoying to downright dangerous. A civil harassment restraining order offers you a chance to break out of this distressing cycle by providing critical legal protections.
Protections Available Through a Civil Harassment Restraining Order
The orders by which a defendant is bound in a civil harassment restraining order can vary, but they may include:
- Prohibitions against stalking, threatening, harming, or harassing the protected person
- Restrictions on contacting the protected person by any means and for any reason
- Requirements that the defendant maintain a specified distance from the individual and, potentially, their home, their workplace, or other places they frequent
- Prohibitions against possessing firearms, which may require them to surrender, store, or sell any guns they currently own
The combination of restrictions a judge imposes in a court order can keep you safe from further harassment. If the defendant violates stay-away or no-contact orders, they can be charged with a crime, even if they did not attempt to harm you.
The Restraining Order Process in California
Getting a civil harassment restraining order against someone begins with filing the appropriate forms in the appropriate court. Generally, petitioners seeking this type of restraining order fill out the following forms:
- Request for Civil Harassment Restraining Orders (form CH-100)
- Confidential CLETS Information (form CLETS-001)
- Notice of Court Hearing (form CH-109)
- Temporary Restraining Order (form CH-110)
- Civil Case Cover Sheet (form CM-010)
In the course of filling out these forms, you will need to describe the harassment you have suffered, explain the reason a restraining order is necessary to protect you from future harm, and indicate what protections you are asking the judge to order.
Once a judge has reviewed your forms, they will notify you of the date of your court hearing. The defendant will need to be notified of the petition for a restraining order, the date of the court hearing, and any temporary restraining order the judge has granted in your case through a process known as serving papers. If issued, the temporary restraining order will generally last for 21 days or until the date of a court hearing.
This hearing is important because it is where evidence for and against granting the restraining order may be presented to the judge, who will then decide whether to put a permanent restraining order in place. Civil harassment restraining orders can remain in effect for up to five years.
Successfully Defending Against a Civil Harassment Restraining Order in Los Angeles
Learning that someone has filed a petition for a restraining order against you can come as a shock, especially if you feel that such a drastic measure is unfair or unreasonable, given the circumstances. It is possible to fight a restraining order petition in California, but you must take action quickly—all while complying with any temporary restraining order in place against you to avoid being criminally charged with a restraining order violation.
Understanding your options and how to respond to the formal notice of a civil harassment restraining order can be complicated, but you don’t have to do it alone. The guidance of a knowledgeable Los Angeles civil harassment restraining order lawyer can help you find your way through this process.
How Will a Civil Harassment Restraining Order Affect My Life?
If you’re wondering whether it’s worth fighting a restraining order petition or whether you should just accept the court order without pushback, consider the ways these restrictions may affect your life. Cutting contact with the protected person is only the beginning.
A restraining order requires you to stay away from the person filing it against you, as well as other related persons and places. You could lose the right to go to places you enjoy and see friends and acquaintances in social environments. You may have to change your routine considerably and miss out on events and experiences that matter to you for reasons that have nothing to do with the alleged victim. Otherwise, you could end up in serious legal trouble, facing criminal charges.
Due to the potentially devastating nature of these consequences of a restraining order, it’s essential to take action against the order as soon as you receive notice of the filing. First, consult a seasoned attorney. Then, begin preparing for the court hearing.
How to Respond to a Civil Harassment Restraining Order
What should you do when you have received notice that a friend, neighbor, classmate, coworker, or relative is seeking to file a restraining order against you?
Carefully Read the Paperwork
The first step you need to take when faced with a restraining order petition is to carefully read all of the documents you have been served. This paperwork contains important information specific to your unique situation, including the name of the person who filed the petition, the specific orders that apply directly to you, and your court date.
Make a note of your court date, and make sure you are prepared to attend. That may include taking a day off of work or school or finding childcare, if necessary.
As you read the forms you have received, take notes on:
- What has already been done: Is a temporary restraining order in place?
- What is required of you now: Do your orders include stay-away, personal conduct requirements, or the surrender of firearms?
If you have any questions, write them down. You’re going to need reliable answers from a reputable source, and that means bringing in professional legal guidance.
Consult a Los Angeles Civil Harassment Lawyer
The ideal person to bring your questions to is a criminal defense attorney who has experience assisting Los Angeles residents with civil harassment restraining order hearings. Not only can a seasoned legal professional explain the process of fighting a restraining order to you, but we can also draw upon the skills we use to defend against criminal charges to build a strong case on your behalf.
Prepare for the Court Hearing
There’s a lot riding on the outcome of this court hearing. If the restraining order against you is granted, you will be forced to comply with the restrictions or else risk criminal consequences, like jail time, for the entire time the order is in effect. That could be up to five years. Because you may have to avoid not only the protected person but also the places the alleged victim regularly visits, you may have to change your routine in numerous ways that negatively affect your life.
Take the approaching court hearing seriously. Your Los Angeles civil harassment restraining order lawyer can assist you in preparing to appear in court and gathering the evidence that supports your arguments against granting a restraining order.
What If I’m Facing Criminal Charges, Too?
Having a restraining order petition filed against you is not the same as being charged with a crime. You aren’t facing potential jail time just because someone has asked for a restraining order against you. However, the alleged harassment that gave rise to the restraining order petition may also have other criminal consequences.
If you’re facing criminal charges of stalking, harassment, assault, battery, or other offenses, you will need an attorney to defend you against these charges as well as assist you with the restraining order hearing. Having an attorney involved in your restraining order matter becomes particularly important because any declarations you make at the civil restraining order hearing could be used against you in your criminal case. Taking the restraining order hearing lightly now might compromise your ability to defend against serious criminal charges later, when the stakes are even higher.
Turning to a trusted California criminal law attorney to assist you with both related legal issues can help protect your freedom and minimize the consequences of this situation on your life.
Effective Defenses Against Civil Harassment Restraining Orders and Related Offenses
If you believe that your actions don’t amount to acts of unlawful violence, assault, credible threats, or a pattern of harassing behavior that would constitute civil harassment, you may fight the petition for a restraining order. A Los Angeles civil harassment lawyer can help you present your case at the court hearing.
As we work to demonstrate that your alleged actions don’t constitute good cause for issuing a restraining order or challenge the prosecutor’s criminal case against you, we may consider legal strategies based on arguments like the following:
- False accusations
- Mistaken identity
- Lack of intent to harass the alleged victim
- Actions taken in self-defense or the defense of others
- Consent of the alleged victim to the behavior
- Rights violations and improper procedures for gathering evidence
- Insufficient evidence to establish good cause for granting a restraining order or guilt beyond a reasonable doubt in criminal charges
Feasible outcomes in restraining order cases depend on the specific facts of your situation. We may be able to help you persuade a judge not to issue a restraining order or advocate for less restrictive conditions if the order is granted. In the criminal case against you, we may be able to get charges dropped or downgraded, present a strong case at trial to achieve a not-guilty verdict, or advocate for reduced sentences.
Penalties for Restraining Order Violations
Under a restraining order, just being within a certain distance of the victim may constitute a restraining order violation. If you are accused of violating a restraining order—whether the stay-away order or another restriction—you could face serious criminal penalties.
Section 273.6 of the California Penal Code establishes the penalties for violating a restraining order. The first offense of a restraining order violation can be punished by up to one year of imprisonment in county jail and up to $1,000 in fines. Subsequent violations may be punished more harshly, potentially subjecting the defendant to minimum prison sentences and higher fines. These penalties are in addition to the consequences you could face if the violation also involved a separate crime, such as assault or battery of the protected person or someone else.
Fighting a Restraining Order in California
Once the person petitioning for the protective order submits a Request for Civil Harassment Restraining Orders form and other related forms, you will receive a court date and, potentially, a notice of any temporary restraining order (TRO) the judge has granted in your case. This temporary restraining order will take effect immediately. If you violate this order, you may face criminal charges.
Before the restraining order court hearing, the defendant must be served with a copy of this order by a process server or other qualified people, such as an attorney, and proof of service must be filed to the court. You should go to the court hearing, but merely attending is not enough. You need to be prepared with evidence in your favor, an understanding of courtroom rules and conduct, and a compelling argument not to grant a permanent restraining order against you.
This is a tall order for anyone without a legal background to accomplish on their own, especially in the relatively short time you are given to build your case. If you’re serious about fighting the restraining order petition, you should involve an experienced civil harassment restraining order attorney in Los Angeles, CA, in your case.
The court hearing before the judge allows you to fight the alleged victim’s efforts to place a restraining order on you. In California, the Code of Civil Procedure governs restraining orders against strangers or non-domestic acquaintances. Your attorney will use these laws as the basis upon which to defend you.
For the plaintiff to successfully request a restraining order, they will have to provide admissible evidence that the alleged harassment has caused reasonable psychological distress. There must also be evidence that, unless the court issues a restraining order against the accused, the plaintiff will suffer severe and lasting harm or fall victim to violence. With the help of your attorney and the evidence in your favor, you can highlight weaknesses in the alleged victim’s arguments of harassment and refute any untrue or exaggerated claims of your supposed pattern of abuse or threatening behavior.
How The Law Offices of Christopher Chaney Can Help
Our attorneys are here to provide comprehensive support for the restraining order process. We understand the specific challenges that impact both petitioners seeking protection and defendants fighting wrongful restrictions.
Comprehensive Assistance From a Civil Harassment Protective Order Attorney in Los Angeles, CA
We recognize how distressing harassment can become, and we’re committed to helping petitioners secure the full protections available to them. We’re here to help with every stage of getting a restraining order, from filing out the forms needed to initiate the process to preparing arguments that effectively demonstrate the danger the defendant poses to you.
If you believe that a California civil harassment restraining order has been unfairly petitioned against you, having solid legal assistance is essential. With our extensive criminal defense background, The Law Offices of Christopher Chaney can help you present the most compelling case possible for denying the restraining order petition.
Areas Where a Los Angeles Civil Harassment Lawyer at The Law Offices of Christopher Chaney Can Assist You
Our restraining order attorneys help clients all over Los Angeles fight unreasonable restraining orders. Whether you live, work, or have been served papers in Hollywood, Beach Cities/LAX, Westside, Pasadena, or Downtown L.A., you can count on us to bring to your case decades of legal defense experience.
Why Choose The Law Offices of Christopher Chaney as Your Los Angeles Civil Harassment Restraining Order Lawyer?
For a Los Angeles civil harassment restraining order lawyer you can count on, turn to The Law Offices of Christopher Chaney. Our firm is known for our success handling restraining order matters, our strategic approach to case planning, and the comprehensive legal guidance we provide our clients.
A Firm at the Forefront of Restraining Order Cases in Southern California
Our reputation as a top restraining order law firm in the region is based not only on the number of cases we handle annually but also on our impressive record of success. We know how important the outcome of your case is to your future, and we’re prepared to fight tirelessly for the most favorable resolution possible.
Diligent Investigation and Strategic Case Planning
Your success in getting a restraining order granted or defending against unfair restrictions depends on the strength of your arguments for or against the court order. Our firm is committed to building the strongest possible cases for our clients through strategic case planning and diligent investigations. We aid our clients by gathering all of the evidence that supports their case and presenting it in an organized, compelling manner to best persuade the judge to side with you.
Comprehensive Assistance for Legal Issues
We not only know all the ins and outs of the restraining order process, but we also know how these issues can apply to related situations. Whether you need guidance as to how to move forward with attaining all forms of legal protections available to you or help to defend against criminal charges arising out of the incidents that led to this situation, we provide a full array of assistance.
Contact a Los Angeles Civil Harassment Restraining Order Lawyer at The Law Offices of Christopher Chaney Today for a Free Consultation
Restraining order cases involve tight timelines, high stakes, and the need to build a strong case in your favor efficiently without risking violations of a temporary court order. The sooner you bring on skilled legal guidance, the better a position you are in to address these legal issues effectively.
For help from a civil harassment protective order attorney in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call 818-330-5198 today.
