Restraining Orders

While there are actually 4 different types of restraining orders, most cases fall into 2 categories: Civil Harassment or Domestic Violence. The relationship between the parties is what mandates which restraining order is requested. If there is a close family relationship or a current or past romantic relationship (dating to married), then a domestic violence restraining order is the correct request. If the relationship is neighbors, friends, extended family, or a significant partner's ex, then a civil harassment order is the correct request.

While these are both restraining orders, they are very different. They have different burdens of proof, different elements, and allow for different types of evidence (Civil Harassment Restraining Order Hearings ALLOW hearsay evidence).

The Orders After Hearing generally consists of a Stay Away Order of 100 yards and No Contact Orders. A Civil Harassment Restraining Order cannot effectuate a move-out order. Simply put, the court can not issue an order for a Respondent to move out of their residence or an order that would have the same impact. So if the Petitioner and Respondent in a Civil Harassment Restraining Order are roommates or neighbors, the Stay Away Orders will have carve out exceptions that still allow for the Respondent to live in their residence. A Domestic Violence (and Elder Abuse) Restraining Order can mandate a Move Out Order so long as the Petitioner is able to establish they have legal right to the residence, the Respondent has been violence or threatening, and there will be physical or emotional harm if the Respondent continues to live in the home.

The court will set a hearing date 21-25 days out from the filing of the Domestic Violence Restraining Order. The Petitioner must have the Respondent personally served, which is usually accomplished through the Los Angeles Sheriff's Department. The Sheriff will make 3 attempts to personally serve the Respondent, but if they cannot perfect service, the Petitioner needs to hire or have someone over the age of 18 serve the Respondent. If the Respondent is not served, the court cannot conduct the hearing and cannot grant an Order After Hearing. If the court finds that the Respondent is evading service, they can allow for an alternate form of service, but this finding can only be made by the court. The court will usually allow for 1 continuance by the Petitioner to perfect service if the Petitioner has made efforts to serve the Respondent. The court will continue the hearing for 21-25 days. If there was a Temporary Restraining Order granted, it will be continued to the new hearing date.

civil harassment restraining orders

Civil Harassment Restraining Orders can help protect someone who is being abused, threatened, or harassed by someone like a neighbor, roommate, friend, co-worker, extended family member, romantic partner's ex, or anyone else who you do not have an romantic or close family relationship. Civil Harassment Restraining Orders have a high burden of proof. The Petitioner must establish by clear and convincing evidence that unlawful violence, the credible threat of violence, or conduct amounting to harassment that serves no legitimate purpose, has occurred by the Respondent. The Petitioner must also establish they have objective and subjective substantial emotional distress. Finally, the Petitioner must have sufficient evidence there is a threat of future harm.

Because restraining orders are prohibitive in nature, not punitive, the court will not grant the Order After Hearing if they believe the Respondent's "bad" conduct is not likely to reoccur. This factual scenario is best described when a roommate or neighbor has permanently moved out of their residence and the parties are not likely to see each other in the future.

Quite simply, the Civil Harassment Restraining Order is more difficult to get than a Domestic Violence Restraining Order. Because of the higher standard of proof, combined with the different elements, Civil Harassment Restraining Orders have a higher rate of dismissal.

domestic violence restraining orders

The Domestic Violence Prevention Act (DVPA) is statutory protection for people that are suffering from many forms of abuse including, but not limited to, physical abuse, sexual assault, threats of violence, stalking, destruction of personal property, harassing phone calls, and disturbing the peace.

The burden of proof for the Petitioner (the person asking for protection) is a Preponderance of the Evidence. This is a relatively low standard, meaning that the judge only needs to believe the Petitioner a little more than the Respondent (the person who will be restrained).

Unlike the Civil Harassment Restraining Order, the Domestic Violence Restraining Order Petitioner does not have to prove a threat of future harm in order to get a Order After Hearing granted (unless requesting a Move Out Order) because past abuse is sufficient. However, courts only like to give protection if they believe protection is needed. Sometimes courts will forgive the ex who came over at 3:00am pounding on the door to try to get back together if the court believes the Respondent just needed a little time to process the break up! However, if the court believes that the Respondent is an abuser, physical or emotional, the court will grant the order. If there are children involved and named as protected parties, the granting of a Domestic Violence Restraining Order can have a significant impact on the Respondent's custodial rights. If there is an open Family Law case, the DVRO will likely be transferred to the Family Law department to preside over the hearing. If you have a Family Law attorney already, consult with them immediately about the DVRO.

For Van Nuys Civil Harassment Restraining Orders, click here