If a person has suffered harassment by another party, they may be entitled to obtain protection from a Civil Harassment Restraining Order.
Acts of harassment include being stalked, harassed, threatened or sexually assaulted.
Civil Harassment Restraining Order vs. Domestic Violence Restraining Order
Although very similar, there is a key difference between a Civil Harassment Restraining Order and a Domestic Violence Restraining Order. In order to obtain a Civil Harassment Restraining Order it is not necessary for you to have a close family relationship with that person. If your abuser is a spouse or family member, it would be most appropriate for you to file for a Domestic Violence Restraining Order. On the other hand, if the abuse was caused by a neighbor, roommate or unfamiliar person, you would file for a Civil Harassment Restraining Order.
Burden of Proof
The burden of proof is what the court requires in order to decide whether a restraining order is justified or necessary in your particular case. The burden of proof specifically is based on the requirements that the behavior/conduct would cause a reasonable person to suffer substantial emotional distress and the behavior/conduct must actually cause substantial emotional distress to the requesting party. The court takes many factors into consideration when deciding what constitutes a reasonable person and if your report of abuse fits that of behavior that would cause a reasonable person to suffer.
Temporary Orders Available
Temporary Orders are available and can be ordered to include various requirements of protection. For example, they can state the abuser must stay away from the victim themselves, the victim’s home, school or office or other frequently visited places. There are a variety of other orders available as well and depending on your situation, there is most likely an order that is appropriate for your circumstance and protection needs.
Service of a Civil Harassment Restraining Order
In order for a temporary Civil Harassment Restraining Order to be effective after it is granted, the order must be personally served on the restrained party. Typically a Restraining Order is served by the Sheriff’s Department but can also be served by any other individual over the age of 18 who is not a party to the action. Once personally served, the restrained party will also receive a copy of the court’s orders and be advised of the hearing date at which the request for a permanent restraining order will be held.
After the restrained party has been served with the court documents, they will have an opportunity to prepare their responsive documents and have them served on the protected party and the court.  Serving the requesting party with responsive papers is time sensitive and must be done at least two (2) days prior to the scheduled hearing. However, if these responsive documents are not provided and served in a timely manner by the responsive party, a continuance may be requested and provided in order to review and respond to the alleged offender’s responsive documents.
Once a party has been served with Civil Harassment Restraining Order documents, the requesting party is protected and the Order is active. If a responding party violates the Orders it is important that you contact the police if the other party tries to make contact with you after being served.
Court Hearing
Based on the evidence provided by both parties, the Judge will decide whether there is enough evidence to put a permanent Civil Harassment Restraining Order in place at the court hearing.
In order to adequately assess both parties’ sides the Judge will listen to testimony and observe any evidence the parties would like to provide regarding the alleged incidents.
If you are in the Carlsbad area and feel you have been a victim that needs a restraining order, it is important to have an experienced, family law attorney on your side. Unfortunately some cases require a permanent Civil Harassment Restraining Order and the right attorney can help ensure you get the permanent protection you deserve. .
These types of matters can be emotionally, physically and mentally draining. It is so important to retain a skilled attorney who knows the law, and can effectively organize your case to present you in the best way to the Judge. This is vital to ensure the court understands the impact of your matter and knows the necessity and urgency of you obtaining a permanent Civil Harassment Restraining Order.
Civil Harassment Restraining Order vs. Domestic Violence Restraining Order
Although very similar, there is a key difference between a Civil Harassment Restraining Order and a Domestic Violence Restraining Order. In order to obtain a Civil Harassment Restraining Order it is not necessary for you to have a close family relationship with that person. If your abuser is a spouse or family member, it would be most appropriate for you to file for a Domestic Violence Restraining Order. On the other hand, if the abuse was caused by a neighbor, roommate or unfamiliar person, you would file for a Civil Harassment Restraining Order.
