Unlike Domestic Violence Restraining Orders, Civil Harassment Restraining Orders involve situations in which the harasser doesn’t have any close ties to the victim. In order to qualify for a Civil Harassment Restraining Order in California, you need to have been stalked, harassed, sexually assaulted, or threatened with physical violence. In addition, you and the person you want the order against can’t be married, former spouses, closely related, or romantically involved.
You can download all of the restraining order forms you need from the California Court’s official website. Once the forms are ready, you can have them reviewed by your court’s self-help center. The procedure for actually filing the forms varies from court to court, so you should check with your local court clerk. However, you will typically take the forms to the court clerk, who will then give them to the judge. The clerk will then tell you when to return to the courthouse to find out whether or not the judge granted your request.
Moreno Family Law handles a wide range of family law issues, including restraining order requests. To speak with a San Jose family lawyer, call (408) 266-9011.