Civil Harassment Information
For a helpful tutorial video regarding civil harassment, click here.
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.
A person who has suffered harassment may seek a civil harassment protective order. Civil harassment restraining order forms, information sheets and fee waiver packets are available at most of the Courthouses, as well as the Facilitator's Office and Centro De Recursos Legales. There is a charge for these forms and depending upon circumstances, there could be a filing fee.
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.