Restraining Orders

CIVIL HARASSMENT

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.

Harassment may include, but is not limited to, unlawful violence, a credible threat of violence, or willful conduct that seriously alarms, annoys, or harasses an individual. A Civil Harassment Order can be used to protect you from roommates, neighbors, and co-workers

The protective order can be enforced by law enforcement agencies after the defendant has been served.

A Civil Harassment Information and Forms Packet is available for free on this website or use I-CAN!™ Legal to request or respond to a Civil Harassment Restraining Order.

Click here to find out what day and time the Temporary Restraining Order will be heard.

In some instances a civil harassment restraining order is not appropriate. You can ask for a Domestic Violence Restraining Order if:

• A person has abused you, and
• You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, live together, or used to live together*), or you are related (parent, child, brother, sister, grandmother, grandfather, mother-in-law, son-in-law) or you have a child with the person.

        *You have to be more involved than just roommates

For Domestic Violence, click here.

For more information go to http://www.courtinfo.ca.gov/selfhelp/.

WORKPLACE VIOLENCE RESTRAINING ORDER

Under California law (Code of Civil Procedure § 527.8), an employer whose employee has suffered violence or threat of violence at the workplace may seek a temporary restraining order and an injunction prohibiting harassment.

The plaintiff must be an employer with standing to bring this action. An employer is defined under section 350(a) of the Labor Code as, "every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis."

Harassment may include, but is not limited to, unlawful violence, or a credible threat of violence construed to have been carried out or has been carried out at the workplace.

The protective order can be enforced by law enforcement agencies after the defendant has been served.

A Workplace Violence Information and Forms Packet is available for free on this website.

For more information go to http://www.courtinfo.ca.gov/selfhelp/.

TRANSITIONAL HOUSING MISCONDUCT

Individuals or organizations that run a transitional housing program can ask the court for an order prohibiting abuse or misconduct.

For more information, see Instructions for Program Operators (Form #TH-200).

For more information go to http://www.courtinfo.ca.gov/selfhelp/.