When you’re being threatened, stalked, or harassed by someone who is not a close family member or romantic partner, California law provides an important legal remedy — the Civil Harassment Restraining Order (CHRO). Among the different types of San Diego restraining orders, CHROs are the most commonly filed due to their broad protection against individuals like neighbors, coworkers, acquaintances, or strangers.
In this article, we’ll explain what a Civil Harassment Restraining Order is, when it applies, how to file one in San Diego, and why hiring an experienced restraining order attorney in San Diego is often the best way to protect yourself and navigate the legal process with confidence.
Understanding Civil Harassment Restraining Order
Does your neighbor kept banging on your door at night, leaving angry notes on your car, or yelling threats when you walk by? You can ask the court to issue a CHRO to stop the harassment and protect your safety.
A Civil Harassment Restraining Order (CHRO) is a court order that protects people from threats, stalking, abuse, or serious harassment by someone who isn’t a close family member or partner — such as a neighbor, coworker, roommate, or even a stranger. It legally stops the person from contacting, harassing, following, or coming near you. CHRO can require them to stay away from your home, job, school, or vehicle, and ban contact through phone, text, email, or social media.
Eligibility Guide: When To File
You can file a Civil Harassment Restraining Order (CHRO) in San Diego when someone who isn’t a close family member or romantic partner harasses, threatens, stalks, or seriously disturbs your peace. This applies to neighbors, roommates (non-romantic), coworkers, ex-friends, and even strangers.
Under California Code of Civil Procedure § 527.6, the harassment must be intentional, unlawful, and cause substantial emotional distress—going beyond simple annoyances. For example, if a neighbor follows you, sends threats, or files false complaints, you likely qualify. The law also protects you from coworker harassment, cyberstalking, stalking, and credible threats of violence—even without physical harm.
Legal Benefits
A Civil Harassment Restraining Order (CHRO) protects you from harassment, stalking, threats, and behavior that disturbs your peace. Once the court grants the order, it immediately bans the restrained person from contacting you—by phone, text, email, social media, or in person—and requires them to stay 50–100 yards away from your home, workplace, school, or other frequent locations.
The court may also order them to stop all harassment, surrender any firearms, and in some cases, stay away from your family or household members.
A CHRO gives you strong legal protection. If the restrained person violates it, law enforcement can arrest, fine, or jail them.
How Long Is It Valid?
The duration of a Civil Harassment Restraining Order (CHRO) in California depends on the type of order. When you first file, the court may issue a Temporary Restraining Order (TRO) that lasts 21–25 days, offering immediate protection until a court hearing. For example, if a neighbor threatens you, a judge can issue a TRO the same day, ordering them to stay away and stop all contact.
At the hearing, the judge reviews the evidence and may issue a “permanent” restraining order, which typically lasts up to 5 years. The court sets the length based on how serious and ongoing the harassment is. If the threat continues, you can ask to renew the order for another 5 years—or indefinitely in severe cases.
Filing a CHRO in San Diego
The process may seem simple, but filing improperly or lacking evidence can result in denial. Here’s a quick overview of the process:
- Complete and file forms – including the Request for Civil Harassment Restraining Orders (Form CH-100).
- Get a court date – and possibly a temporary restraining order the same day.
- Serve the papers – a non-involved party must serve the respondent.
- Attend the court hearing – to request a permanent order.
For more detailed information and resources, consider visiting Where to Get Help: Resources for San Diego Restraining Orders
Legal Help Matters
Filing for or defending against a restraining order in San Diego involves navigating complex legal procedures and strict court requirements that can be overwhelming without professional help. Additionally, because restraining orders carry serious consequences — such as restrictions on contact, possible firearm surrender and a public record that can impact employment or housing — having an attorney advocate on your behalf can significantly improve your chances of a favorable outcome.
Now that you understand what is the most commonly filed restraining order, let that knowledge empower you to take action. In San Diego, Civil Harassment Restraining Orders are commonly used in disputes with neighbors, coworkers, acquaintances, or others outside your family circle. These cases often involve emotionally charged situations and complex legal standards. A single mistake in your paperwork or courtroom presentation can result in denied protection—or worse, a court order issued against you.
If you’re dealing with stalking, threats, or unwanted contact, you may qualify for legal protection. We’re ready to hear your case.