Your Rights and Safety Matter
Civil harassment is a legal term used primarily in the United States (especially in states like California) to describe certain types of harassing behavior that do not fall under domestic violence laws but still warrant legal protection. Below is a detailed breakdown of what civil harassment entails, the legal processes involved, and how you can seek help or defend against a claim.
Typical relationships in civil harassment cases:
- Neighbors
- Roommates
- Acquaintances
- Strangers
- Extended family (like cousins, uncles, aunts, unless living together or in close relationship)
Legal Definition
In California (under Code of Civil Procedure § 527.6), civil harassment is defined as:
- Unlawful violence, such as assault or battery
- A credible threat of violence
- A knowing and willful course of conduct that:
- Seriously alarms, annoys, or harasses the person
- Serves no legitimate purpose
- Would cause a reasonable person to suffer substantial emotional distress
Examples of Civil Harassment
- Repeated, unwanted phone calls, texts, emails, or DMs
- Stalking or following someone
- Making threats of harm (even if not carried out)
- Trespassing or vandalizing property
- Repeatedly showing up at someone’s home or workplace uninvited
- Online harassment (cyberstalking, doxxing, etc.)
What Can a Restraining Order Do?
A CHRO can legally require the restrained person to:
- Stop contacting or harassing you
- Stay a certain distance away from you, your home, work, or school
- Not possess firearms
- Possibly pay court/legal fees
Defending Against a Civil Harassment Claim
If someone has filed a CHRO against you and you believe it’s unjustified:
- Read the paperwork carefully to understand the allegations
- Show up to court (not showing up can result in the order being granted by default)
- Gather evidence (texts, emails, witnesses, alibis)
- File a response form (CH-120 in California)
You have a right to defend yourself, and if the judge finds no credible evidence, the request can be denied.
How Can We Help?
Time matters in restraining order cases. Restraining Orders Lawyers move fast to help you take action—whether you’re seeking protection or fighting a false allegation. Your rights are our priority.
We assist clients with:
- Emergency and long-term civil harassment restraining orders
- Protection from stalking, threats, online abuse, or unwanted contact
- Legal defense for restraining orders in San Diego filed without cause
- Representation at court hearings and case preparation
- Peace of mind during high-conflict neighbor, workplace, or social disputes
CHROs can prevent contact, mandate distance and protect you from further harassment. No matter which side of a protection order you’re on, we have the best San Diego restraining order lawyers to provide the strong legal support you need.
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Frequently Asked Questions (FAQs)
What qualifies as civil harassment in California?
Civil harassment includes:
- Repeated unwanted contact
- Threats of violence or intimidation
- Stalking or following
- Online harassment or cyberbullying
- Disturbing the peace through aggressive behavior
How is a CHRO different from a domestic violence restraining order?
CHROs apply when the person harassing you is not a close family member, spouse, or romantic partner. If the person is a former partner or relative, a Domestic Violence Restraining Order may be more appropriate.
How do I file for a CHRO in San Diego?
You must complete court forms, file them at the appropriate San Diego courthouse, and attend a hearing. Our San Diego restraining order law firm can guide you through the entire process and represent you in court.
Do I need evidence to get a CHRO?
Yes. Evidence such as text messages, emails, voicemails, witness statements, or police reports strengthens your case. A protective order attorney in San Diego can help you gather and present evidence effectively.
Can I get a CHRO if I’ve never called the police?
Yes. Police involvement is not required to file a CHRO, although documentation helps. We often assist clients who haven’t reported the harassment formally but still need legal protection.
What if someone files a CHRO against me unfairly?
False or exaggerated claims can impact your freedom, job, or housing. Our firm provides strong legal defense for restraining orders in San Diego to protect your record and reputation.
Do I need a lawyer to file or respond to a CHRO?
You’re not required to have one, but working with a skilled lawyer for protection orders in San Diego improves your chances of success—whether you’re filing or defending against a CHRO.
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