Civil Harassment Restraining Orders differ from Family Law Domestic Violence Restraining orders in that the person harassing you (the respondent) is not a close family member and does not reside with you. A person may petition for protection if:
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The respondent's conduct is intentional;
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The respondent has committed a series of acts (more than one) which seriously alarm, annoy, or harass the plaintiff;
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The petitioner has suffered severe emotional distress; and
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The respondent's conduct has no legitimate reason and is not protected by the Constitution.
The packet of forms necessary to apply for a Civil Harassment Restraining Order is available in Room 103 of the Court House from 9:00 a.m. to 3:00 p.m. Monday through Friday, except for Court holidays. The forms may also be downloaded from the California Courts Online Self Help Center.
The completed forms must be filed with the Civil Legal Process Clerk. A filing fee is required if there is no evidence of physical violence. A Judge will determine if a fee is required. You may also apply for a fee waiver.
Filing the Petition: If you have an immediate need for a restraining order, the clerk will take your filed documents to a judge for review and a decision on a Temporary Restraining Order. If your application is granted, a Temporary Restraining Order will be issued and a hearing will be set for the parties to appear in court. This Temporary Restraining Order is only valid until that court date. The petitioner must pick up the documents from the clerk. It is the responsibility of the petitioner to have the respondent personally served by a person over the age of 18 not a party to the case. In addition, the petitioner must submit a copy of the filed paperwork to the appropriate law enforcement agencies. Proof of service for the respondent must be filed with the court before the date scheduled for the hearing.
Continuing a Civil Harassment Court Date: There are two ways you can continue your court date on your Civil Harassment case:
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If the respondent has not been served, the petitioner must complete and file the form entitled “Application and Order for Reissuance of Order to Show Cause (Harassment)," CH-125. A copy of the petitioner's prior Application for Civil Harassment Restraining Order must be attached to the form. The form must be filed before the scheduled date of the hearing.
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A request for continuance may be made orally during the court hearing. If the judge grants the request, the Application and order for Reissuance will be signed enabling the petitioner to get a new hearing date.