A civil harassment restraining order is a legal tool designed to protect individuals from abuse, threats, stalking, or harassment by someone they do not have a close relationship with, such as a neighbor, coworker, or acquaintance. This is different from a domestic violence restraining order, which applies to situations involving intimate partners or family members. If you’re facing harassment and feel the need for legal protection, here’s what you need to know about obtaining a civil harassment restraining order.

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1. What Qualifies as Civil Harassment?
Civil harassment encompasses a wide range of behaviors that can cause emotional distress, fear, or harm to the victim. Some examples of civil harassment include:

Stalking, whether in person or online
Physical violence or threats of violence
Repeated unwanted contact or communication
Harassment via text, email, phone, or social media
Verbal threats or abuse
Any behavior that causes emotional distress or fear for your safety
To qualify for a civil harassment restraining order, you need to show that the other person’s actions are abusive, harassing, or threatening. Importantly, this harassment must be continuous or severe enough to warrant legal intervention. One isolated incident may not be sufficient unless it involves violence or a credible threat.

2. Filing a Petition for a Civil Harassment Restraining Order
The process of obtaining a civil harassment restraining order begins with filing a petition in the appropriate court. Here’s what you’ll need to get started:

Forms: You’ll need to fill out a series of court forms, including the request for a civil harassment restraining order, which is typically referred to as Form CH-100 in California or an equivalent in your jurisdiction. These forms include details about the harassment and why you are seeking protection.
Personal Information: The court will ask for your name, contact information, and information about the person you want restrained, also known as the “respondent.”
Evidence: Provide as much evidence as possible to support your case. This may include police reports, witness statements, text messages, emails, or photographs showing any incidents of harassment or abuse.
Declaration: You will need to submit a declaration detailing the harassment, the impact it has had on you, and why you feel a restraining order is necessary.
Once the forms are completed, they must be filed with the court clerk. There is usually a filing fee, although some courts may waive this fee if the harassment involves violence or if the petitioner cannot afford it.

3. Temporary vs. Permanent Restraining Orders
After filing the petition, you can request a temporary restraining order (TRO), which is granted on a short-term basis and provides immediate protection while the court schedules a hearing. A TRO can be granted without the respondent being present, especially if there is an imminent threat to your safety.

At the hearing, both parties will have the opportunity to present their case. If the court finds sufficient evidence of harassment, it may grant a permanent civil harassment restraining order, which can last up to five years. The court can also specify certain conditions, such as ordering the respondent to stay away from your home, workplace, or school.

4. Serving the Respondent
Once the restraining order is issued, it must be properly served to the respondent. This means that the person must be notified of the restraining order, including the specific conditions they are required to follow. The court will not enforce the restraining order until it is served, and you cannot serve the papers yourself. Typically, law enforcement or a professional process server handles this step.

5. Enforcement and Violations
A civil harassment restraining order is legally enforceable. If the respondent violates the terms of the order, such as approaching you or continuing to contact you, you can report the violation to law enforcement. Violating a restraining order is a criminal offense and can result in arrest, fines, or imprisonment.