We've all been harassed by someone at least once in our lives. Hopefully it was a one time occurrence. But if you want to seek a restraining order against someone who is not a family member or significant other, it is important to remember that a single occurrence will not satisfy the requirements for a permanent (maximum five year) order. The controlling California Statute, the Code of Civil Procedure section 527.6, requires a, "series of acts over a period of time, however short, evidencing a continuity of purpose." This means that a single act, even a violent one, that has no chance of reoccuring, will not meet the standard for the granting of a permanent order.
Depending on how the initial CH-100 pleading is written, a restraining order may be temporarily granted, but at the hearing for the permanent order, the Court will require a showing that there has been a continuity of purpose. When the harassment is online, or is otherwise pervasive, the person seeking protection could potentially meet their burden. In a recent case I defended, the alleged attack occured between individuals who lived in different states, making the continuity of purpose requirement impossible to establish.
If you are seeking a civil harassment restraining order, make sure your evidence is lined up and ready to share with the other party and present to the Court. If you fail to establish the elements, the other party could ask the Court for attorney's fees if they were incurred.
You are invited to reach out to Wyman Law Group if you are the victim of violence or harassment for a free consultation.
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