Two Types of Protective Orders: Domestic Violence Restraining Orders and Civil Harassment Restraining Orders
If a person is a victim of abuse or harassment, the victim can pursue either a Domestic Violence Restraining Orders ("DVRO") or a Civil Harassment Restraining Order ("CHRO"), depending on the type of relationship between the victim and the alleged abuser. Madeline B. Liebreich provides skilled and prompt help to clients in both kinds of cases.
1. DOMESTIC VIOLENCE RESTRAINING ORDERS ("DVRO")
A Domestic Violence Restraining Order is a type of protective order designed to prevent a person (the "restrained party") from committing further acts of violence against a particular person (the "protected party"). Pursuant to the Domestic Violence Prevention Act (DVPA), Fam. Code, § 6200 et seq., if there is reasonable proof of abuse, a court may issue a Domestic Violence Restraining Order to prevent recurrence of domestic violence by restraining a person and separating the involved parties. Fam. Code, § 6200; In re Marriage of F.M. & M.M., 65 Cal. App. 5th 106.
Who can file a Domestic Violence Restraining Order?
For purposes of a Domestic Violence Restraining Order ("DVRO"), the Domestic Violence Prevention Act applies to abuse against a person only if the victim and perpetrator have a particular type of relationship; the relationship must fall within one of the categories listed in Family Code Section 6211 (a) - (f). Id.
"Close Relationship" Requirement: In order to be eligible to apply for a Domestic Violence Restraining Order, the victim of abuse must have a "very close" relationship with the abuser, including an immediate family member, current or former spouse (or domestic partner), current or former romantic partner (boyfriend/girlfriend), individual with whom the victim has a child (co-parent), and/or a close relative (parent/child, grandparent/grandchild, sibling, etc.). Fam. Code, § 6211, subds. (a) - (f)
What is "abuse" sufficient to obtain a Domestic Violence Restraining Order?
"Abuse," as the term is used in the Domestic Violence Prevention Act, is defined as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, or engaging in behavior that could be enjoined under Family Code Section 6320. Fam. Code, § 6203(a)(1)-(4). Family Code Section 6203(b) further states that abuse "is not limited to the actual infliction of physical injury or assault." Fam. Code, § 6203(b). It is important to recognize that the legislators who wrote this statute found it particularly useful to explicitly note that physical conduct is not required to satisfy the definition of abuse for domestic violence.
Notably, Family Code Section 6203 subsection (a)(4) provides a very broad and inclusive definition of abuse because it includes all of the several types of conduct listed in Family Code Section 6320, subsections (a) through (d). Fam. Code, § 6320(a)-(d). This is a much broader definition than what is required for "civil harassment" for a Civil Harassment Restraining Order. Among several other types of conduct, Family Code Section 6320(a) includes stalking" impersonating," telephoning, and disturbing the peace of the other party or the party's family members. Fam. Code, § 6320(a). "Disturbing the peace" of another party is further defined in Family Code Section 6320(c), and it includes a broad range of conduct, including "isolating the other party from friends," controlling the other party's "daily behavior," or controlling the other party's finances. Fam. Code, § 6320(c).Visit this link for the entire code section defining behavior that could be enjoined under Family Code Section 6320: Family Code Section 6320.
If you or your family member need the protection of a Domestic Violence Restraining Order, contact Madeline B. Liebreich online now to schedule a free consultation.
What if I am not eligible to apply for a Domestic Violence Restraining Order?
If an individual seeking protection does not have one of the above-listed relationships with the alleged abuser described in Family Code Section 6211, there are other effective options . The individual may be able to obtain a different kind of protective order called a Civil Harassment Restraining Order ("CHRO").
2. CIVIL HARASSMENT RESTRAINING ORDERS
A Civil Harassment Restraining Order ("CHRO") is a type of protective order designed to protect a victim from civil harassment by an individual whom they do not have a close relationship with, including a neighbor, roommate, or a distant family relative, such as a niece/nephew, an aunt/uncle, or another distant relative (not parent, child, or grandparent).
This remedy provides similar protections to a Domestic Violence Restraining Order, generally requiring the restrained party to stay a certain distance from the Petitioner, among other terms. The opposing party may be a neighbor, current or former roommate, friend, acquaintance, stranger, or non-immediate family member.
However, the conduct required for a court to issue a Civil Harassment Restraining Order is different from the conduct required for a Domestic Violence Restraining Order; A Civil Harassment Restraining Order has a higher burden of proof and requires more severe wrongdoing (more egregious conduct). Often, victims who succeed in obtaining a Civil Harassment Restraining Order have been victim to physical battery, repeated harassment, stalking, or threats of physical harm.
What is Civil Harassment?
Behavior that constitutes civil harassment includes abuse, threats of abuse, stalking, and sexual assault by a person with whom the victim does not have a close relationship (a relationship that does not fall within one of the categories required for a DVRO). "Harassment" is defined as:
(a) unlawful violence, such as assault, battery, or stalking, or a credible threat of violence and
(b) such violence, assault, battery, stalking or credible threat of violence seriously scares, annoys, or harasses someone, and
(c) there is no valid reason for such behavior. Code of Civil Procedure section 527.6.
Determining what constitutes "harassment" is complex and can be difficult, and Madeline B. Liebreich is equipped to analyze your situation and decipher whether the opposing party's actions rise to the level of harassment that would likely result in a court issuing a civil harassment restraining order ("CHRO"). For example, it may be necessary to research applicable case law to predict what the court is likely to rule.
Another hugely important aspect is the victim's evidence of the alleged harassment (proof). For most judges, there has to be tangible proof or a live witness of the alleged conduct in order for the court to issue the restraining order.
The following are some examples of evidence that, if presented to a judge in a Civil Harassment Restraining Order case, the court would likely grant a Civil Harassment Restraining Order include:
- Text messages threatening to physically harm the victim
- Text messages threatening to share private information or nude photographs of the victim
- Video or Photograph of the other person showing up to the victim's house several times and looking into their windows
In order to obtain the protective order you are seeing, it essential that you present the evidence sufficiently. A good attorney can persuade the court to view certain conduct in the victim's favor by using case law to show supportive findings in other cases with similar facts.
If you or your family member need the protection of a Civil Harassment Restraining Order, contact Madeline B. Liebreich online now to schedule a free consultation.
