The Constitution provides specific protections to allow you to live free from harassment and abuse. The key tool used in achieving this is the restraining order. If you are facing any situation where you feel threatened or unsafe, understanding the various types of restraining orders available is vital.

You can even if you are not in a situation that necessitates a civil restraining order, understanding what it is and when you or a loved one may need one can be highly beneficial. At Goldman Flores Restraining Order Law Firm, we are committed to educating you about your available legal options to help you make an informed decision.

Do not hesitate to contact our attorneys if you or a loved one needs help filing or disputing a civil harassment restraining order (CHRO) in San Diego.

A CHRO at a Glance

A CHRO is a court-issued legal order that protects you from threats, abuse, stalking, violence, or harassment. When you secure a restraining order against someone, that person cannot contact you, come near you, or threaten you. The process starts by submitting the necessary papers to the court, mentioning the incidents of threats, abuse, or violence you faced.

Then the court will review your request and could issue a temporary protective order to offer you immediate protection. Generally speaking, anyone can request the court for a restraining order as long as he/she is threatened, harassed, abused, or stalked and he/she is not in a close relationship with the other party.

For the sake of this order, being in a close relationship means you and the other party are:

  • Divorced
  • Married
  • Domestic partners
  • Separated
  • Live together
  • Have a child together
  • Used to date or are dating
  • In-laws or family members

As long as you are not in a close relationship with the other party (abuser), you can petition the court for a CHRO. For example, you can request a CHRO to restrain any of the following individuals:

  • Friend
  • Co-worker
  • Roommate
  • Neighbor
  • Landlord

Another critical term that stands out in the definition of the CHRO is the term “harassment.” Harassment could be any of the following:

  • Illegal violence, including sexual assault or abuse
  • Credible threats (any statement communicated electronically, verbally, or in writing that could put you in reasonable fear)
  • Any conduct that annoys or harasses you

Patterns of Behavior That Could Necessitate a CHRO

Understanding situations or patterns of conduct or behavior that could form grounds for requesting a CHRO against someone is vital. For example, you can petition the court for this protective order if:

Someone Has Abused You

Various types of abuse could warrant securing a CHRO against someone, including , sexual, physical, and emotional abuse. Therefore, if someone has physically abused you, threatened you (emotional abuse), or engaged in non-consensual sexual intercourse with you, you can request a restraining order against the person.

You are Facing an Imminent or Probable Threat of Abuse

Any credible threat that makes you sustain reasonable fear for your safety would be an excellent ground for petitioning the court for a CHRO. As long as your attorney can prove that a reasonable, sober person in your situation would have perceived the conduct or behavior in question with fear, the court could grant you a protective order against the alleged abuser.

Arguing that the accuser was constantly stalking, making you sustain a reasonable fear for your safety, could convince the court to grant a civil harassment protective order. Even if there is no bodily contact between you and this person, these acts are grave enough to necessitate a court-issued protective order.

You are Facing Serious and Persistent Harassment

Harassment involves a pattern of conduct or behavior, including repeated phone calls, messages, emails, or any other act that can cause someone to suffer emotional distress. The judge will likely consider this factor when deciding whether to grant you a CHRO.

It is worth noting that for the judge to consider the act “civil harassment,” the alleged abuse should not be with anyone you have had a close relationship with. If the alleged abuser is a relative or a current or previous romantic partner, the judge will consider that a domestic case. That means you should request a domestic violence (DV) restraining order.

Types of CHROs You Ought to Know

As mentioned in the previous paragraph, you should know your options before petitioning the court for a CHRO. There are four (4) types of CHROs you could qualify for to protect yourself from abuse, threats, or harassment, and they include:

Emergency Protective Order (EPO)

A police officer has the authority to request the court for an EPO if he/she believes that you need protection from possible imminent threats of abuse or violence. An officer can request an EPO immediately once you dial 911 to report a harassment or abuse case.

That means, he/she will complete the EPO request form and issue it to the judge to determine whether you, the victim, qualify for this protection. Judges are available 24/7 to confirm these orders whenever needed. Once issued, the EPO will become effective immediately, restraining the abuser (restrained person) from committing various acts, including contacting you for about a week.

The court will more likely grant an EPO application if your civil harassment case involves stalking or criminal threats. The EPO gives you the necessary immediate protection you need before the court grants a temporary protective order.

Temporary Restraining Order (TRO)

If you have a civil harassment case and need legal assistance, you should begin by filling out and completing the necessary forms that describe your unique case and why you require the court's assistance.

Then the court will review the forms and decide whether to grant a TRO. It is worth noting that the judge can grant you a TRO even without the alleged accuser being present in court. Once issued, a TRO could last up to twenty-one days or until a hearing occurs. Generally speaking, you can request a TRO if:

  • Your EPO has expired
  • You are facing any type of abuse or harassment

Securing a TRO is your first step toward securing a permanent restraining order against the alleged abuser.

Permanent Restraining Order (PRO)

The judge will schedule a proceeding before your TRO expires to determine whether to grant you a PRO. You and the alleged abuser can attend the proceeding to help the judge determine whether the PRO is needed. If the judge approves the PRO, it could last three (3) to five (5) years. The judge will dismiss this case when you fail to attend the scheduled hearing.

During this proceeding, you will rely on your attorney to help convince the court why you require a PRO. When deciding whether to grant the PRO, the court will listen to your attorney and the alleged abuser or his/her attorney. The judge will consider the following:

  • The duration of the order's validity
  • Whether the protective order is necessary
  • The restrictions that shall be enforced by the order

Order of Protection

In a serious civil harassment case that involves violence or harassment, the judge could grant a protective order specifically to protect you and your loved ones. Even after the prosecutor files charges against the alleged abuser, this order will remain in effect during the entire legal process.

When you enter a guilty plea or the prosecutor secures a conviction against you at trial, the order will remain in effect for three years.

How to File a CHRO

Taking the first step to securing legal protection after a case of harassment or abuse is vital. Here is a step-by-step guide on how to secure a CHRO:

  1. Gather Adequate Evidence of Abuse or Harassment

Having your evidence handy can help during the hearing and increase your chances of securing a restraining order. Examples of evidence that could work in your favor in court include:

  • Printouts of the threatening text messages or emails
  • Photos of your injuries
  • Police report regarding the case
  • Medical records

This evidence could strengthen your petition and increase your chances of securing the protection you are seeking.

  1. File the Required Forms

Visit the court’s website and download the necessary forms for applying for a CHRO. Ensure you complete these forms accurately, highlighting the specific details of the abuse or harassment, including the date and time and witnesses available.

Ensure you fill these forms accurately because any erroneous information or mistakes could jeopardize or delay your case. Once completed, you or your attorney should submit these forms to the court within your county of residence for review. The filing commences your formal request for court protection against abuse or harassment

  1. Serve Your Petition Papers to the Other Party

You should serve the respondent or alleged harasser with a copy of your petition, any TRO issued, and a notice about the scheduled hearing. At this hearing, the judge will decide whether your case necessitates a CHRO. Unless the court allows a shorter time, the alleged harasser should receive this paperwork within five days of the scheduled hearing.

  1. Attend the Scheduled Court Hearing

After receiving your application for a CHRO, the judge will schedule a hearing to determine whether you qualify for the protection. Ensure you attend this hearing to present your side of the story and the available supporting evidence and testimonies. At this hearing, the alleged harasser or abuser can respond to your claims for the TRO. He/she could explain, disagree with, reject, or back the harassment.

The court will review all available evidence and determine whether the abuse or harassment occurred. Then, the judge will decide whether your case warrants a TRO or a PRO.

The judge's decision during this hearing is vital to your CHRO petition. Hence, having a skilled and reputable attorney to help craft the applicable evidence and present it in court can significantly affect your case's outcome. The judge could deny your petition for a CHRO if you do not have sufficient evidence to support the reason you require it.

Additionally, the court could dismiss your CHRO request when you fail to appear during the scheduled hearing. For all these reasons, having an attorney who understands the ins and outs of this process could be helpful.

Examples of Protections That a CHRO Offers

A TRO or the order (PRO) following the hearing will offer you various protections. For example, it can serve any of the following functions:

  • Prevent the alleged harasser or abuser from disrupting your peace or damaging your belongings or property
  • Require the harasser or abuser to stay a specific distance far away from you or your family
  • Ensure the abuser or harasser stays far from your pet and he/she does not take it away or injure it
  • Prevents the harasser from attacking, threatening, or bothering you in any way, including texting or making bothersome phone calls
  • Grants you custody and control of all pets that you live with
  • Ensures the alleged harasser has no way to reach you, whether electronically through mail, or directly
  • Ensures the alleged harasser pays you all the incurred court and attorney fees

When the court finds your argument compelling, you can add your household members and family to your CHRO.

What to Anticipate When the Restrained Person Violates a CHRO Requirement

Penal Code 273.6 makes it illegal to violate or breach the requirements of a CHRO. When the police arrest you for an alleged PC 273.6 violation, consulting with an attorney is paramount because a conviction could lead to harsh legal consequences. To secure a PC 273.6 violation conviction against you, the prosecutor must prove the following facts or elements of the crime at trial:

  • The court issued a protective order against you
  • You were aware of the protective order
  • You were able to adhere to the protective order
  • You deliberately breached the CHRO

In many cases, a PC 273.6 violation is a misdemeanor, carrying the following possible penalties after a conviction:

  • Up to a year of jail time
  • A fine amounting to up to $1,000

The prosecutor can also file a PC 273.6 violation as a wobbler offense if it is your second conviction, particularly involving violence. When the prosecutor files your offense as a felony, you could face felony or misdemeanor penalties.

A misdemeanor conviction will carry the penalties mentioned above. However, if your offense is a felony, a conviction could result in harsher penalties, including:

  • A fine amounting to up to $10,000
  • Detention in the state prison for up to three years

Legal Defenses Your Attorney Can Apply When Charged with a PC 273.6 Violation

Your attorney could apply the following legal defenses to challenge a PC 273.6 violation:

You Had No Criminal Intent to Violate the CHRO

Your attorney can challenge a PC 273.6 violation by arguing that you had no criminal intentions of breaching the conditions of the CHRO issued against you. For example, your attorney can argue that you were unaware of the protective order and had no criminal intentions of breaching it.

In other words, your attorney should prove to the court that you reasonably believed the protective order allowed your behavior or acts. Examples of evidence that your attorney can use to support this legal defense argument include documents, eyewitness testimonies, and any other crucial detail that can prove that you were unaware of the protective order.

The Prosecutor's Evidence is Insufficient

Like any other criminal offense, the prosecutor bears the legal burden of proving all the elements of the crime beyond a reasonable doubt. An aggressive attorney can challenge the prosecutor's arguments and provide evidence that can weaken his/her case against you, resulting in a lighter sentence or dismissal of the charge.

You Were Unaware of the Restraining Order

It is a valid legal defense to argue that you were unaware of the protective order when charged with a PC 273.6 violation. For this legal defense to be successful at trial, your criminal defense attorney must prove with clear evidence that you did not have any reasonable way of learning about the protective order imposed on you and its requirements.

You are a Victim of False Allegations

Sometimes, PC 273.6 allegations are untrue, and the court understands that, particularly in DV-related cases. Arguing that the allegations you are facing are exaggerated or false could work in your favor to secure a favorable outcome.

Key Tips to Bear in Mind When Filing Your CHRO Petition

Here are notable insights to bear in mind when seeking court protection against harassment, abuse, or threats:

Hiring a Skilled Attorney is Paramount

When navigating this process, seeking legal guidance and representation from a skilled attorney is crucial. The attorney you will hire can provide personalized legal advice, assist you in gathering strong evidence, and represent your unique case persuasively in court, increasing your odds of securing the protection you need.

Prioritize Computer Safety

What you research on a shared computer can be used against you, reducing your chances of securing a CHRO against the alleged abuser. Therefore, deleting browsing records after researching anything sensitive on a shared computer or laptop is wise. If necessary, you should consider using a friend's phone or laptop to protect your privacy as your case continues.

Securing a restraining order is a serious legal matter with significant consequences. Ensure you keenly review the details, comply with all the legal processes, and adhere to the court's guidelines.

Frequently Asked Questions (FAQs) About CHRO

The following are some frequently asked questions about CHRO:

  1. What is the Difference Between a Criminal Protection Order (CPO) and a CHRO?

Many people frequently confuse CHRO and CPO, but these are two different court orders of protection. The court will issue a CPO as a part of a criminal case, usually domestic violence-related cases, to protect an alleged victim from any further harm or abuse. The court can issue a CPO to a victim of DV-related cases even without filing a petition because it is a routine part of these criminal proceedings.

On the other hand, you can request a CHRO even if there is no pending or ongoing criminal case. Any person can request this protection as long as he/she and the abuser are not in a close relationship as described in the previous paragraph.

  1. Why Do I Need to Hire an Attorney When Applying for a CHRO?

Retaining the services of an attorney when petitioning the court for a CHRO is paramount for many reasons. In addition to being your legal counsel, you will rely on your attorney to help identify the forms you need to use and gather the evidence that can help convince the court you are an excellent candidate for the protection.

  1. Can a CHRO Lead to a Personal Injury Claim?

Yes, a CHRO can evolve into a personal injury case, depending on the facts and circumstances of your unique case. Below are examples of scenarios where a CHRO could evolve into a personal injury claim:

  • You sustained physical injury — If the harassment, abuse, or violent acts resulted in an injury, you can file a personal injury claim to secure damages for your losses
  • You suffered emotional distress — Severe cases of harassment can lead to emotional distress, depression, fear, and anxiety, particularly if the alleged abuser’s acts or behavior are persistent

In these situations, securing a CHRO can help protect you by limiting the alleged abuser's actions. However, when the harassment or abuse results in an injury or emotional distress, you can file a personal injury claim to secure damages for your monetary and non-monetary losses.

Find a Protective Order Attorney Near Me

If you have any legal issues regarding a CHRO, working with a reputable attorney is a decision you cannot regret. Whether you want to secure a protective order against someone or you are under arrest or charged with a PC 273.6 violation, our attorneys at Goldman Flores Restraining Order Law Firm are here to help, wherever you are in San Diego.

Call us at 619-943-4400 to discuss the details of your unique case with our protective order attorneys for the appropriate legal advice and legal representation you need to secure a desirable outcome.