This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person. Contact can include direct communication, such as: Phone calls.
At the hearing, you must prove that the abuser has committed an act(s) of domestic violence (as defined by the law). You must also convince a judge that you need the protection and the specific things you asked for in the petition.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
If you are facing severe online abuse, you may be able to request that a judge issue a restraining order to prevent the perpetrator from further harassing you. Restraining orders can provide a concrete remedy against persistent online abuse.
Filing a Civil Lawsuit Talk to an attorney who specializes in civil harassment cases. Gather evidence of the harassment. Collect evidence of the damage the harassment has caused you. Draft a complaint listing your allegations and damages. File your complaint with your local civil court.
Testimonies from the accuser and witnesses are often considered the most reliable and impactful evidence. Audio or video recordings and photographs can also be used to provide evidence in a harassment case. Forensic evidence, such as emails and text messages, can be used if available.
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
Threatening or harassing emails may also be a basis for a restraining order against the abuser. To read about the types of restraining orders available in your state, select your state from the drop-down menu on our Restraining Orders page.
Use the “block sender” feature in your email service. This may not put an end to the abusive emails entirely, as a sender can always create a new email address from which to message you, but it's a place to start and will offer you a momentary reprieve.