Civil Harassment Law Practice of Carlsbad

Civil Harassment Law Attorneys with Years of Experience

Fischer & Van Thiel, LLP provides over 57 Years of Combined Family Law Counsel Experience dedicated to Your Family’s Legal Concerns throughout the Legal Process.

A civil harassment restraining order can be obtained when a person has suffered harassment by another party. It is a form of protection from potential harm.

Acts of Harassment and Abuse

Behavioral – like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property (keying car,s breaking windows, social media harassment, etc.)
Physical Abuse – intentionally hurting or trying to hurt someone; reckless mob protestor assault, etc.
Imtimidation – Making you reasonably afraid that they or someone else are about to be seriously hurt (Protester Threats or promises to harm); OR
Sexual Assault – just about any form from verbal, unwanted contact to violent abuse.

If you are being abused in any of these ways or you feel afraid or controlled by your partner or someone you are close with, it may help you to talk to a domestic violence counselor, even if you do not want (or are not sure if you want) to ask for legal protection.

You may wish to contact the Center for Community Solutions-North County Office (It is close to San Marcus, CA) for other protective services for you and your family’s safety. 

If you are seeking a civil harassment restraining order, Fischer & Van Thiel, LLP can help.

Our Oceanside restraining order attorneys have decades of combined experience helping Southern Californians seek and obtain restraining orders to protect themselves and loved ones.

Give Fischer & Van Thiel a call at (760) 722-7646 to contact us if you are in need of protection in the form of a Civil Harassment Restraining Order.

Civil Harassment vs. Domestic Violence Restraining Order

There are really only two significant differences between a Civil Harassment Restraining Order and a Domestic Violence Restraining Order.

For example, if your abuser is a spouse or family member, you would file for a domestic violence restraining order. If the conduct is being caused by a neighbor, roommate, or unfamiliar person, you would file for a civil harassment restraining order.

Civil Harassment Restraining Order Is against an individual “without” a close family relationship.
Civil Harassment Restraining Order Is against an individual “with” a close family relationship.

Example Restraining Order Situations:

If your abuser is your spouse or a direct family member (biological and marital relation), you would file for a Domestic Violence Restraining Order.

If the abusive harassment is caused by a neighbor, roommate, or unfamiliar person, you would file for a Civil Harassment Restraining Order.

Processes to Attain a Restraining Order

Once you understand which restraining order you require to help with your domestic or civil harassment abuse situation, you need to know how to get it filed with the Carlsbad and San Diego County Family Courts.

Below are some important considerations and processes to be prepared for as you move forward to filing a Civil Harassment and/or Domestic Violence Restraining Order.

Consideration for Filing a Restraining Order with the Courts

Once you understand which restraining order you require to help with your domestic or civil harassment abuse situation, you need to know how to get it filed with the Carlsbad and San Diego County Family Courts.

Below are some important considerations and processes to be prepared for as you move forward to filing a Civil Harassment and/or Domestic Violence Restraining Order.

You have the Burden of Proof for the Restraining Order

The Court Legal Services must look at both sides of the harassment or abuse situation and evaluate these circumstances to decide whether a restraining order is warranted based upon whether the behavior/conduct would cause a reasonable person to suffer substantial emotional distress.

This behavior/conduct must actually cause substantial emotional distress to the requesting party, which is likely you, and this means that you should have documentation, witnesses, photos, video, and other substantiating proof that the Court Ordered Restrainment is necessary.

Temporary vs Permanent Restraining Orders

Although the difference may sound obvious, in the name given to the two types of restraining orders, the “Permanent Restraining Order” isn’t exactly “Permanent” as it can be Modified and Lifted.

Both Protection orders are invaluable to those they defend and can provide much-needed peace of mind from those who the Court Order is restricting, as well as, to those who decide to disobey protective orders can face strict penalties, including jail time.

The primary difference is with the length of time in which the court ordered restraint is active.

Example Restraining Order Applications:

Temporary Restraining Order: Generally, a judge, after hearing a case involving a temporary protection order, will assess the Proof of Burden circumstances (stalking, harassment, violence, and abuse, etc.), and order the Temporary Restraining Order for immediate protection from their perpetrators.

You must already have an active Temporary Restraining Order before you can attempt a more restrictive Permanent Court Order.

Permanent Restraining Order: A Permanent Protection Order in situations where people are in dangerous circumstances and the period of protection is extensive or unknown.

A Permanent Order will protect victims from all forms of contact from the offender for the foreseeable future restraining contact to include in-person visits, phone calls, text messages, emails, and letters.

These Protection orders can also require offenders to give up child custody, leaving the family home, give up family care, require support payments, and halt the restrained from selling marital property.

Just know that the Courts can modify or lift Permanent Protection Orders, yet thankfully, do so in limited circumstances. So, how long a permanent order will last is all up to a judge.

Court Order Hearings & Enforcement Actions

During the Court Hearing, the judge will determine whether there is enough evidence to put a restraining order in place.

Also, within the hearing, both parties will have the opportunity to present evidence, explain situations, detail circumstances, and testify regarding the alleged incidents.

This is when it is most important to have an experienced, Civil and Domestic Violence Family Law Attorney on your side to assist with your hearing and proactive defense to help ensure that a restraining order Judgment is ordered.

Our Carlsbad Civil Harassment Attorneys are very experienced Family Law Divorce Lawyers who know how to organize your case to present you in the best way for the judge and make sure the court understands the significance of the other party’s actions that caused the need for the restraining order.

California Family Law Practice Area Services

Providing Up-To-Date Legal Advice on Adoption Law Issues

Our firm focuses exclusively on matters that relate to Civil Harassment Restraining Order Family law. Concentrating on this practice area allows us to remain current on California’s Adoption Legal Codes. As a result, we are able to provide cutting-edge legal advice for a range of unique personal legal concerns.

Fischer & Van Thiel, LLP has the Best Divorce & Family Law Attorneys in the Local Carlsbad Area who only provide Best Practice Domestic Violence Law Services with affordable fees.

Our "Family First" Focused Lawyers provide proactive legal solutions that safeguard your current legal situation helping ensure we mitigate future legal issues proactively for you.

We believe it is always best to try to mediate conflicts to help you to avoid courtroom litigation and the fees that accompany this form of dispute resolution, if possible.

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