For over 20 years, Kern Law, APC, has provided quality and dedicated legal representation to clients served with Civil Harassment Restraining Orders (CCP 527.6) and other types of restraining orders (CCP 527.8) in San Diego, California.
Civil Harassment Restraining Orders in San Diego:
If someone is accused of stalking, threatening, harassing, or intimidating someone in San Diego, California, a Civil Harassment Restraining Order under California Code of Civil Procedure section 527.6 may be filed. Civil Harassment Restraining Orders are commonly used in disputes involving neighbors, former friends, co-workers, or even strangers.
What Is a Civil Harassment Restraining Order?
A Civil Harassment Restraining Order (“CHRO”) is a court order designed to protect individuals from harassment, unlawful violence, credible threats of violence, stalking, or repeated disturbing conduct. CHRO applies when the parties do not have a close family or intimate relationship, for example:
- Ex-friends
- Roommate conflicts
- Stalking by strangers
- Neighbor disputes
- Threats or intimidation
- Harassment online
- Invasive camera disputes
Under California law, “harassment” includes:
- Unlawful violence
- A credible threat of violence
- A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses them and serves no legitimate purpose
The conduct must be serious enough that a reasonable person would suffer substantial emotional distress, and the victim must actually experience substantial emotional distress.
Can a Civil Harassment Order Affect Gun Rights?
Yes. A restraining order issued under CCP section 527.6 includes firearm restrictions under California law. If the CHRO is granted, the restrained party may be prohibited from possessing firearms while the court order remains in effect.
Temporary Restraining Orders (TROs)
A person may also seek protection through a Temporary Restraining Order (TRO) immediately when filing the petition for a CHRO. A court may grant or deny a TRO the same day the paperwork is submitted. If the TRO is granted, the restrained party must do the following:
- Have no contact with the protected person
- Stay a certain distance away
- Stop any alleged stalking or harassment
- Avoid their home or workplace
The Court Hearing
The court will schedule a hearing where both sides may present evidence and testimony. At the hearing, the judge decides whether to grant the Civil Harassment Restraining Order. Under CCP 527.6, a CHRO can last up to five years. If the CHRO is violated, criminal charges may be filed.
At the Civil Harassment Restraining Order Hearing, the restrained party has the following rights:
- Attorney representation
- Present witnesses
- Introduce evidence
- Contest the allegations
- Confront and cross-examine the witnesses
Why Hire Kern Law, APC?
Civil Harassment Restraining Order hearings move quickly and have complex evidentiary issues. For example, introducing evidence, cross-examining witnesses, challenging evidence that should be excluded, introducing evidence, and raising constitutional defenses, are some of the challenges that Kern Law, APC, understands how to navigate to advance our defense of your case.
If you are involved in a Civil Harassment Restraining Order case in San Diego County, contact Kern Law, APC, today for consultation. 619-200-2808
