CIVIL HARASSMENT PREVENTION ALSO KNOWN AS RESTRAINING ORDER AND DOMESTIC VIOLENCE

Call me at 650-281-6342 for free consultation

Request for Civil Harassment Restraining Order

Civil Harassment prevention (RO)

California enacted the first civil harassment statute in 1978. The statute currently provides that “a person who has suffered harassment,” no matter from whom, may obtain an injunction upon proof of “a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.” Also I will call this four-part definition – (1) a course of conduct; (2) directed at a victim; (3) resulting in harassment; (4) without legitimate purpose.

Cal Code Civ Proc § 527.6 . Temporary restraining order and order after hearing prohibiting harassment; Notice, service, and hearing; Possession of firearm or ammunition by person subject to protective order.

For purposes of an award of costs and fees under CCP § 527.6(h), relating to injunctions restraining harassment, the determination of the prevailing party lies in the trial court’s sound discretion and the trial court’s determination must be upheld unless there is a manifest abuse of discretion. Elster v. Friedman (Cal. App. 2d Dist. July 5, 1989), 211 Cal. App. 3d 1439, 260 Cal. Rptr. 148, 1989 Cal. App. LEXIS 690.

Request for Domestic Violence Restraining Order

If you are now married or registered domestic partners. Or used to be married or registered domestic partners. If you live together or used to live together. If you are related by blood, marriage, or adoption. If you are dating or used to date, or you are or used to be engaged to be married. If you are the parents together of a child or children under 18. And, you have signed a Voluntary Declaration of Paternity for our child or children.

Then you have to file your petition in a Family court for Domestic Violence Restraining Order.

Please for further information call me regarding your request for restraining order or defending you against wrongful petition for restraining order. Call me at 650-281-6342 for free consultation