In California, a civil harassment restraining order serves as a crucial shield against threats, abuse, stalking, or harassment from individuals with whom one does not share a close relationship. These harassment restraining orders can affect many individuals in criminal cases as well.
Our dedicated team, led by former prosecutor Pedro Bernal, stands ready to assist you. With extensive experience in criminal defense, Bernal Law is fluent in both English and Spanish, ensuring effective communication and understanding. Let us advocate for your rights, provide guidance through the legal process, and work tirelessly to secure the protection you deserve.
What is a Civil Harassment Restraining Order?
In California, a civil harassment restraining order serves to protect individuals from threats, abuse, stalking, or harassment by someone with whom they do not share a close relationship. The protected person seeks this order against the restrained person, and it is crucial to understand the criteria for a “close relationship.” This includes individuals who are:
- Married
- Divorced
- Separated
- Domestic partners
- Dating
- Have a child together
- Live together
- Family members
- In-laws
Those fitting the criteria of someone who is not considered a close relationship include:
- Neighbors
- Roommates
- Co-workers
- Friends
The law defines “harassment” under this order as unlawful violence, credible threats of violence, or conduct that annoys or harasses the protected party. It’s important to note that a violation of the order is a crime, with potential misdemeanor charges leading to custody in the county jail for up to one year and/or a maximum fine of $1,000.
What Can the Court Order Do?
A civil harassment restraining order outlines specific acts the restrained person cannot perform concerning the protected person. Common restrictions include:
- Prohibiting the restrained person from contacting the protected person
- Visiting their family members or children
- Approaching their workplace or school
Additionally, the order often bars the restrained person from owning, possessing, or buying a firearm for the order’s duration. Violating these restrictions can result in criminal charges under Penal Code 29825 PC.
How Long Does the Order Last?
A civil harassment restraining order can be in effect for up to five years from the court date or hearing date on which it was issued. Temporary orders, like Temporary Restraining Orders (TROs), may have a shorter duration and are typically granted before a permanent restraining order. Emergency Protective Orders (EPOs), lasting up to seven days, can be issued by law enforcement responding to domestic violence calls.
These orders require judicial approval from the Superior Court of California. To understand more about these orders, reach out to our team at Bernal Law today for more information.
Contact an Experienced Restraining Orders Attorney Today
The legal system provides a framework for securing one’s safety through these orders, each carrying specific restrictions designed to shield individuals from harm. Whether facing immediate threats or taking preemptive measures, knowledge of the process empowers individuals to navigate the legal process effectively.
If you or someone you know needs help navigating the complexities of a civil harassment restraining order, Bernal Law is here to help. With a wealth of experience, Attorney Pedro Bernal and his team offer compassionate and effective legal assistance. Fluent in both English and Spanish, Bernal Law strives to ensure clear communication, understanding, and unwavering advocacy for your safety. Reach out to Bernal Law today by visiting our website and completing our online contact form or calling (619) 736-9092.
