Civil Harassment Restraining Orders: Tips to Succeed As A Petitioner or Respondent

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Civil Harassment Restraining Orders: Tips to Succeed As A Petitioner or Respondent

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2 жыл бұрын

Whether you are filing a Civil Harassment Restraining Order ("petitioner") or are responding to one ("respondent"), here are some suggestions after the TRO and before the hearing. If the petitioner prevails at the hearing, the TRO will normally turn into a permanent injunction ("restraining order"), typically for 5 years. If the respondent prevails, the injunction will typically expire that day.
A restraining order can impact a respondent's ability to possess firearms, can require a respondent to acknowledge the existence of a restraining order against him/her if asked during a job application, and can complicate immigration matters. So even if the respondent has no need to interact with the petitioner, it's still important to defend against one.
In California, a Civil Harassment Restraining Order (CHRO) can be filed by the petitioner ("protected party") against a respondent ("restrained party") that has caused, or threatened to cause, abuse, sexual assault, or serious harassment against the petitioner.
When I said in the video that these aren't usually filed for physical violence, they certainly can be, but what I meant was that they are commonly filed for matters that involve verbal harassment over outright assault or battery.
Civil harassment restraining orders can only be filed against someone you have not dated, do not have a close relationship with, or is a family member that is not a member that could fall under the purview of a domestic violence restraining order (DVRO). If it's a father, mother, son, or daughter, this would probably fall under a DVRO. But other family members, such as uncles, aunts, nieces, nephews, or cousins, it would be a CHRO.
For more information, look at the California Courts website at: www.courts.ca.gov/1044.htm?rd...
THIS IS NOT LEGAL ADVICE SPECIFIC TO ANYONE'S MATTER. THIS IS GENERAL INFORMATION INTENDED TO BE HELPFUL. NO WARRANTIES ARE EXPRESSED OR IMPLIED. RELY ON INTERNET INFORMATION AT YOUR OWN RISK.

Пікірлер: 53

@pokerisbananas5734 2 жыл бұрын

There is very little material on the internet to help prepare people for Civil Harassment Restraining Order hearings. Really appreciate your help, and I hope this helps others as much as helped me. I feel much more prepared for my hearing tomorrow. Thank you sir.

@NickC9545 2 жыл бұрын

I'm glad to hear that this is helping people.

@mathers1980 Жыл бұрын

I'm in the same boat.... how did it go?

@bubblywaters3116 Жыл бұрын

Thank you. This came in so very handy. So helpful! I'm glad I listened prior to filing. I'll definitely win now.

@wow3130 Жыл бұрын

Did you win…?

@bubblywaters3116 Жыл бұрын

@@wow3130 I did. :-)

@wow3130 Жыл бұрын

@@bubblywaters3116 how was it what did you say etc ?

@Batest212 Жыл бұрын

Super helpful and underrated video!! 💪🏽💪🏽

@NickC9545 Жыл бұрын

Thanks for saying that.

@mariakathleen1064 3 ай бұрын

Excellent break down!

@NickC9545 2 ай бұрын

Thank you!

@jennychavez2436 4 ай бұрын

Great video! Thank you

@NickC9545 4 ай бұрын

You are welcome!

@JOSHUAloves1 Жыл бұрын

Very good thanks

@MentallyHellthy Жыл бұрын

Thank you!

@robertmtaylor2472 2 жыл бұрын

You have to prove as a Plaintiff the Evidence that is out there, to win a Civil Harassment Case, against the Defendant, in a big way!

@NickC9545 2 жыл бұрын

Absolutely

@sixinchhiheels 2 жыл бұрын

@@NickC9545 What is the difference between criminal court and civil court when it comes to proving a case? In other words, does a plaintiff in a civil court case need to prove their case beyond a reasonable doubt?

@user-gn4db2ii4n Жыл бұрын

If it's criminal, yes

@BreannaMarinakis-gs6dh 7 ай бұрын

I have been harrased by my neighbor for about a year. It's gotten more frequent and volatile. He's been threatening, yelling demeaning things about my small children, and so much more. Recently, my husband and I began recording him and have many videos of him screaming about us and our children. A judge granted a TRO and he has been served. We have court on Tuesday and I have transcribed the videos and put them on a USB drive for the court. Am I allowed to transcribe those videos myself? Any advice is appreciated and thank you for the helpful video.

@johnleebass Ай бұрын

Feel your pain, mine punched me and vandalized my car (my TRO hearing is 06.26), BUT with children, yours is a whole different level, that's just awful to have to live that way, and raise a family, have peace and enjoyment. All the best with a quick remedy 🙏

@BreannaMarinakis-gs6dh Ай бұрын

@@johnleebass Thanks so much. Just to update, this video helped a lot in court. However, I will say even having the restraining order granted, it did not result in a more peaceful situation. He has violated multiple times and now the court process continues. Just something to be mindful of, best of luck to you. 🙏🏻

@darrenkuo2005 Жыл бұрын

Thanks so much for posting this! How do you show emotional distress? And that the order is necessary to prevent future damages? Does everyone have to go to therapy to show this? Do you have to show that you didn’t go to work or your life was displaced? What if you were just very scared but still had to take care of family? How important is that point if everything else is already shown?

@NickC9545 Жыл бұрын

You have good questions, but I can't answer them without signing a representation agreement and fully understanding the facts of your case. If you're not in San Diego or Northern California, you'll need to hire a lawyer in your city.

@brainbomb. Ай бұрын

11:38-11:49 Oh HAIL naw that's discrimination lol.

@Andy-bd2xe 7 ай бұрын

Hello, great video btw. I am filing a civil restraining order against my neighbor. How do I present video evidence? Do I have an SD card ready for the judge? Also, when police responded do I just provide incident number to the court? Thank you!

@Jessica_Sesijca Жыл бұрын

When you say pattern of conduct over time, does that start after I've told him to leave me alone and haven't responded to his calls or various numbers (over 30 because I have to keep blocking him) he's tried contacting me on, for 10 days? Or how long should I have to keep documenting this behavior? I gave in and spoke to him yesterday when he showed up to my job and I told him to leave me alone and please go away, (I have witnesses) yet he continues to blow up my phone at various hours of the night and show up unannounced to my apartment, ringing the doorbell at 1am for hours.. ( my friend has been staying the night with me 8 days out of the 10) he's consistently texting me as of now, which is why I'm awake watching this video. My phone has stayed on silent.. I've been late to work.. I just don't know how much more I can take. How long of documentation is enough?

@NickC9545 Жыл бұрын

The law doesn't define a specific parameter. It's basically a reasonable person standard. Sounds like you have enough grounds to reasonably apply for a CHRO. I recommend that you print out screenshots of as many of his harassing messages as you can to show to the judge/commissioner if asked.

@edgetown1 10 ай бұрын

H Nick, Great video, really helpful. I have filed a request for a CH TRO against on of my neighbors. I was granted a 6 mo. CH TRO back in July 2020 against the same neighbor for the same type of behavior. I did provide the Court with eye witness accounts of what happened over 3 different times. The respondent requested a continuance of the first hearing due to "illness" according to the Judge. I did not receive the request until after the hearing date. I later found it that the respondent was in Hawaii two days after the hearing date. What that be relevant to the Judge? Second, the hearing date is Sept 19. I have not received any documentation from the respondent as to what they will present at the hearing. Is that required? If so, can I request a continuance in order to address the response of the respondent. I live in California. Thanks

@NickC9545 10 ай бұрын

At the hearing, if the judge is looking at exhibits that weren't exchanged with you in advance, that would be the time to request the time to examine them - either through a recess, a trailing of the matter, or if you truly need extra days - a continuance. The fact that the respondent was granted a continuance earlier and was allegedly in Hawaii is probably not as clear cut as it seems. There are a multitude of legitimate reasons the respondent could have been in Hawaii during the first hearing, such as being sick in Hawaii, or caring for a family member who was. You can bring it up as an attempt to show bad faith by the respondent, but don't expect it to be impactful. And the continuance of the first hearing ostensibly meant that the CHRO just lasted longer against the respondent, so that would be prejudicial to the respondent, not to you. Lastly, if you were granted a 6 month CHRO back in July 2020 (and not a permanent injunction), then why is your next hearing over 3 years later, on September 19, 2023?

@edgetown1 10 ай бұрын

@@NickC9545 Hi Nick, thanks for the response. Just to confirm, if the respondent is filling documents to refute the CHRO request, then they are required to provide/serve them to me, correct? By what time frame are they required to do that? Second, in regards to the first CHRO granted in July 2020, the respondent never appeared at the hearing so the Judge granted the 6 month CHRO. The Judge stated that if nothing has happened between July 2020 and Jan 6 2021, he would remove the TRO. Nothing happened, so CHRO was removed Now, the same person is harassing me again. But this time it is on multiple occasions. It has become incredibly stressful for me to live in my Community with this type of behavior from him. In addition, I was the President of the Board. But I decided to resign due to the stress because of the lack of any support from the Board, some of whom are his good friends. The harassment happened while I was performing my duties as a Board Director in the Community.

@prettyconnie1352 Жыл бұрын

Are you in the Sacramento, CA area by any chance? I need an attorney like you to represent me!!!!

@NickC9545 Жыл бұрын

I do have clients in the Bay Area, but before you hire an attorney, go to the unlawful detainer clinic of the Superior Court. Whatever questions you can get answered from them you won't have to pay an attorney to answer.

@prettyconnie1352 Жыл бұрын

@@NickC9545 thanks Nick! I'd hire you as my attorney in a heart beat if you are in Sacrame to!!!

@basicprogrammer6147 6 ай бұрын

Could I lose the right to see my son for 5 years?

@chewezx1767 2 жыл бұрын

How do I submit video evidence to the court in a protective restraining order hearing? I have a hearing coming up next Monday! I've been looking for a lawyer but they all cost a arm and a leg!

@NickC9545 2 жыл бұрын

Call the civil clerk in the civil department that hears injunctions/restraining orders. The app or program each court uses for uploading are different. Ask how you can upload pertinent video evidence for the judge to view. Some judges will allow the bailiff to bring your phone or laptop to the bench during trial. Make sure your video is ready to play. You may only get one chance so don't waste it on buffering or a dying battery.

@dezmion Күн бұрын

Is it a horrible argument to request the court observe the evidence under a preponderance of evidence if the petitioner would have been protected under a dvro. My logic is as such: if the court allows for dvro cases to protect members close to the petitioner, the court must acknowledge that it’s reasonable of any person close to the petitioner to be fearful, even if no acts/ threats of violence are directed at them. So the petitioner of the civil case should only have to prove acts/ threats of violence directed at (the petitioner of the dvro) were legitimate and that (the petitioner of the dvro) believes the respondents threats are credible, but did not file a restraining order out of fear. Ex: fear of respondent losing their children, respondent not getting work, respondent sending another member of their family to harm them. It is my argument that if any acts of harassment by the respondent were targeted at the petitioner of the civil case even one time, so long as the petition would have been protected under a dvro, it is reasonable to treat the evidence under preponderance of evidence and not hold it to the same scrutiny as a civil case. Simply because the potential petitioner (of the dvro) failed to act on credible threats do not diminish the credibility of said threats nor diminish the threats nor the fear such threats evoked.

@thewiseguy7100 8 ай бұрын

Hi I am 25 year old woman who wants to file some kind of restraining order on my guy friend. He’s gets drunk and does drugs and has threaten me on the phone if I don’t let him burrow the car or money. Which restraining order do I file? I’m in California

@NickC9545 8 ай бұрын

If he's just a platonic friend then a civil harassment restraining order offers protection against individuals like this with whom you do not necessarily have a close relationship with, e.g., neighbors, roommates, friends, acquaintances, and extended family. However, if you have or had an intimate relationship with him then you'll presumably want a domestic violence violence restraining order.

@vinyl2664 2 жыл бұрын

She was making all the right comments then cut off 🙄

@NickC9545 Жыл бұрын

Oh, can you please give me the approximate timestamp in the video where that happened?

@Legendaryhead 3 ай бұрын

So what if someone is harrassing you and using black mail to shake you down for money?

@NickC9545 2 ай бұрын

Keep and print the records of the communication. Bring them with you and ask to speak to the restraining order clinic advisor at your county court if you're in CA

@tehallanaz 11 ай бұрын

What do i do if someone has all my devices hacked ?

@NickC9545 11 ай бұрын

If that's the case, I suggest you do a clean install on all of your devices

@brainbomb. Ай бұрын

That is cyberstalking.

@VirgilDryway 9 ай бұрын

I'm filing a restraint order on my wife what evidents do I need I have lapd records she got arrested 4 months ago and evidents from media phone calls

@NickC9545 9 ай бұрын

If you can archive any threatening text/email or written messages she sent you, that will help. If you have threatening voicemails from her, those will help too. If you recorded phone conversations with her, the judge may not admit those. But once the restraining order is issued, you probably will be allowed to violate California's two-party consent rule and record conversations without her knowledge. But ask the clerk for hire a lawyer to be sure

@basicprogrammer6147 6 ай бұрын

She was granted exclusive possession of the home during the pendency of the divorce proceedings. 3 months in, around Christmas, I breached the curtilage because a stranger's car was on my driveway. I went on the driveway to see who's car it was, and then I went up the first 2 of 6 steps to see who was in my home. I saw that it was my daughter home from college. So I left. They saw me on the Blink camera and became alarmed. She filed a new order of protection. Will it be granted?

@NickC9545 6 ай бұрын

You have a plausible explanation if afforded the chance to defend yourself, but you most likely shouldn't be that close if there was a current restraining order. It's a wobbler and depends on the full context, which I can't be privy to without knowing all of it from both sides.

@basicprogrammer6147 6 ай бұрын

@@NickC9545 Is Exclusive Possession restraint? I thought it meant more like if I tried to get in, rather than inspect the curtilage because of something strange on my property.