Civil Harassment Restraining Orders

Under California law (Code of Civil Procedure §527.6), a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment.

Civil Harassment Restraining Orders are different from Family Law Domestic Violence Restraining Orders because the person alleged to be harassing does not have a close family or domestic relationship with the victim. For example, a Civil Harassment Restraining Order can be issued against a neighbor, roommate, or stranger. In contrast, a Domestic Violence Restraining Order (Family Law) is filed in Family Court and applies to a current or former spouse, romantic partner, or other relative.

You may seek protection if you are worried about your safety because someone:

• Is harassing you 
• Is stalking you 
• Has committed acts of violence against you, or 
• Has threatened you with violence. 

You do not need to reside in California to file your request for a civil harassment restraining order.

Pursuant to California Code of Civil Procedure § 527.6(b), the course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim.

To learn more about civil restraining orders, please review  CH-100-INFO.

An elder or dependent adult abuse restraining order applies to individuals seeking protection who meet the following definitions:

• An elder is a person 65 years of age or older.
• A dependent adult is a person between 18 and 64 years old who has mental or physical limitations that prevent them from carrying out normal activities.

Additionally, the person must also have been a victim of one or more of the following:

• Physically abused 
• Financially abused 
• Mentally or emotionally abused 
• Neglected 
• Abandoned or abducted 
• Isolated, or 
• Deprived by a caregiver of goods or services you needed to avoid harm or suffering.

To learn more about elder or dependent adult restraining orders, please review  EA-100-INFO.

It is a court order that temporarily prohibits someone from having any of the following items: 

• Firearms, including any handgun, rifle, shotgun, and assault weapon; 
• Firearm parts, meaning receivers, frames, and any item that may be used as or easily turned into a receiver or frame (see Penal Code section 16531) (these may also be called “ghost guns”); 
• Ammunition; and 
• Magazines (any ammunition feeding device).

The person must turn in, sell, or store any prohibited items listed above that that person currently owns. The police will come and remove the items or the person can store them with a licensed gun dealer while the restraining order is in effect. The restrained person also cannot buy any of the prohibited items during this time. The restrained person also may not own, possess, or buy body armor. If they have body armor, they must relinquish it.

To learn more about civil restraining orders, please review GV-100-INFO.

Under California law (Code Civ. Proc., § 527.85), courts can make orders to protect a student from being subjected to assault, battery, or stalking, or to a credible threat of violence. The procedure is only available with regard to students at postsecondary institutions. 
The court can order a person not to: 

• Harass or threaten the student; 
• Contact or go near the student; and 
• Have any firearms (guns), firearm parts, ammunition, or body armor. This includes firearm receivers and frames, and any item that may be used as or easily turned into a receiver or frame (see Penal Code §16531).

To learn more about civil restraining orders, please review SV-100-INFO.

It is a court order that prohibits an individual from going to a specific business or locations of a business chain or franchise, based on prior crimes committed or alleged to have been committed by the individual. A retail crime restraining order may be issued in a criminal or civil case.

To learn more about civil restraining orders, please review RT-100-INFO.

Under California law (Code of Civil Procedure §527.8), an employer whose employee has suffered unlawful violence or a credible threat of violence from any individual may seek an order and injunction prohibiting harassment.

To learn more about civil restraining orders, please review WV-100-INFO.

Please refer to the Civil Self-Help Center page for information on civil harassment restraining order clinics.

NOTICE: CIVIL RESTRAINING ORDERS
To have a Request for Temporary Restraining Order filed and heard by a judge on the same day, Petitioner must be in line, or have submitted electronically through the court’s e-Filing service provider, completed paperwork by 11:00 a.m., for same day consideration, as per Code of Civil Procedure §527.6(e). (Completed is defined as meaning all names and information must be completed and match across all documents and be written in a clear, legible manner so that the Judicial Officer may consider the request.)

Code of Civil Procedure §527.6(e) states: "A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court."

NOTE: For Civil Restraining Orders processed at the Juvenile Justice Center ONLY:

Please be advised that seeking a temporary restraining order is an all-day process. To ensure timely processing, submit your paperwork no later than 11:00 a.m. (in person or via e-File); otherwise, the court may not have enough time to review your request that day. After submission, you must return at 1:30 p.m., in the event you are needed to answer additional questions from the judge assigned to your case. All paperwork will be completed between 1:30 p.m. and 3:00 p.m. 

If you submitted your Civil Harassment request via e-File, your certified order will be sent to you via the court’s “no-reply” email address. Original copies will also be available for pick-up in the Business Office for up to 5 business days from the date of issuance. 

Please note: Only Civil Harassment Restraining Orders are eligible for e-filing at this time. All other types of restraining order cases must be filed in person and will be rejected if submitted electronically.

In most instances, if your request for a temporary restraining order is granted, you will receive your temporary restraining order the same day.

It is the responsibility of the petitioner to have the respondent personally served with all necessary documents. Please refer to the Proof of Service Information form associated with your petition(CH-200-INFO, EA-200-INFO, GV-200-INFO, SV-200-INFO and WV-200-INFO). Proof of service for the respondent must be filed with the court prior to or at the time of the hearing on restraining order.

The party can be served by:

• The Sheriff's Department of the county where the respondent lives or works
• Anyone over the age of 18 years old and not a party named in the case

If a restraining order is filed against you, you may respond by completing and filing the appropriate forms associated with your restraining order type.

Civil Harassment Restraining Order: CH-120-INFO

Elder/Dependent Adult Abuse Restraining Order: EA-120-INFO

Postsecondary School Violence Restraining Order: SV-120-INFO

Retail Crime Restraining Order: RT-120-INFO

Workplace Violence Restraining Order: WV-120-INFO