If someone outside your immediate family is harassing, threatening, stalking, or abusing you, you may be eligible for a Civil Harassment Restraining Order (CHRO) under California law. These court orders offer crucial protection for your physical safety and emotional well-being. Below, we explain the application process, the types of protection offered, and how CHROs differ from domestic violence restraining orders.
Who Can Request a Civil Harassment Restraining Order?
A CHRO applies when the person bothering you is not a spouse, intimate partner, or close family member. This includes:
- Neighbors
- Roommates
- Coworkers
- Acquaintances
- Strangers
You may qualify if the person has:
- Committed unlawful violence against you
- Made a credible threat of violence
- Harassed, stalked, or threatened you in a way that causes significant emotional distress
What Is a Credible Threat or Serious Harassment?
Under California Code of Civil Procedure § 527.6, a credible threat of violence is one that would cause a reasonable person to fear for their safety or the safety of their immediate family. It can be verbal, written, or implied through actions.
Examples of credible threats or harassment:
- Repeated threats via text or social media saying, “I’m going to get you.”
- Unwanted visits to your home or workplace after being told to stop
- Following you to and from work or school
- Taking photos of you without consent while hiding or stalking
- Yelling profanities or slurs in public in a threatening manner
- Repeated phone calls or messages at odd hours
Harassment doesn’t have to be violent — it can be behavior that seriously alarms, annoys, or harasses you without legitimate purpose and would cause a reasonable person substantial emotional distress.
How to Apply for a Civil Harassment Restraining Order
1. Complete the Required Forms
Use Form CH-100 to request protection. More guidance is available from the California Courts Civil Harassment Self-Help Center.
2. File the Forms at Your Local Courthouse
You must file with the civil division in the county where the harassment occurred or where either party lives. In San Luis Obispo, visit the San Luis Obispo Superior Court.
3. Ask for a Temporary Restraining Order (TRO)
If you need immediate protection, the court can issue a TRO the same or next business day.
4. Serve the Other Party
A process server or law enforcement officer (not you) must serve the person with notice of the hearing. More info is on the California Judicial Branch page on service of process.
5. Attend the Court Hearing
Bring documentation, evidence, and any witnesses. A judge will hear both sides before issuing a long-term order, which can last up to five years.
Types of Protection a CHRO Provides
A civil harassment restraining order can require the restrained person to:
- Avoid all contact with you (including calls, texts, emails, social media)
- Stay a specified distance away (typically 100 yards or more) from your home, work, school, or children’s school
- Not own or possess firearms during the term of the order
- Avoid your pets if they’ve been targeted in any way
- Leave a shared residence (if not protected by lease rights)
Additional Effects and Benefits:
- Peace of mind knowing there are legal consequences for continued abuse
- Greater confidence and security in your daily routine
- Improved well-being by interrupting a cycle of fear and control
- Documentation for law enforcement that the court recognizes your concerns
Violating the order is a criminal offense that can lead to arrest, fines, and jail time.
How Is a Civil Harassment Order Different from a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order (DVRO) applies when the abusive person is:
- A spouse or former spouse
- Someone you live or lived with
- A person you dated
- A co-parent of your child
- A close relative (parent, sibling, child, grandparent, in-law)
DVROs fall under the Domestic Violence Prevention Act (DVPA), found in California Family Code §§ 6200–6409, and are heard in family court.
By contrast, CHROs are governed by California Code of Civil Procedure § 527.6 and are heard in civil court. The protections may overlap, but the eligibility criteria and judicial process are different.
Pro Tip: Start a Harassment Log
Keep a written log of all incidents. Include dates, times, what happened, and witnesses. Screenshot text messages, voicemails, or social media posts. This log is invaluable in court.
Civil Harassment Restraining Order Statistics in California
According to California Judicial Branch data:
- Over 38,000 civil harassment restraining orders were requested statewide in 2022
- Roughly 80% of requests for temporary orders are granted within 24–48 hours
- Of the cases that proceed to hearing, nearly 70% result in a permanent restraining order
This shows the frequency and seriousness of harassment issues and how the courts are equipped to respond.
Why Legal Guidance Can Help
Filing for a restraining order can feel overwhelming. At Frederick Law Firm, we help clients in San Luis Obispo, Santa Maria, and surrounding areas gather documentation, present their case effectively, and get the protection they deserve.
Our legal team’s experience in criminal defense and protective order proceedings ensures your petition is thorough and your rights are protected.
Contact Frederick Law Firm Today
If you’re experiencing stalking, threats, or harassment, don’t wait to act. The Frederick Law Firm offers trusted, effective legal help for civil harassment restraining orders and related criminal defense matters.
Meet Your Attorney
At Frederick Law Firm, you’ll work directly with William Frederick, an experienced attorney who has mastered civil harassment restraining orders, including domestic violence restraining orders as well. He has a proven track record helping Santa Maria and Santa Barbara County residents navigate these processes efficiently and effectively.
👉 Schedule a consultation now to discuss your case confidentially and take the first step toward reclaiming your peace of mind. You can also explore related articles on our blog.
FAQ: Civil Harassment Restraining Orders
Q: How long does a civil harassment restraining order last?
A final order may last up to 5 years, depending on the severity and circumstances. It can be renewed if harassment continues.
Q: How much does it cost to file for a CHRO?
There is no filing fee if the petitioner alleges violence or threats. If not, the fee may be waived. See the California Courts Fee Waiver page.
Q: What happens if the restrained person violates the order?
Call law enforcement. Violating a CHRO is a criminal offense under California Penal Code § 273.6 and may lead to jail time and fines.
Q: Can a minor file for a civil harassment restraining order?
Minors can file through a guardian or attorney. The court may also appoint a guardian ad litem to assist.
Q: Will the court notify the restrained person?
Yes. The respondent must be served with notice of the hearing and the temporary restraining order, if one is issued.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice about your particular situation.