What Is a Civil Harassment Restraining Order?
Under Code of Civil Procedure 527.6, a person who has suffered harassment can seek a court order requiring the other person to stay away and stop the harassing conduct. Unlike domestic violence restraining orders, civil harassment orders apply to relationships such as neighbors, roommates, or extended family members who do not live together.
RV Litigation Group PC represents clients in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
What the Law Says
Code of Civil Procedure 527.6(b) — Harassment Defined
"'Harassment' is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose." — California Code of Civil Procedure Section 527.6(b)(3)
The conduct must be a "course of conduct" — meaning a pattern of at least two acts, not an isolated incident — and it must serve no legitimate purpose. A single unpleasant interaction generally does not meet this standard, which is a key defense in many civil harassment cases.
Real-World Examples
A homeowner in Oakland experiences months of threatening confrontations, property damage, and late-night disturbances from a neighbor following a boundary dispute. Counsel prepares and files a petition for a civil harassment restraining order, documenting the required course of conduct and credible threat elements.
A San Jose resident is served with a request for a civil harassment restraining order by a former roommate following a single heated argument over a security deposit. Counsel argues the single incident does not meet the statutory course-of-conduct requirement and that the underlying dispute is a civil matter, not harassment.
An individual receives repeated unwanted contact and threats from a former business associate after a professional falling-out. Counsel obtains a temporary restraining order and prepares for the permanent order hearing, presenting evidence of the pattern of conduct and its impact.
What's at Stake
| Stage | Governing Law | Timeline |
|---|---|---|
| Temporary Restraining Order | CCP 527.6(c) | Can be granted the same day the petition is filed |
| Hearing on Permanent Order | CCP 527.6(g) | Generally within 21-25 days of the TRO |
| Duration of Permanent Order | CCP 527.6(j) | Up to 5 years, renewable |
How We Help
1. Petition Preparation
For those seeking protection, we prepare a thorough petition and declaration documenting the required course of conduct and credible threat elements.
2. Emergency TRO Requests
When immediate protection is needed, we move quickly to request a temporary restraining order pending the full hearing.
3. Defense Against Improper Petitions
For those wrongly accused, we challenge petitions that do not meet the statutory standard and present evidence contradicting the alleged harassment.
4. Hearing Representation
We represent clients at the contested hearing, presenting evidence and cross-examining witnesses to secure — or defeat — a permanent order.
Frequently Asked Questions
A domestic violence restraining order applies to family members, current or former intimate partners, and household members. A civil harassment order under CCP 527.6 applies to other relationships, such as neighbors, roommates, coworkers, or extended family members who do not live together.
Generally, no. The statute requires a "course of conduct" — a pattern of at least two acts — that seriously alarms or harasses the target and serves no legitimate purpose. A single unpleasant exchange typically does not meet this threshold.
A civil harassment order can require you to stay a specified distance away from the protected person, their home, and workplace, and can prohibit contact. Violating the order is a criminal offense, and the order can appear in background checks affecting employment and housing.
A temporary restraining order can be issued the same day the petition is filed if the judge finds sufficient evidence of harassment, providing protection until a full hearing is held, typically within 21 to 25 days.
