Get ATTACHMENT CV-5014 - Superior Court, Santa Clara - Scscourt

You will need to complete a few court forms. The forms will ask you to describe in detail the harassment, stalking, threats, or harm you experienced. If you want help with these forms, you can contact your local Self-Help Center.

A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically.

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

In addition to the relationship between the parties, one of the distinguishing features of civil harassment restraining orders is the high burden of proof that the petitioner must meet for an order to issue after the hearing. The petitioner must prove all the elements of harassment by clear and convincing evidence.

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

What Are the 3 Types of Harassment? Verbal. Visual. Physical.

Example: Getting 50 unwanted and upsetting text messages, emails and/or phone calls from the same person within a week for no reason. If someone has committed any of the above actions, you may have grounds to get a civil harassment restraining order.