Restraining Orders Are A Lawful Tool To Obtain Protection From Third Parties And Strangers
In the modern age, there are a number of tools to stay connected to people. Unfortunately, these same tools can lead to abuse and harassment in the hands of the wrong people. Often, people assume that there is nothing that can be done when they are being stalked, harassed or subjected to conduct that does not rise to physical violence from third parties or strangers. This assumption is incorrect. Under Section 527.6 of the Code of Civil Procedure, parties can obtain a restraining order against an individual called a Civil Harassment Restraining Order (CHRO).
Such orders are issued when a party feels they are a victim of a continual pattern of conduct from another party – meaning, that they have been stalked or harassed in person or online; or they believe there is a credible threat of violence; and or they have been harassed, or subjected to violence, threats of violence, or a course of conduct that serves no legitimate purpose. In this respect, the law covers online stalking; in-person stalking; online harassment; in-person harassment; harassment by mail, phone, email or text; assault by the other party; threatened assault by the other party; and various other acts.
The point of a CHRO restraining order is mental and physical protection, but to obtain that, one must take affirmative action, including filing a number of court-approved forms, as well as providing a declaration under penalty of perjury to the acts. If a party has evidence, it should also be attached to the application. When the application is filed, the court will make a same-day determination on whether the CHRO should be issued on an interim basis – meaning, if the protection should last until the hearing date that the court will set. On the hearing date, the matter may be heard by the court to issue a permanent order lasting several years, or the matter may be continued for a longer more substantial trial, depending on the issues at play.
Given the severity of the remedy herein, either requesting a CHRO or defending one’s conduct against a CHRO is a serious matter.
At Sunnen Law, we handle all aspects of CHRO cases, including:
- Filing CHROs to protect victims of physical or other harassment
- Defending against maliciously filed CHROs to protect a party’s rights
- Litigation at both short cause or long cause CHRO hearings
- Renewing CHRO orders on expiration
Get Legal Advice About Restraining Orders Today!
The goal of our firm is to make sure that one is protected from harassment or one’s rights are protected from judicial harassment and false filings. Call us at 619-255-9551 or email us to request an in-person consultation as soon as possible.