What Can I Do if a Family Member Is Harassing You
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What Is Ceremonious Harassment?
In general, ceremonious harassment is abuse, threats of abuse, stalking, sexual assail, or serious harassment by someone you have non dated and practice not have a close human relationship with, like a neighbor, a roommate, or a friend (that you have never dated). Information technology is also civil harassment if the abuse is from a family member that is not included in the list nether domestic violence. So, for instance, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and non domestic violence.
The ceremonious harassment laws say "harassment" is:
- Unlawful violence, similar assault or bombardment or stalking, or
- A apparent (real) threat of violence, and
- The violence or threats seriously scare, badger, or harass someone and there is no valid reason for information technology.
"Credible threat of violence" means intentionally maxim something or interim in a manner that would make a reasonable person afraid for his or her safety or the safety of his or her family unit. A "credible threat of violence" includes following or stalking someone, making harassing calls, or sending harassing messages, past phone, mail service, or e-mail service, over a menses of time (even if it is a brusk time).
Read nearly the police force in Code of Civil Procedure section 527.6.
Ceremonious Harassment Restraining Orders
A ceremonious harassment restraining order is a courtroom lodge that helps protect people from violence, stalking, serious harassment, or threats of violence.
You tin inquire for a civil harassment restraining lodge if:
- A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed yous, and
- Y'all are scared or seriously annoyed or harassed.
Generally, for civil harassment restraining orders, the person you lot want to restrain is not:
- Your spouse/partner or former spouse/partner,
- Someone you dated at any indicate, or
- A close relative (parent, kid, brother, sister, grandmother, grandfather, in-constabulary).
If you have a close relationship like one of these, consider whether a domestic violence restraining order is best for your state of affairs.
In a civil harassment restraining society, y'all tin can ask to restrain:
- A neighbor,
- A roommate,
- A friend,
- A family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more than distant relatives, or
- Other people you are not closely related to.
IMPORTANT: If yous are 65 or older or a dependent adult, you can file a civil harassment restraining lodge confronting someone you are not close to, only you tin can also file an elder or dependent developed abuse restraining gild, which may exist amend for you considering you may exist able to go more than help before, during, and after the court case.
If you do not qualify for a civil harassment restraining order, at that place are other kinds of orders you may be able to ask for:
- Domestic violence restraining order (for protection from people you lot were involved with romantically at some point or close family members). Get more than information on getting a domestic violence restraining club.
- Elder or dependent adult corruption restraining club (if the person being abused is 65 or older, or between 18 and 64 and a dependent developed). Get more than data on getting an elder or dependent adult abuse restraining guild.
- Workplace violence restraining gild (filed past an employer to protect an employee from violence, stalking, or harassment by some other person). Go more information on getting a workplace violence restraining lodge.
If y'all are not sure what kind of restraining social club you should go, talk to a lawyer. Click for aid finding a lawyer. Too, your court's family law facilitator or self-help eye may exist able to assist you. And your local legal services offices may also be able to help you or refer y'all to someone who can.
If y'all think you take a civil harassment case simply would like information about trying to resolve information technology out of court, click to watch the video Resolving Your Ceremonious Harassment Case in the California Courts (as well available in Spanish).
What Can a Restraining Order Do?
A restraining club is a court order. It tin order the restrained person to:
- Non contact you lot or whatever fellow member of your household;
- Not become nigh you, your children, or others who live with you, no matter where you become;
- Stay away from your piece of work, your school, or your children's schoolhouse; or
- Not have a gun.
Once the court issues (makes) a restraining lodge, information technology goes into a statewide computer system. This ways that law enforcement officers across California tin can see there is a restraining order in place.
Upshot of a Restraining Society on the Restrained Person
For the person to exist restrained, the consequences of having a court order against him or her can be very astringent.
- He or she will not exist able to go to certain places or to practice certain things.
- He or she will generally not be able to own a gun. (And he or she will have to plough in, sell or shop any guns he or she has and will non be able to buy a gun while the restraining order is in issue.)
- The restraining guild may touch his or her immigration condition. If you are a person to be restrained and you lot are worried about this, talk to an immigration lawyer to find out if you volition be affected.
If the person to be restrained violates the restraining guild, he or she may become to jail, or pay a fine, or both.
Types of Civil Harassment Restraining Orders
Emergency Protective Order (EPO)
An EPO is a blazon of restraining order that only law enforcement can ask for past calling a judge. Judges are available to issue EPOs 24 hours a twenty-four hour period. Then a police force officeholder that answers a phone call because of serious violence or a serious threat can ask a guess for an emergency protective order at any fourth dimension of the day or night. For civil harassment cases, EPOs are only available in cases of stalking. If y'all are being stalked, you tin call the police and inquire for an EPO.
The emergency protective social club starts immediately and can terminal up to 7 days. The guess can social club the calumniating person to leave the home (if they live with you) and stay away from you for upwardly to a week. That gives y'all enough fourth dimension to go to courtroom to file for a temporary restraining order.
To get a more permanent society, you first must ask the court for a temporary restraining club (besides chosen a "TRO").
Temporary Restraining Order (TRO)
When y'all go to court to inquire for a civil harassment restraining guild, y'all fill out paperwork where you lot tell the approximate everything that has happened and why you need a restraining society. If the judge believes you need protection, he or she volition give you a temporary restraining order.
Temporary restraining orders usually last about 20 to 25 days, until the court hearing engagement.
"Permanent" Restraining Order (Restraining Order After Hearing)
When you go to courtroom for the hearing that was scheduled for your TRO, the judge may issue a "permanent" restraining gild. They are non really "permanent" because they unremarkably last up to 5 years.
Criminal Protective Gild or "Stay-Away" Social club
Sometimes, when there is an incident of violence or astringent harassment (or series of incidents), the district chaser will file criminal charges confronting the person committing the violence. This starts a criminal court instance going. It is common for the criminal court to effect a criminal protective society against the defendant (the person who is committing the violence and abuse) that is effective while the criminal case is going on, and, if the defendant is establish guilty or pleads guilty, for 3 years after the case is over.
The Restraining Order Process
When someone asks for a civil harassment restraining society in court, they have to file courtroom forms telling the judge what orders they want and why. What happens after that varies a little from courtroom to court, but the full general steps in the courtroom case are:
1. The person wanting protection files courtroom forms asking for the ceremonious harassment restraining society.
2. The judge will decide whether or not to make the order by the next business day. Sometimes the guess decides sooner. Then, the clerk will set a date for a hearing.
3. If the estimate grants (gives) the orders requested, he or she will offset make "temporary" orders that simply last until your courtroom date. The court date will be on the paperwork. These temporary orders can include issues similar:
- Ordering the restrained person to have no contact (including no phone calls or e-mails) with the protected person (and other protected people); or
- Ordering the restrained person to stay away from the protected person (and other protected people).
4. The person asking for protection will take to "serve" the other person with a copy of all the restraining guild papers earlier the court date. This means that someone xviii or older (NOT involved in the case) must paw-deliver a copy of all the papers to the restrained person.
v. Both sides become to the court hearing.
- If the protected person does non become to the hearing, the temporary restraining order will usually end that day and at that place will no longer be a restraining social club.
- If the restrained person does not go to the hearing, he or she will take no input in the example and his or her side of the story will not exist taken into account.
half dozen. At the hearing, the judge will make up one's mind to go along or abolish the temporary restraining order. If the gauge decides to extend the temporary gild, the "permanent" social club may final for upwards to 5 years.
Read Enquire for a Restraining Social club for detailed instructions on how to ask for a civil harassment restraining order.
Read Answer to a Restraining Order for detailed instructions on how to reply a asking for a civil harassment restraining order.
Getting Help
You practise not demand a lawyer to inquire for (or respond to) a restraining order. Only it is a good idea to accept a lawyer. Click for help finding a lawyer.
The court process can be confusing and intimidating. Both people will have to see each other in court, and both will have to tell the judge details of what happened in a public courtroom. Having a lawyer tin can help make the process easier to handle.
If y'all would like information about trying to resolve your civil harassment dispute out of court, click to sentinel the video Resolving Your Civil Harassment Instance in the California Courts (also available in Spanish).
For the person asking for protection
Your city or county may have legal assist agencies that help people inquire for civil harassment restraining orders, just it usually depends on the blazon of abuse or harassment. For instance, if y'all have been sexually assaulted, you may exist able to get assistance from legal aid or a domestic violence agency. Sometimes, these agencies will likewise help with stalking cases. And they may assistance in other situations. It is hard to know whether you lot will qualify for help without knowing the specific situation you lot are in.
So if you need a civil harassment restraining order, no matter why, start try to get help from your local legal aid bureau. If they cannot help you, they may exist able to transport you to someone who tin.
Click for help finding a legal help agency in your area.
Your court's self-help center may besides be able to help you with the ceremonious harassment restraining guild or refer you to someone who tin.
For the person responding to a restraining order
It is more difficult to observe complimentary or depression-cost legal assist if you are responding to a asking for a ceremonious harassment restraining order. But you should still try since legal aid agencies have different guidelines, and your local bar association may have a volunteer lawyer program that can help you. Click for aid finding a lawyer.
Your court's cocky-help center may as well exist able to assistance you lot respond to the restraining order or refer you to someone who tin can.
Other resources
For victims of abuse:
- National Domestic Violence Hotline
1-800-799-7233
TDD: one-800-787-3224
Phone call 24 hours a twenty-four hours, seven days a week. They tin can assist you in more than than 100 languages. Information technology is gratis and individual.
The National Domestic Violence Hotline links you to the following resource in your community:
- Emergency shelters
- Legal help
- Social service programs
The website as well provides a lot of information to help you get protection.
- California Department of Public Health Violence Prevention Resources Directory
This site lists help by county, similar:
- Legal assist with your restraining guild
- Victim witness assist programs
- Counseling services for victims of violence
- Crisis hotlines
For perpetrators of violence and corruption:
- California Section of Public Health Violence Prevention Resource Directory
This site lists assistance by county. - If you need an "approved" batterer intervention program, contact your county probation department.
Source: https://www.courts.ca.gov/1044.htm