Civil Harassment
Restraining Orders -- Domestic Violence and Civil Harassment
Domestic Violence
Domestic Violence Restraining Orders are available if you have a “close” relationship with the person you wish to restrain such as: Married or registered domestic partners, Divorced or separated, Dating or used to date, Living together or used to live together (more than roommates), Parents together of a child, OR Closely related (parent, child, brother, sister, grandmother, grandfather, in-law). If you don’t have one of these relationships, you can apply for a Civil Harassment Restraining order.
The actions which can lead to Domestic Violence Restraining Orders are: Physically hurting or trying to hurt someone, intentionally or recklessly; Sexual assault; Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going.
Many people are under the misconception that the abuse in Domestic Violence or Civil Harassment has to be physical abuse. This is not the case. Abuse can be verbal, emotional, or psychological. You do not have to be physically hit to be abused. Abuse often takes many forms. Many abusers use a combination of tactics to control and have power over the person being abused.
Domestic Violence Restraining Orders are entered into a statewide system called the California Law Enforcement Telecommunications System ("CLETS"). This enables law enforcement officers to check on your restraining order. It’s best to carry a certified copy of your restraining order and the proof of service with you at all times.
Civil Harassment
Civil Harassment Restraining Orders can be obtained against people who don't qualify for Domestic Violence Orders.
In California, Civil Harassment is 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.
Course of conduct is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or computer email.
For more information contact us.
Domestic Violence
Domestic Violence Restraining Orders are available if you have a “close” relationship with the person you wish to restrain such as: Married or registered domestic partners, Divorced or separated, Dating or used to date, Living together or used to live together (more than roommates), Parents together of a child, OR Closely related (parent, child, brother, sister, grandmother, grandfather, in-law). If you don’t have one of these relationships, you can apply for a Civil Harassment Restraining order.
The actions which can lead to Domestic Violence Restraining Orders are: Physically hurting or trying to hurt someone, intentionally or recklessly; Sexual assault; Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going.
Many people are under the misconception that the abuse in Domestic Violence or Civil Harassment has to be physical abuse. This is not the case. Abuse can be verbal, emotional, or psychological. You do not have to be physically hit to be abused. Abuse often takes many forms. Many abusers use a combination of tactics to control and have power over the person being abused.
Domestic Violence Restraining Orders are entered into a statewide system called the California Law Enforcement Telecommunications System ("CLETS"). This enables law enforcement officers to check on your restraining order. It’s best to carry a certified copy of your restraining order and the proof of service with you at all times.
Civil Harassment
Civil Harassment Restraining Orders can be obtained against people who don't qualify for Domestic Violence Orders.
In California, Civil Harassment is 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.
Course of conduct is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or computer email.
For more information contact us.