Mission Viejo Civil Harassment Restraining Orders
Every person has a right to privacy and should not be disturbed or distressed by those who are not their close family and friends. Sadly, this is not a reality for some people, as they find themselves in constant distress because there are individuals who take sick pleasure in harassing others, even when the victim doesn’t know who they are. In some cases, the harassment becomes so severe that even those around the victim are subjected to it.
In California, victims of civil harassment can ask the courts for legal protections against further harassment. One of these protections is a civil harassment restraining order, designed to stop harassers and penalize them in the process. The lawyers of Mission Viejo Family Law can help you file for Mission Viejo civil harassment restraining orders against those harassing you and ensure your rights are protected. Our legal team is more than ready to assist and help you regain the peace of mind you lost due to the harassment.
Call Mission Viejo Family Law at (310) 564-2587 for your Free Consultation with a Mission Viejo Civil Harassment Restraining Orders lawyer.
What Constitutes as Civil Harassment in California?
Before you can file for a restraining order against civil harassment done to you by another person, you need to know what it constitutes. In California, harassment can be one of the following acts:
- Unlawful violence committed by another person to you or your loved ones through attempted or actual assault, battery, and stalking.
- Credible threat of potential violence that caused you or your loved ones to fear for your safety.
- Repeated actions of harassment that have no purpose and cause you or your loved ones to be distressed, such as stalking, sending you harassing emails, or constant spam calls.
If you are not sure if what you are experiencing is grounds for civil harassment, you can ask one of our lawyers who assists victims in applying for Mission Viejo civil harassment restraining orders. They will assess your situation to determine if it is civil harassment and assist you in getting a restraining order filed for your use.
Types of Civil Harassment Restraining Orders and Their Duration
Any victim of civil harassment in California can request one of two types of restraining orders: a temporary ex parte order or the final civil harassment order, which is issued after a hearing. Whichever order is granted, it will prohibit the harasser from committing further harassment or face harsh penalties. The court may even issue additional restrictions on the harasser depending on the severity of their actions and extend the coverage of the order to your loved ones as well.
Temporary ex parte orders will protect victims until a full court hearing is conducted, which usually occurs within 21 to 25 days. Once the court has heard the case and issued a final restraining order, it will provide protection for up to five years, with the possibility of a further five-year extension. If the order given does not have an expiration date, it will remain in effect for three years.
Our lawyers at Mission Viejo Family Law can help you apply for a temporary ex parte order immediately while we help you file your civil harassment case in court. Our team will then present evidence to fight for an after-hearing restraining order and its eventual extension. We can also request specific protections on your behalf for the court to include in your restraining order.
How to Obtain a Civil Harassment Restraining Order
Once you know that you are a victim of civil harassment, filing for a civil harassment restraining order is fairly simple. You simply head to your nearest court and file several forms that will ask for the exact nature of the harassment you have experienced. Depending on the severity of the harassment, the process can last for a few weeks to a couple of months. However, the court can issue temporary protections within a day or the next business day.
After the court gives a final civil harassment order, victims are allowed to apply for an extension without showing evidence that harassment is still occurring. Extensions can be applied for within three months before the order runs out. Judges will review the request and can approve the extension and add additional protections if needed. Should the harasser violate the order, they can face a misdemeanor, a monetary fine, and imprisonment.
While you do not need a lawyer to request a civil harassment restraining order, having one will help you understand the requirements and the legal hearings that will follow. Our Mission Viejo, CA family law firm is always ready to provide legal support as you request a restraining order and get the protections applied quickly.
Responding to Restraining Orders Filed Against You
If a restraining order is filed against you, you can also trust our lawyers, who help clients with their Mission Viejo civil harassment restraining orders.
If the court issues a restraining order against a person, that person will be given notice regarding the request and the details of the temporary restraining order granted to the victim, as well as notice of a hearing where the court will decide if a final civil harassment order will be granted. They must also abide by every order included in the restraining order, or else they will face immediate arrest and conviction. Harassers can appeal the civil harassment order during the hearing.
You can contact our lawyers at Mission Viejo Family Law to help you understand your rights and how you can defend yourself against the restraining order. We can also explain the details of the restraining order in general terms so you can abide by it until the court hearing.
Contact Our Trusted Family Law Firm Today
While it may sound complicated to file Mission Viejo civil harassment restraining orders for you and your loved ones, the process is actually very simple.
Mission Viejo Family Law’s lawyers are always ready to guide you through the legal process and stop the harassment that is negatively affecting your life completely. We promise everything will be processed quickly, and you can always count on us to provide you with legal support as we wait for the verdict.
Call Mission Viejo Family Law at (310) 564-2587 for your Free Consultation with a Mission Viejo Civil Harassment Restraining Orders lawyer.