A “credible threat of violence” includes following or stalking someone, making harassing calls, or sending harassing messages, by phone, mail, or e-mail, over a period of time (even if it is a short time). Read about the law in Code of Civil Procedure section 527.6.
To obtain a permanent civil restraining order the Petitioner must prove their allegations to the court with “Clear and Convincing” evidence. Clear and convincing evidence goes far beyond simple declarations.
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. What if I am under 18? If you are 12 or older, you can ask for a restraining order on your own and without your parent's permission.
Without it, an employer or court may dismiss even the most egregious acts as misunderstandings or exaggerations. The most compelling cases of sexual harassment at work in California often include a mix of firsthand documentation, witness accounts, and employer records. Begin by logging each incident—immediately.
The protected party must demonstrate it is more probable than not there is a sufficient risk of future abuse to find the protected party's apprehension is genuine and reasonable. If the protected party can meet their burden of proof, the restrained party will have to show there is no reasonable apprehension.