Civil Harassment Restraining Orders in California

Overview

There are different types of restraining orders. A civil harassment restraining order is against someone you are not closely related to or have not had an intimate relationship with. This includes a neighbor, a landlord, or a co-worker.

A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically.

What can a restraining order do?

A judge can grant a restraining order to protect someone, their family members and their pets. Once a judge grants a restraining order, the police can be called to enforce it.

A civil harassment restraining order can include these types of orders:

• No contact
• Not harass, stalk, threaten, or harm people protected by the order
• Stay away by a certain distance
• Cannot own or have firearms, ammunition, or body armor

How do I ask for a civil harassment restraining order?

You will need to complete a few court forms. The forms will ask you to describe in detail the harassment, stalking, threats, or harm you experienced. If you want help with these forms, you can contact your local Self-Help Center. This guide will take you step-by-step through the process of asking for a restraining order. The whole process usually lasts a few weeks but can take a few months, depending on how complicated your case is. 

What if someone asked for a restraining order against me?

If someone has filed court papers to ask for a civil harassment restraining order against you, carefully read over the papers you were given:

• If you were served with form CH-110, this means the judge granted a temporary restraining order against you. You must follow all the orders granted on form CH-110. If you don't, you could be arrested and charged with a crime. 
• You will have a court date, which is listed on form CH-109. Make sure to go to your court date if you do not agree to the restraining order. At the court date, a judge will decide whether to grant a restraining order against you that can last up to five years.

This guide can help you figure out your options to "respond" and prepare for your case. Respond means to tell the judge if you agree or don't agree to the request for restraining order.  You don't have to have a lawyer in this case, but if you want one you will need to hire one. You can also get free help from a court Self-Help Center.