Civil Harassment
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Civil Harassment
Feeling threatened by neighbors or strangers is frightening, particularly if you’re not sure what options you have for stopping the threat or for protecting yourself against it. Likewise, if you are being accused of harassment and are seeking legal defense, it can feel overwhelming to find a reliable defense attorney to represent you.
Fortunately, you don’t have to face this situation by yourself. You do have legal options to safeguard yourself with protective orders.
As a former deputy district attorney and experienced civil harassment attorney in San Diego, I can help you to file a civil harassment restraining order in California. In addition, I can guide you through the process of filing a civil lawsuit for harassment or help you find a fair outcome if you’re facing civil harassment charges yourself.
What Exactly is Civil Harassment?
Civil harassment and domestic violence are similar to each other in that they both are charged under California criminal codes for crimes against people. What makes civil harassment different is that it doesn’t have to involve an immediate family member or significant other. Instead, it may involve more distant family such as cousins, nieces/nephews, or aunts/uncles, as well as non-romantic roommates, work acquaintances, neighbors, friends, or strangers. If one of the above parties is threatening to harm you, it is within your right to file a civil harassment restraining order against them in California. With the help of an attorney, you can easily secure a protective order and attain a new sense of security going forward. Likewise, an attorney can help you to collect damages due to being harassed and threatened by a distant family member, your friends, and strangers.About Civil Harassment & Restraining Orders
Once the court issues a civil harassment restraining order, the accused offender must abstain from contacting the accuser or any member of their household. Further, offenders are required by law to physically stay away from the accuser; this includes but is not limited to the accuser’s children, school and/or work, and their children’s school and/or work. Law enforcement is able to see the restraining order at any time, as the information is stored in a statewide computer network. In California, a civil harassment restraining order can remain active for up to five years from the date at which the order was issued. The length of the order, however, is at the court’s discretion.- Temporary restraining orders, or “TRO,” can remain in effect for up to 21 days. Other types of civil harassment restraining orders can be enacted for as little as a few days.
- Emergency protective orders, or an “EPO,” can last for up to seven days.
- EPOs are issued under two conditions:
- It’s determined that a person requires immediate protection from another person, and,
- They contact a judge and get approval for the order from the Superior Court of California.
What happens if a person violates a civil harassment restraining order?
A violation of a restraining order in California is most often charged as a misdemeanor and punishable by up to one year in county jail, and/or a maximum fine of $1,000. In the case that the violation came with an act of violence, or if it was the offender’s second conviction, different punishments can be charged as a felony. In this scenario, the offender can be sentenced to state prison for up to three years, and/or fined up to $10,000. When facing criminal charges for civil harassment, it is wise to seek legal counsel from an experienced civil harassment attorney immediately.More Details About Civil Harassment
One (unfortunately) common example of civil harassment includes being stalked. Another is receiving harassing calls, texts, or emails, or any correspondence that threatens your safety and livelihood. Filing a civil harassment restraining order in California is critical for your physical and psychological safety when another’s conduct is menacing your life. The conduct of the other party is deemed harassment if it is annoying, is alarming, and doesn’t serve a legitimate purpose. Specifically, the person seeking court protection must have suffered serious emotional distress as a result of the other person’s conduct.How to File a Report
In order to file your case, you must complete seven forms in the Civil Harassment Restraining Order Form Packet. These include:- Civil Case Cover Sheet (CM-010);
- Confidential (CLETS) Information (CLETS-001); and
- Civil Harassment Restraining Order After Hearing (CH-130).
- Declaration Re: Notice Temporary Restraining Order (L-0889);
- Notice of Court Hearing (CH-109);
- Temporary Restraining Order (CH-110);
- Request for Civil Harassment Restraining Orders (CH-100);
Tap into the Restraining Order Expertise of Attorney Michael C. MacNeil

Additional Resources
If you are experiencing an emergency, are in immediate danger, and/or feel someone you love is at risk for harm, please call 911. Domestic Violence Support in California National Domestic Abuse Hotline: 888-385-4657what people say
Michael was hired on short notice to handle our case and was successful at helping us obtain a permanent restraining order. Michael was thorough and detailed and kept us informed all along the way. We would not hesitate to obtain Michael's services again.
-C A.
-C A.
Michael was amazing and thorough in all his advise. He told me up front about what he thought the settlement would be and he was spot on!He has the most reasonable fees for the area and provides exceptional service and attention.Go with Michael and you won't regret it!Doctor B
-Prakash B.
-Prakash B.
Michael MacNeil was able to successfully help us navigate through a family law issue that stumped every other attorney we spoke to. With regards to his ability to secure a move-away order, I am writing this review from Europe where I now live. Thanks Michael!
-Alex M.
-Alex M.