A Civil Harassment Restraining Order may be sought by those who are being harassed, stalked, abused, or threatened by someone who is not their husband, wife, or domestic partner.
Harassment may consist of:
- unlawful violence;
- a credible threat of violence; or
- a course of conduct that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose; moreover, it must cause a reasonable person to suffer substantial emotional distress while actually causing the applicant to suffer substantial emotional distress.
It is also important to note that a court will not issue a restraining order to prevent constitutionally protected speech, and such a request may subject the applicant to a costly anti-SLAPP motion.
Restraining orders are very fact-specific, and the judge has a great deal of discretion in the matter. Please feel free to contact me for a consultation.