Copyright © 2019 - Garcia Law Group - All Rights Reserved
Designed by Iconic Web HQ


Call For a Free Consultation

8:00am - 8:00pm

Open 7 Days a Week

Hablamos Espanol

¡Llame ya!



Civil Harassment Restraining Order

Garcia Law Group > Civil Harassment Restraining Order

Civil Harassment Restraining Order


A civil harassment restraining order is a court order to protect people from serious harassment, violence, stalking, or threats of violence.  These are also generally referred to as injunctions and they are issued in different types of cases. In a restraining order hearing, the parties are called “petitioner” and “respondent.” The petitioner is the person asking for the restraining order (the protected person). The respondent is the person responding to the allegation of harassment (the restrained person).



A civil harassment restraining order may be requested when:


A person has abused, threatened to abuse, sexually assaulted, stalked, or seriously harassed you; AND

You are scared or seriously annoyed or harassed.



Who can and who cannot get a civil harassment restraining order?

Who can and who cannot get a civil harassment restraining order?

A civil harassment restraining order is different from a domestic violence restraining order in several ways. One of the key differences is the relationship of the parties. In a domestic violence restraining order, the parties are:


Spouse/former spouse or partner/former partner

Persons that dated at any point previously,

A close relative such as a parent, sibling, grandparent, or in-laws).


In a civil harassment restraining order, the parties are typically:


A friend

A roommate

A neighbor

People not closely related to the Petitioner

A family member removed more than 2 degrees such as an aunt, uncle, niece, nephew, cousin, or other more distant relatives.


Note: if the petitioner is 65 years or older or a dependent adult, there are special laws and a special type of restraining order to protect such individuals: elder or dependent abuse restraining order.



How can a civil harassment restraining order protect someone?

A civil harassment restraining order is a court order that can order the Respondent (restrained person) to:

Not contact the petitioner or any member of the petitioner’s household

Not go near the petitioner, petitioner’s children, others that live with the petitioner, or go near the petitioner

Stay away from the petitioner’s work, school, or the petitioner’s children’s school and/or

Not have a gun


When the court issues a restraining order, it goes into a statewide electronic information system known as CLETS (California Law Enforcement Telecommunications System). The information is made accessible to law enforcement and may have a significant impact on employment. Furthermore, a CLETS restraining order will show up on a background check.



How to file a Restraining Order

Filing a request for a restraining order involves filling out official forms and filing those with the court. You may print these forms or obtain a packet from your local courthouse but they may charge you a fee. These forms may differ by county or by courthouse and other forms may be necessary in your jurisdiction. They include:


Civil Case Cover Sheet (CM-010);

Declaration Re: Notice Temporary Restraining Order (L-0889);

Notice of Court Hearing (CH-109);

Temporary Restraining Order (CH-110);

Request for Civil Harassment Restraining Orders (CH-100);

Confidential (CLETS) Information (CLETS-001); and

Civil Harassment Restraining Order After Hearing (CH-130).



Where to file Restraining Order

Generally, you may file a request for a restraining order at the courthouse closest to where the alleged abuse took place. However, every jurisdiction is different so please check with your local courthouse. In Los Angeles County Superior Court, you can check the filing locator here to find out where you should file your restraining order.


Once you have filed your restraining order and paid a filing fee or obtained a fee waiver, you must serve the respondent at least 5 days prior to the hearing. You may obtain the services of your local sheriff’s office or hire a process server to serve the respondent. The forms to be served on the respondent include:


Notice of Court Hearing (CH-109)  (completed and file stamped by the clerk)

Temporary Restraining Order (CH-110)  if granted

Request for Civil Harassment Restraining Orders (CH-100)  (completed and file-stamped by the clerk)

Response to Request for Civil Harassment Restraining Orders (CH-120)  (blank form)

Proof of Firearms Turned In or Sold (CH-800)  (blank form)

How Can I Respond to a Request for Civil Harassment Restraining Orders? (CH-120-INFO)  (information sheet)



The Hearing

At the hearing, the Respondent is entitled to one extension for a reasonable period. This means the judge will allow the respondent to have more time to prepare if the Respondent asks for an extension. This extension of time only applies to the respondent. The petitioner may ask for more time but the judge is not required by law to grant the request. At the hearing, the judge will hear the petitioner’s allegations and consider the evidence submitted. The respondent may also submit evidence to fight the allegations of abuse. The judge will typically make his decision immediately after both sides have presented their case in chief.


Note: Guns and Firearms Restrictions on Restrained Person

A restrained person, who is subject to either a Temporary Restraining Order (CH-110) Temporary Restraining Order (CH-110) , or a  Restraining Order after Hearing (CH-130) , may not own, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while a Restraining Order is in effect; unless the Court applies the firearm relinquishment exemption. If a restrained person violates this order, it can result in jail and/or $1,000.00 fine. A restrained person who owns, or has control of any guns or other firearms, must turn in all firearms to local law enforcement; or sell, or store the firearms with a licensed gun dealer in accordance with the order of the court. If the court makes this order, the restrained person must comply and then file Proof of Firearms Turned In or Sold (CH-800) . If the restrained person does not obey the court order, they can be charged with a crime. Read How Do I Turn In or Sell My Firearms? (CH-800-INFO) .



Need help getting or fighting a restraining order?

Appearing in front of a judge by yourself can be an intimidating experience. Additionally, the laws involving a civil harassment restraining order are complicated. If you are facing a restraining order or need help obtaining a restraining order, Garcia Law Group is here to help you. We’ve handled hundreds of cases and represented individuals on both sides of the aisle. We are here to help you get through this stressful situation. Call now and speak to attorney Joel Garcia for a FREE CONSULTATION.



Related Articles

Domestic Violence Restraining Order

How to File a Restraining Order

How to Fight a Restraining Order

Different Types of Restraining Orders


Get in touch

free consultation

    You won't find many attorneys who are as passionate and driven to resolve your case as Joel. When he gets a matter he dives into it 110% to get the best results for his clients. I fully endorse him.

    Philip Mauriello, Esq. | Fellow Attorney

    Joel G Garcia is a skilled trial attorney. I've had the privilege of working with Mr. Garcia on several criminal matters. His aggressive and zealous representation has led to incredible results for clients. I give him the highest recommendation possible. He truly leaves no stone unturned for his clients. When Joel G. Garcia is in your corner, you are truly in good hands.

    Brian Hurwitz, Esq. | Fellow Attorney

    Joel is a passionate criminal defense attorney! I would recommend him to those who need a zealous advocate in the courtroom!

    Imran Syed, Esq. | Fellow Attorney

    Joel is truly passionate about what he does and goes above and beyond for his clients. I am proud to have colleagues in the field like Attorney Joel Garcia. You are in the best hands possible!

    Nima Etemadian, Esq. | Fellow Attorney

    I've known Joel for quite some time. He is the quiet guy who will always surprise you at the right moment, the moment you need him the most, in court advocating passionately for your rights. I endorse Mr. Garcia.

    Eiman Rejali, Esq. | Fellow Attorney

    Joel is a highly competent defense attorney. He is a zealous fighter for his clients--a real pro! I endorse this lawyer.

    Paul Hilton, Esq. | Fellow Attorney

    Joel is a skilled lawyer, with experience, knowledge and passion. He is a savvy problem solver, a force to be reckoned with at trial and a serious advocate for his clients. He is driven by a killer work ethic and invested in achieving the best possible outcome for his clients.

    Ghazal Sharif, Esq. | Fellow Attorney

    Joel is the consummate criminal defense attorney. He is adept at his trade, cares for his clients deeply and will fight for them to make sure they get the best results possible. I endorse Mr. Garcia without reservation.

    Omid Rejali, Esq. | Fellow Attorney

    Mr. Garcia was incredibly understanding with me during an extremely difficult situation. He was very knowledgeable and he was able to get me an incredible result and keep me out of jail.

    Amber | Former Client

    I cannot express how grateful I am to Mr. Garcia. I blew a .10, and Mr. Garcia got my case dismissed. I heard from many people that I might as well just plead guilty and be done with it because I was just way too over the limit. I am glad I decided to give Mr. Garcia a call. I explained to my situation and he assured me that I had a case that was worth fighting. Throughout the whole process, Mr. Garcia was very good at keeping me updated and out of jail! I didn't have to deal with missing work to show up to court, which was nice because I didn't want to create any suspicion within my workplace. Now I don't have to worry, because Mr. Garcia was able to have my case dismissed! Amazing work and I would highly recommend to anyone with a DUI!

    Lou | Former Client

    Mr. Garcia was extremely thorough in explaining to me everything regarding my case as to what I was facing, what my options were, and how we were going to proceed. He was extremely confident throughout and knew how to handle every aspect of the negotiations between me and the other party I was involved with in my case. At the end he was successfully able to negotiate a settlement and most importantly prevented the possibility of a misdemeanor going on my record. I am extremely thankful for his stellar work and would recommend him to anyone who wants an attorney that will fight for them in court.

    Former Client

    Joel was incredible in defending me in a restraining order hearing. He prevented a restraining order from being granted. I was very scared and nervous but he informed me of the process and prepared me for court which really calmed my nerves. He was very poised, well-spoken and truly shined in the courtroom in my opinion. He is my go-to attorney!

    Former Client

    Mr Joel Garcia is one heck of a lawyer. He got me out of rut. His cross examining skills are A1. I would highly recommend him to friends and family.

    Omar | Client

    Joel did an amazing job with my case. He consulted me about my case, informed me about every aspect and gave me advice and coached me through in order to arrive at the best possible outcome. Once I hired him, it was smooth sailing. Constant emails, phone calls to keep me up to date...every meeting we had he had a determined plan and he let me know what to do and what he was planning on doing. Overall, Joel is an experienced attorney with an amazing track record and astounding perseverance. My outcome was the best that it could be and I have to thank Joel for that. 10/10! Thank you so much!

    Daniel | Client

    Share with friends or colleagues...
    Share on facebook
    Share on linkedin
    Share on email