Civil Harassment Restraining Order
Civil Harassment Restraining Orders
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Civil Harassment Restraining Order
Civil Harassment Restraining Orders
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HELP PUT A STOP TO HARASSMENT, STALKING, ABUSE & THREATS
In California, a person can seek a Civil Harassment Restraining Order (“CHRO”) to prohibit a person from engaging in harassing, abusing, stalking, or threatening conduct to him or her. CHRO’s are intended to protect a person from harm and threats of harm from someone else. When properly brought before a Court, a permanent order can remain in place for a period of up to five years and can prohibit the restrained person from engaging in a wide variety of harassing conduct. Violating the terms of a CHRO is a crime governed by Penal Code 273.6 and can lead to misdemeanor charges in most cases. A violation of Penal Code 273.6 is punishable by up to one year in county jail and/or a fine of up to $1,000.00.
CHRO’s are often compared to domestic violence restraining orders (“DVRO”), but the difference between a CHRO and DVRO concerns “who” the order is sought against. A DVRO is intended to protect a person from another where a close relationship exists (e.g., spouse, member of household, etc.). A CHRO, on the other hand, can be sought against a neighbor or even a roommate. CHRO’s also differ from the other types of restraining orders in California, including elder abuse restraining orders (“EARO”) and Workplace Violence Restraining Orders (“WVRO”).
Civil harassment is conduct that is prohibited by statute as defined in Code of Civil Procedure Section 527.6. “Harassment” generally includes unlawful violence (such as assault, battery, or stalking), a credible threat of violence, and/or conduct that is annoying or harassing that serves no legitimate purpose. Harassing conduct can include telephone calls, email, or social media messages, and must be directed at the protected party by someone who is not in a “close relationship.” This means that a CHRO cannot be obtained against a spouse, ex-spouse, domestic partner, and/or cohabitant. The harassing conduct must also cause substantial emotional distress.
In order to obtain a CHRO, the protected person must complete the necessary restraining order forms (CH-100) and file them with the Court. A Judge will then decide whether or not to issue a Temporary Restraining Order (“TRO”) within one business day. A TRO is generally granted where there is a risk of physical harm to the protected party. The clerk of the Court will then set a date for hearing where the protected party will present its evidence in support of permanent orders. If a TRO is granted, it will last until the Court date set by the Clerk.
The protected party must then serve the offending party with a copy of the appropriate restraining order papers in advance of the hearing date. This means that someone who is not involved with the matter who is at least 18 years old must hand-deliver a copy of all the papers to the restrained person.
At the hearing a Judge will hear the evidence presented by both parties and will decide whether to continue the TRO or make a “permanent” restraining order (also referred to as an Order After Hearing) that can last up to five years.
Following a hearing on a CHRO, a Judge may restrain a wide variety of conduct in order to sufficiently protect a person from further harassment. This may include limitations on the places where a restrained person may go, the activities that a restrained person may engage in, and/or the times that the restrained person may do each. The restrained person may also be ordered not to contact the protected party (including no phone calls, emails, or social media messages).
Following the granting of a personal conduct order, a restrained person must turn in all guns and may not possess or purchase a gun while the restraining order is in effect.
Where an incident of severe harassment or violent conduct is at issue, the Court can also issue a criminal protective order or “stay-away” order. These matters may be referred to the district attorney who may elect to file criminal charges against the offending party.
In order to obtain a CHRO, the protected party must prove by clear and convincing evidence that the harmful conduct has occurred, and that the protected party has suffered substantial emotional distress. Clear and convincing evidence is the highest evidentiary burden in a civil matter and requires a showing that there is a “high probability” that a fact is true and requires that the evidence “leave no substantial doubt” as opposed to something simply being more likely than not. Although there is no California statute that defines what is “clear and convincing,” case law makes clear that the evidence presented must demonstrate more than a “he said, she said” scenario. Often clear and convincing evidence can be demonstrated by video, audio, and/or photographic evidence, although such evidence is not required.
A violation of a CHRO is a crime pursuant to California Penal Code 273.6. In most cases, the violation of a CHRO may be charged as a misdemeanor, punishable by up to one year in county jail or a maximum fine of $1,000.00. A CHRO that is repeatedly violated, however, can result in the offender being charged with a felony which is punishable by up to three years in county jail and/or a fine of up to $10,000.00.
While an attorney is not required either to seek or defend against the imposition of a CHRO, legal representation is recommended. While parties are free to represent themselves in CHRO proceedings, the consequences of failing to obtain a CHRO or failing to properly defend against a CHRO may be dire. For example, an unrepresented party who fails to obtain a CHRO against a party who has legal representation may be ordered to pay the opposition’s legal costs. A prevailing party in a CHRO proceeding may be entitled to recovery of attorneys’ fees and costs at the discretion of the Court.
Further, failing to defend against a CHRO may result in catastrophic consequences. The imposition of a CHRO is a fact that must be disclosed in many employment applications and may result in a change in immigration status. The issuance of a CHRO may also result in prohibitive personal conduct orders, but will also result in the inclusion of the offending party in the California Law Enforcement Telecommunications System “CLETS.” The CLETS system is a computer network that gives police departments access to national databases maintained by the State and Federal Government.
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No matter what problem you need to solve, our dynamic team will present a creative, intelligent solution based on our decades of experience and proven success. We bring a wealth of industry knowledge and a deep understanding of nuanced business and real estate issues. We’re well-equipped to handle your most challenging matters, whether at the negotiating table or in the courtroom.
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Initial Consultation
At our initial consultation, we will discuss the facts, timeline, and any documents you provide regarding your dispute. We will discuss what legal strategies and options you may have based on the information provided to us during the initial consultation as well as the expedited statutory timeline for proceeding in a disputed Civil Harassment Restraining Order (“CHRO”) matter.
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Due Diligence Analysis & Preparation of Evidence
The next stage of our representation is for you to provide us with all relevant information and documents so that we can begin the due diligence analysis of your case. Then, our attorneys will carefully review all your materials to ensure that the strategy discussed with you during your initial consultation is still the best strategy, or whether we need to alter that strategy to more effectively pursue your goals. The success of any party in a civil harassment proceeding depends on the ability of the party to show by “clear and convincing evidence” that the harassment has or has not occurred. Our firm will assist you with the preparation of your evidence including the presentation of photographs, videos, and witness statements to effectively demonstrate that harassing events either did or did not occur.
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CHRO Petition and Evidentiary Hearing
In every civil harassment case, each party is afforded the opportunity to file an initial pleading, including a statement of the applicable facts that is submitted under the penalty of perjury. Our attorneys will help you prepare and file the appropriate paperwork, and have it served on the opposition within the time prescribed by statute. Then, our attorneys represent you and present evidence on your behalf to the Court in the most effective and efficient manner possible to either obtain or defend against the imposition of a civil harassment restraining order.
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