Under California law (CCP §527.6), a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment.

Civil Harassment Restraining Orders differ from Family Law Domestic Violence Restraining Orders in that the person doing the harassing has no close family or domestic relationship with the victim. For example, a Civil Harassment Restraining Order would apply to a neighbor, roommate or stranger. A Family Law Domestic Violence Restraining Order would apply to an estranged husband or wife, or ex-boyfriend or ex-girlfriend or other relative.

You may seek protection if you are worried about your safety because you are being:

1. stalked
2. threatened,
3. harassed, or
4. sexually assaulted. 

Pursuant to California Code of Civil Procedure § 527.6(b), the course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim.

The restraining order can include preventing personal conduct by the harasser, order the harasser to stay away from the victim, the victim's family, the victim's home/work and/or children's school, and other miscellaneous orders.  Back to Top

There will be a filing fee unless otherwise ordered by the court. Refer to Ref #1 in the fee schedule.

What are the forms needed?Back to Top

Operated by Legal Aid Society of San Diego, this clinic offers assistance to self-represented litigants to explain procedures and to help them prepare forms. Clients are seen in the order of arrival and no phone calls are allowed. Click here for locations and schedule. 

Operated by San Diego Volunteer Lawyers Program, this clinic offers assistance to self-represented litigants to explain procedures and to help them prepare forms. The clinic is open Mondays, Wednesdays, and Fridays from 8:30 a.m. to 12:00 p.m. It is located at the North County Courthouse, 325 South Melrose Drive, Vista, CA.

Where do I file my forms?

To find the proper court location, click here.                                                                                             

When will I get my temporary restraining order?

If your request for a temporary restraining order is granted, a hearing will be set for you and the respondent.  The respondent has to be served. 

How do I serve (officially notify) the respondent?

It is the responsibility of the petitioner to have the respondent personally served with all necessary documents as instructed by the clerk.  Proof of service for the respondent must be filed with the court prior to or at the time of the hearing. 

The party can be served by:

• The Sheriff's Department of the county where the respondent lives or works
• Anyone over the age of 18 years old and not a party named in the case

For more information, visit our Serving Documents page.

Violence in the workplace

Visit the California Courts Self-Help Center for instructions and forms for use in workplace violence cases.

Mediation services for Civil Harassment

• In the Central, East or South County Divisions, the National Conflict Resolution Center may be able to provide mediation services without any cost to you or the other party.
  
  
• In the North County Division, North County Lifeline may be able to provide mediation services without any cost to you or the other party.

For more information, please refer to our Frequently Asked Questions for Civil Harassment Mediation.

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Elder/Dependent Adult Abuse

An elder/dependent adult abuse restraining order applies to a person seeking a protective order who falls within the definition of elder or dependent adult as follows:

A person who is 65 years of age or older (elder) OR a person who is between 18 and 64 years of age and who has mental or physical limitations that prevent them from carrying out their normal activities (dependent adult), who has been a victim of one or more of the following:

Physical, financial, mental or emotional abuse;
Neglect, abandonment, abduction, or isolation;
Treatment that has caused physical harm or pain or mental suffering; OR. Deprived by a caregiver of goods or services needed to avoid harm or suffering.

Can You Answer Yes?

1. Are you 65 years of age or older and being abused?
2. Are you between the ages of 18 and 64, and have a mental or physical condition that prevents your from carrying out your normal activities?
3. Is someone physically abusing you or causing you emotional harm?
4. Is someone who helps you with the daily necessities of life threatening to hurt you?
5. Is someone who helps you with the daily necessities of life misusing your money?
6. Is an elder you know being abused?

For assistance on filing an Elder Abuse Restraining Order go to Civil Harassment Restraining Order Clinics

For a list of forms and additional information on Elder Abuse visit the California Courts Self Help Center website.

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