Civil Harassment Restraining Order

A Civil Harassment Restraining Order applies if you are being harassed, threatened, abused, or stalked by someone that you are not in a close relationship with or were not in such a relationship with previously. Call (619) 500-1289 or Contact Attorney Timothy Riley and he can advise you and help you through all aspects of a Civil Harassment Restraining Order.

What Qualifies for a Civil Harassment Restraining Order?

California law allows you to obtain a Civil Harassment Restraining Order if the person you wish to have restrained is not related to you. This can be a friend, a co-worker, a roommate (that you do not have a prior dating relationship with), a stranger, or any similar relationship. Once you have determined that you qualify for a Civil Harassment Restraining Order, you will need to complete and file the appropriate paperwork with the court, a Request for Civil Harassment Restraining Orders.

How do I File a Civil Harassment Restraining Order?

Filing a Request for Civil Harassment Restraining Orders and waiting for a ruling on a Temporary Restraining Order is an all-day process. You may be required to stay at the courthouse the entire time. You should also be prepared to spend the whole day at the courthouse on the day of your hearing. The standard of proof in these hearings is relatively high and is known as “clear and convincing.” This standard must be met by the Petitioner for the court to issue a Civil Harassment Restraining Order. If the judge grants your request, a Restraining Order will be issued against the Respondent for a period of up to five years. The duration of the order is up to the discretion of the judge. At the court hearing you will have the opportunity to share evidence and testify as to why the judge should order a Civil Harassment Restraining Order. This will also be the Respondent’s chance to defend themselves.

Call Attorney Timothy Riley at (619) 500-1289 or contact him here for a consultation.

How do I Serve the Other Party with a Civil Harassment Restraining Order?

After you receive a decision regarding a Temporary Restraining Order, you will need to personally serve the other party (the “Respondent”) with a Notice of Hearing, the Temporary Restraining Order, and you Request for Civil Harassment Restraining Orders. This must be done more than five days before the court hearing and by an adult, over the age of 18, who is not you.

In San Diego County, most Restraining Orders qualify for free service by the San Diego Sherriff’s Department. If your case does not qualify for free service, you may be entitled to a fee waiver based on your income. If you are currently being harassed, we can help you prepare and file a Request for Civil Harassment Restraining Orders and litigate your case in court.

Call San Diego Restraining Order Attorney Timothy Riley at (619) 500-1289 or contact him here for a consultation.