What is a Civil Harassment Restraining Order

Harassment is a serious concern in California and throughout the United States, and under California law, any person who suffers a credible threat to his or her health or well-being because of another person’s repeated statements or actions, has the right to file a civil harassment restraining order against that person, to stop further abuse and harassment. However, some restraining orders in San Diego are based on misunderstandings, exaggerations, or false claims of harassment and violence, and the abuse of these civil harassment laws may result in the unfair revocation of the restrained person’s civil rights and liberties, including the right to go and do as one pleases and the right to bear arms. If you believe you have been falsely accused of harassment in San Diego, and you have a civil harassment restraining order against you, contact San Diego Domestic Violence Attorney, today at (619) 430-2355 to speak to a qualified restraining order defense attorney about your legal options.

A Civil Harassment Restraining Order Explained

The California legal system defines civil harassment as abuse, threats of abuse, sexual assault, stalking or serious harassment by someone the victim has not dated and does not have a close relationship with. Under California Code of Civil Procedure § 527.6, any person who has suffered harassment by other person that threatened his or her health or well-being may seek a temporary restraining order against that person, prohibiting such harassment. A person may seek protection if he or she is being stalked, threatened, sexually assaulted or harassed, and pursuant to Code of Civil Procedure 527.6(b), the conduct must be such as would cause a reasonable person to experience significant emotional distress, and must actually cause significant emotional distress to the victim.

A civil harassment restraining order differs from a domestic violence restraining order in that the person doing the harassing has no close family or domestic relationship with the person being harassed. For example, a civil harassment restraining order may involve a neighbor, roommate, friend or stranger, while a domestic violence restraining order typically applies to a current or former spouse, intimate partner or other close family relative. Other types of protective orders in San Diego include workplace violence restraining orders and elder or dependent adult abuse restraining orders. It is possible to have more than one restraining order filed against you, especially when criminal prosecution is involved, and if you have a criminal protective order against you, it takes priority over any other type of restraining order.

What a Civil Harassment Restraining Order Means for You

If you have had a civil harassment restraining order filed against you in San Diego, you may be ordered by the court to stay away from the victim and his or her family, as well as the victim’s home or work, and the victim’s children’s school. The order may prohibit you from doing other things as well, including owning or possessing a firearm or ammunition for up to five years, or until the order expires, and may also affect your immigration status. It’s important to understand the terms of the restraining order so you know what you are required to do and prohibited from doing. For example, a civil harassment restraining order cannot order you to move out of your home, force you to pay child support to the victim, or make orders for child custody or visitation. It also cannot order you to move out of a rental property that the victim owns, nor can it order you to stop creating a nuisance that doesn’t involve harassment. It can, however, significantly affect your personal freedoms, and having a restraining order on your record can even affect future employment or residential opportunities.

When someone petitions for a civil harassment restraining order against you, the court will decide within 24 hours whether or not to grant the order. If the court issues a temporary restraining order, it will last until your hearing date, at which point the judge will decide to continue or cancel the order. If the restraining order is extended, it could last for up to five years, during which time you will be subject to the terms of the order, which may include staying away from the protected person and his or her family members, and not owning, possessing, receiving, purchasing, or attempting to receive or purchase a gun or ammunition. In the months before the order expires, it can be renewed by the protected person for up to an additional five years. Unfortunately, a renewal of the restraining order does not require the protected person to show that you have harassed him or her since the last order; it is simply up to the judge to decide whether or not to extend the order.

Violating a Civil Harassment Restraining Order

Violating a restraining order in San Diego is a serious offense. If you violate the terms of a civil harassment restraining order, by contacting or harassing the protected person or persons, or by purchasing or possessing a firearm, you could be arrested and charged with a crime, punishable by up to one year in a county jail, a maximum fine of $1,000, or both. Fortunately, there are some legal defenses you may be able to use if you have been charged with violating a civil harassment restraining order, including:

• Lack of knowledge – You didn’t know the restraining order existed
• Lack of intent – You didn’t understand the terms of the order and therefore did not intentionally violate the terms
• False allegations – Claims that you violated the restraining order are untrue
• Illegal issuance – The original restraining order wasn’t legally issued

Hiring an Attorney to Protect Your Rights

If you have been served with a civil harassment restraining order in San Diego, or if you violated the terms of a restraining order, hire an experienced attorney as soon as possible to represent your case. At San Diego Domestic Violence Attorney, our attorneys have experience protecting the rights of individuals who have been falsely accused of harassment, and those who have unintentionally violated a restraining order, either because they didn’t know about the order, or because they didn’t realize their actions constituted a violation of the court orders. When someone petitions to have a civil harassment restraining order filed against you, you should go to the hearing to explain your side of the story, and bring any witnesses with you who can clarify the situation and speak for your character. At the hearing, the judge may implement court orders against you for up to five years, so it’s important that you tell the judge at this time why you disagree with the orders requested.

Free Restraining Order Consultation in San Diego

Civil harassment restraining orders can have serious consequences that may last long after the order itself expires. For example, while this type of restraining order is civil in nature, violating the restraining order may be considered a criminal offense and prosecuted as contempt of court. In addition, a civil harassment restraining order will appear on your criminal record, which means anyone who runs your record for employment, probation or immigration purposes will see that someone has or had a restraining order against you. Even if you move out of California, the restraining order still applies, and you will be required to notify your new local police about the orders. If you are facing a civil harassment restraining order in San Diego, contact San Diego Domestic Violence Attorney, today for a free consultation. Our attorneys have experience protecting the rights of individuals falsely accused of harassment, and those who violate the terms of a civil harassment restraining order, and can help you defend yourself in court.