Civil Harassment Restraining Order
A Civil Harassment Restraining Order, commonly referred to as a CHRO, is a type of protective court order used where a person is subjected to unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that seriously alarms, annoys, or harasses and that serves no legitimate purpose. This type of restraining order does not require violent conduct; nonviolent conduct is sufficient for a Civil Harassment Restraining Order.
The person seeking the restraining order cannot be the spouse, former spouse, partner, girlfriend/boyfriend or a close relative (parent, child, brother) of the person he or she is attempting to restrain. This type of restraining order is geared for an acquaintance, roommate, neighbor, or stranger. In California, a Civil Harassment Restraining Order can be issued to prevent a person from: annoying, harassing, striking, following, or disturbing the peace of the protected individual(s); having direct or indirect, personal, telephonic, electronic, or written contact with the protected individual(s) or coming within (typically) 100 yards of the protected individual(s) home or workplace.
To obtain a Civil Harassment Restraining Order against another person, the person seeking the order (Petitioner) must demonstrate to the court there is a high probability and a credible threat that the harassment or other prohibited behavior will continue. If the Petitioner can prove this with "clear and convincing" evidence, the court is likely to issue a restraining order for up to 5 years.
A mere argument or verbal disputes with a roommate, neighbor or stranger, are not adequate grounds for obtaining a Civil Harassment Restraining Order. If you need assistance in filing or defending against a restraining order consult an attorney with experience in restraining orders to determine your best course of action.
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