A person who has suffered harassment by another person may seek a civil harassment protective order. Harassment is defined as:
- Unlawful violence;
- A credible threat of violence; or
- 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.
Pursuant to California Code of Civil Procedure § 527.6(b), the course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim.
The restraining order can include restraints on personal conduct by the batterer, order the batterer to stay away from the victim’s home/work and/or children’s school, and other miscellaneous orders. There is no requirement that there be a relationship between the victim and a batterer in order to obtain the protective order. There must, however, be recent acts of harassment.
If you feel that you may have a potential case pertaining to family law please call (805) 879-7523 or click here to email us and have an attorney contact you about your case.