Understanding Civil Harassment Restraining Orders

 Civil harassment restraining orders are powerful legal tools designed to protect people from stalking, threats, harassment, or other unwanted behavior. However, they can also have serious consequences for both sides; whether you’re seeking protection or defending yourself against an unfair accusation.

At The Law Office of Eric A. Marshall, we have extensive experience both prosecuting and defending civil harassment restraining orders in California State Court. We know how these cases unfold, what judges look for, and how to build a strong case for our clients on either side of the dispute.

A civil harassment restraining order ("CHRO") is a court order that helps protect someone who has been harassed, threatened, stalked, or abused by another person who is not a close family member or romantic partner.

You might need a CHRO if someone:

• Repeatedly follows or contacts you against your wishes
   
• Harasses or threatens you online or in person
   
• Commits acts of violence or threatens physical harm
   
• Disturbs your peace through ongoing, unwanted behavior
   

On the other hand, if you’ve been served with a restraining order, you have the right to defend yourself. False, exaggerated, or retaliatory claims do happen — and having skilled legal representation can make the difference between having an order issued against you or being cleared entirely.

To obtain a civil harassment restraining order, the person asking for protection (the petitioner) must show that:

1. The other person (the respondent) engaged in unlawful harassment, which can include violence, credible threats of violence, or a course of conduct that seriously alarms, annoys, or harasses and serves no legitimate purpose.
    
2. The conduct would cause a reasonable person to suffer substantial emotional distress.
    
3. The petitioner actually suffered substantial emotional distress as a result.
    

Unlike criminal cases, where the burden of proof is “beyond a reasonable doubt,” civil harassment restraining order hearings use a lower standard: “clear and convincing evidence” (Or a lower burden of proof if the petitioner is over 65 years of age). This means the judge must be firmly convinced that the harassment occurred and that an order is necessary for protection.

A civil harassment restraining order can have serious legal and personal consequences. Once issued, it can:

• Prohibit contact or communication of any kind (in person, online, or through third parties)
   
• Require the restrained person to stay a certain distance away from the protected person’s home, work, or school
   
• Force the restrained person to surrender firearms and ammunition
   
• Appear in law enforcement databases, which can affect background checks, employment opportunities, and immigration statuses
   

Violating a restraining order can also lead to arrest and criminal charges, even if no physical harm occurred.

Because the impact of these orders can be long-lasting, both petitioners and respondents need skilled representation to ensure their rights are fully protected.

Attorney Eric Marshall has handled numerous civil harassment restraining order hearings in California State Court; representing both victims seeking protection and individuals defending against false or exaggerated claims.

• When representing petitioners, Mr. Marshall gathers evidence such as texts, emails, social media posts, and witness statements to present a clear, compelling case for protection.
   
• When defending respondents, he challenges weak evidence, cross-examines witnesses, and exposes inconsistencies or motives behind the accusations.
   

Having litigated these matters from both sides, Eric Marshall understands how judges analyze these cases, what evidence carries the most weight, and how to craft effective courtroom strategies that protect his clients’ interests.

Civil harassment restraining orders are often emotionally charged and legally complex. Whether you’re trying to protect your safety or your reputation, having an experienced advocate on your side can make all the difference. Attorney Eric Marshall has successfully prosecuted and defended several restraining orders.

At The Law Office of Eric A. Marshall, we approach every case with thorough preparation, practical strategy, and a focus on achieving lasting solutions, in or out of court.

If you are seeking or defending against a civil harassment restraining order, contact The Law Office of Eric A. Marshall today for a confidential consultation. We’ll help you understand your options and protect your rights at every stage of the process.