Civil Harassment Restraining Order Defense Lawyer California

A civil harassment restraining order can change your life overnight. Under California Code of Civil Procedure § 527.6, anyone who claims they have been harassed — a neighbor, a coworker, an acquaintance, even a stranger — can walk into a courthouse and ask a judge to impose immediate restrictions on your freedom. No arrest, no criminal charge, and no police investigation. Just a sworn declaration and a judge’s signature.

If you have been served with a temporary restraining order or notified of a civil harassment petition filed against you, the clock is already running. You typically have 21 to 25 days before a hearing where a judge will decide whether to grant a restraining order that lasts up to five years. That order goes into the California Law Enforcement Telecommunications System (CLETS), restricts where you can go, forces you to surrender firearms, and creates a record that shows up on background checks.

This is not something you can afford to handle alone. The petitioner already has a head start — they chose the narrative, picked the courthouse, and framed the evidence. You need a defense lawyer who understands how these cases actually work in Southern California courtrooms, from the Stanley Mosk Courthouse in Downtown Los Angeles to the Central Justice Center in Santa Ana. Call Power Trial Lawyers at 888-808-2179 or contact us online before your hearing date.

Civil Harassment Restraining Order Defense – Quick Overview

• Governing statute: CCP § 527.6
• Standard of proof: Clear and convincing evidence
• Typical hearing timeline: 21–25 days
• Duration of order: Up to 5 years (renewable)
• Database entry: CLETS
• Firearms impact: Mandatory surrender + prohibition
• Violation penalty: Penal Code § 273.6

What Is a Civil Harassment Restraining Order Under California Law?

A court issues a civil harassment restraining order under California Code of Civil Procedure § 527.6 to prohibit specific conduct, including harassment, threats, stalking, or violence, against someone who does not have a close domestic relationship with the respondent. This is the key distinction: civil harassment orders cover people who are not related by blood, marriage, dating, or cohabitation. If the parties have or had an intimate or familial relationship, the petition falls under the Domestic Violence Prevention Act (Family Code § 6200 et seq.), which is a different proceeding with different rules.

Who Can File a Civil Harassment Restraining Order?

Under CCP § 527.6, the following people may petition for a civil harassment restraining order against you:

• Neighbors — by far the most common filers in Southern California, particularly in dense communities across Los Angeles County and Orange County
• Coworkers (though workplace violence restraining orders under CCP § 527.8 are a separate category)
• Acquaintances, former friends, or business associates
• Strangers or people with minimal prior contact
• Roommates who are not in a dating or domestic relationship

A person cannot file a civil harassment restraining order against a family member, spouse, former spouse, cohabitant, or someone with whom they share a child. Those cases are governed by domestic violence restraining order statutes.

What Constitutes “Harassment” Under CCP § 527.6?

The statute defines harassment as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.” California Code of Civil Procedure § 527.6(b)(3).

This definition has three distinct prongs, and each one matters for your defense:

• Unlawful violence — assault, battery, stalking, or other criminal acts
• Credible threat of violence — a statement or action that would cause a reasonable person to fear for their safety, with the apparent ability to carry it out
• Course of conduct — a pattern of behavior (at least two incidents) that serves no legitimate purpose and would cause a reasonable person substantial emotional distress

The third prong — “course of conduct” — is the one most frequently abused. Neighbors file these petitions over noise complaints. Former friends file them after arguments on social media. Coworkers file them after workplace disputes. In many cases, the alleged conduct is constitutionally protected speech, legitimate activity, or dramatically exaggerated.

Burden of Proof

At the hearing, the petitioner must prove harassment by clear and convincing evidence. This is a higher standard than the “preponderance of the evidence” used in most civil cases, though lower than “beyond a reasonable doubt” in criminal matters. CCP § 527.6(i). The clear and convincing standard means the petitioner must show it is highly probable that harassment occurred — not just that it was more likely than not.

This is an important leverage point for the defense. Many petitioners assume they only need to tell their story and the judge will side with them. An experienced restraining order defense attorney knows how to exploit the gap between what the petitioner alleges and what they can actually prove to this heightened standard.

What the Statute Requires

What Happens After a Civil Harassment Petition Is Filed?

Understanding the procedural timeline is essential to building an effective defense. Here is how a civil harassment restraining order case moves through the Southern California court system, whether you are appearing at the Pasadena Courthouse, the North Justice Center in Fullerton, or the Southwest Justice Center in Murrieta.

Step 1: Petition and Filing

The petitioner files a CH-100 (Request for Civil Harassment Restraining Orders) with the court. This form includes a sworn declaration describing the alleged harassment. The petitioner chooses the courthouse, which is typically the Superior Court closest to where one of the parties lives. In Los Angeles County alone, that could mean filing at the Stanley Mosk Courthouse, Van Nuys Courthouse, Torrance Courthouse, Long Beach Courthouse, Compton Courthouse, Airport Courthouse near LAX, Santa Monica Courthouse, or Pasadena Courthouse.

Step 2: Temporary Restraining Order (TRO)

On the same day or within a few days of filing, a judge reviews the petition and decides whether to issue a temporary restraining order. This is an ex parte decision — meaning the judge rules based solely on the petitioner’s paperwork, without hearing from you. If the judge finds sufficient grounds to believe harassment occurred and the petitioner faces a risk of harm, the TRO is granted immediately.

The TRO is enforceable as soon as you receive it. Violating it — even accidentally — is a criminal offense under Penal Code § 273.6.

Step 3: Service of Process

You must receive personal service of the TRO, the petition, and the notice of hearing. Someone other than the petitioner must complete service, usually a process server or law enforcement. If you did not receive proper service, your attorney can raise that procedural defense at the hearing.

Step 4: The Hearing

The hearing is typically set 21 to 25 days after the issuance of the TRO. Both sides appear before a judge. There is no jury. The petitioner presents testimony and evidence first, and you have the right to cross-examine them and present your own case. Witnesses may testify. Exhibits — text messages, emails, photographs, video, social media posts — are submitted to the court.

This hearing is the most critical stage of the entire case. Judges in Southern California courthouses handle dozens of restraining order hearings per day. At the Central Justice Center in Santa Ana, the Lamoreaux Justice Center in Orange, the Riverside Historic Courthouse, the San Bernardino Justice Center, or the Central Courthouse in San Diego, the judge typically allocates 15 to 30 minutes per case. That means every word matters. Every piece of evidence is critical. Your attorney’s ability to cross-examine the petitioner effectively can make or break the outcome.

Step 5: Ruling — Permanent Restraining Order or Denial

After hearing both sides, the judge either denies the petition or grants a restraining order lasting up to five years. Under CCP § 527.6(j), a judge can renew an order before it expires — potentially making it a permanent fixture in your life unless you fight back.

What the Court Can Order Against You

If the court grants a civil harassment restraining order, the judge can impose the following restrictions under CCP § 527.6(b)(6):

• Personal conduct orders — prohibiting you from contacting, threatening, stalking, harassing, or disturbing the peace of the petitioner and any protected persons named in the order
• Stay-away orders — requiring you to stay a specified distance (typically 100 yards) from the petitioner’s home, workplace, school, vehicle, and any other locations they frequent
• No-contact orders — prohibiting all direct and indirect communication, including through third parties, social media, email, or text
• Firearms relinquishment — you must surrender all firearms and ammunition within 24 hours of receiving service of the order, and California Penal Code § 527.9 and federal law (18 U.S.C. § 922(g)(8)) bar you from purchasing or possessing firearms for the duration of the order.
• Property restrictions — in some cases, the court can order you to stay away from shared spaces or common areas, which is devastating if the petitioner is your neighbor
• Other orders — the court has broad discretion to issue any orders it deems necessary to prevent harassment

If you live next door to the petitioner or work in the same building, a stay-away order can effectively force you out of your own home or job. This is one of the most devastating practical consequences of a civil harassment restraining order — and a reason why aggressive defense is non-negotiable.

Real Consequences If a Civil Harassment Restraining Order Is Granted

Too many respondents treat civil harassment cases like minor inconveniences. They are not. Here is what happens when a restraining order is entered against you in California:

CLETS Database Entry

The court enters the restraining order into the California Law Enforcement Telecommunications System, and every law enforcement officer in the state can see it. If an officer stops you for a traffic violation, the officer will know about the restraining order before walking up to your window.

Criminal Exposure for Violations

Violating a civil harassment restraining order is a misdemeanor under Penal Code § 273.6, punishable by up to one year in county jail and a fine of up to $1,000. A second violation within seven years involving violence or a credible threat of violence is a wobbler — which is potentially a felony under Penal Code § 273.6(d), carrying up to three years in state prison. Accidental violations — sending a text you forgot about, showing up at a location you did not realize was off-limits — still count.

Firearms Prohibition

Under both California and federal law, you must surrender all firearms and ammunition within 24 hours and cannot purchase or possess any firearms for the duration of the order. For gun owners, hunters, sport shooters, and particularly anyone whose employment involves firearms (security, law enforcement, military), this is an immediate and serious consequence.

Background Checks and Employment

Civil harassment restraining orders appear on background checks. Employers, landlords, licensing agencies, and professional boards can all access this information. If you hold a professional license — real estate, nursing, law, teaching, security — a restraining order can trigger disciplinary proceedings. In some fields, it is career-ending.

Immigration Consequences

For non-citizens, a restraining order can complicate immigration petitions, visa renewals, naturalization applications, and adjustment of status proceedings. While a civil harassment restraining order is not a criminal conviction, immigration authorities may consider the underlying conduct and the existence of the order when evaluating an applicant’s moral character.

Housing and Custody Implications

A stay-away order from a neighbor can force you to relocate. In custody disputes — even those arising separately in family court — a restraining order filed by a third party can be used as evidence to challenge your fitness as a parent. The petitioner’s narrative becomes part of the court record, accessible in future proceedings.

How to Beat a Civil Harassment Restraining Order in California

Winning a civil harassment case requires more than showing up and telling your side. It requires a deliberate strategy built around the weaknesses in the petitioner’s case and the legal standards the court must apply. Here is how Power Trial Lawyers approaches these cases.

Attack the burden of proof. The petitioner must prove harassment by clear and convincing evidence — not just a preponderance, not just their word against yours. This is a high bar. If the petitioner relies on vague allegations, uncorroborated claims, or testimony that amounts to “I felt scared,” that may not satisfy the standard under CCP § 527.6(i). We force the court to hold the petitioner to the statute’s actual evidentiary requirement, not a watered-down version of it.

Expose inconsistencies in the petitioner’s story. Petitioners draft their sworn declarations days or weeks before the hearing. By the time they testify, the details shift. Dates change. Descriptions contradict the documentary record. Text messages tell a different story than the declaration. We compare every line of the petition against the evidence — and we cross-examine the petitioner on every inconsistency until their credibility fractures in front of the judge.

Demonstrate legitimate purpose. Under CCP § 527.6(b)(3), a “course of conduct” only qualifies as harassment if it serves no legitimate purpose. This is a critical element the petitioner must prove, and it is one of the most effective points of attack. If your conduct involved a legitimate property dispute, a lawful noise complaint, a business communication, an HOA grievance, a report to code enforcement, or any other activity with a rational basis, it does not meet the statutory definition — regardless of how the petitioner felt about it.

Raise First Amendment defenses. Speech is not harassment. Social media posts, online reviews, public comments at community meetings, letters to government agencies, and political expression are protected by the First Amendment and the California Constitution. When a petitioner files a civil harassment restraining order to silence constitutionally protected activity, we raise free speech defenses and evaluate whether an anti-SLAPP motion under CCP § 425.16 can strike the petition entirely — with attorney’s fees awarded to you.

Identify procedural defects. Civil harassment petitions must comply with specific statutory requirements. The petition must be properly filed. Service must be properly executed. The TRO must have been issued on sufficient factual grounds. The petition must allege conduct that actually falls within CCP § 527.6 — not a family dispute that belongs under the DVPA, not a workplace matter governed by CCP § 527.8, and not a generalized grievance that does not meet the statutory definition. When the petitioner or the court cuts corners on procedure, we raise it.

Leverage cross-examination. Most petitioners have never been cross-examined under oath. They expect to read their declaration, answer a few friendly questions, and collect their restraining order. That is not what happens when Power Trial Lawyers is on the other side of the courtroom. Our attorneys prepare detailed cross-examination outlines targeting every factual claim, every timeline gap, every exaggeration, and every omission in the petitioner’s case. Effective cross-examination does not just weaken the petitioner’s testimony — it dismantles the foundation the judge needs to grant the order.

Present affirmative evidence that defeats the petition. Defense is not only about tearing down the other side. We build your case with witness testimony, documentary evidence, communications showing the petitioner’s own misconduct, surveillance footage, phone records, and any other material that tells the full story — not just the petitioner’s version. Judges at courthouses across Southern California, from the Stanley Mosk Courthouse in Downtown LA to the Central Courthouse in San Diego, respond to respondents who come prepared with organized, credible evidence and a clear narrative.

No two cases are the same, and no single tactic wins every hearing. What wins is preparation, strategy, and an attorney who treats every restraining order hearing like the high-stakes proceeding it is. Call Power Trial Lawyers at 888-808-2179 or contact us online to start building your defense now.

How Power Trial Lawyers Defends Civil Harassment Restraining Order Cases

At Power Trial Lawyers, we do not negotiate restraining orders. We fight them. Every case we take is prepared as if it is going to a contested hearing — because it usually does. Here is how our defense approach works in practice.

Challenging the Sufficiency of Evidence

The petitioner must prove harassment by clear and convincing evidence. We systematically attack every piece of evidence they present. Did the petitioner document the alleged incidents at the time, or did they reconstruct them from memory months later? Can any witnesses corroborate the petitioner’s claims, or does the case rely entirely on one side’s account? Does the evidence actually show what the petitioner claims it shows?

We review text messages, emails, social media posts, photographs, and video with a forensic eye. In many civil harassment cases — particularly neighbor disputes filed at courthouses like the Rancho Cucamonga Courthouse in San Bernardino County or the Harbor Justice Center in Newport Beach — the petitioner’s own communications undermine their claims. Text messages showing the petitioner initiating contact, escalating conflicts, or making their own threats are powerful defense evidence.

Exposing False and Exaggerated Allegations in Civil Harassment Restraining Order Petitions

A significant percentage of civil harassment restraining order petitions in Southern California involve false or grossly exaggerated allegations. Neighbor disputes, personal vendettas, business conflicts, and custody-adjacent games drive many of these filings. We investigate the petitioner’s motives and history. Have they filed restraining orders before? Are they involved in other litigation with you — property disputes, HOA complaints, small claims actions? Is the timing suspicious?

When a petitioner’s story does not hold up to scrutiny, we expose the inconsistencies at the hearing through targeted cross-examination.

Cross-Examination Strategy

Cross-examination is where civil harassment cases are won and lost. Most petitioners are not prepared for a skilled attorney to challenge their testimony point by point. They expect to tell their story and leave. We do not let that happen.

Our attorneys prepare detailed cross-examination outlines based on the petitioner’s sworn declaration, their evidence, and any prior statements. We identify contradictions, test their credibility, and force them to admit facts that undermine their case. In many hearings at courthouses like the West Justice Center in Westminster, the Vista Courthouse in San Diego County, or the Victorville Courthouse, we have seen petitioners’ cases collapse under effective cross-examination.

Presenting Affirmative Defense Evidence

Defense involves more than poking holes in the petitioner’s case. We build an affirmative narrative. That means we present witness testimony, introduce documentary evidence such as your text messages, emails, surveillance footage, and security camera recordings, and show that the alleged conduct did not occur, fell within constitutional protection, or did not rise to the level of statutory harassment.

Raising Procedural and Constitutional Defenses in Civil Harassment Restraining Order Cases

We scrutinize every procedural step in the case:

• Did the petitioner properly file and serve the petition under CCP § 527.6?
• Did the petitioner meet the statutory requirements for the allegations?
• Did the court issue the TRO without adequate factual basis?
• Does the First Amendment protect the alleged conduct? Many so-called harassment claims target speech, protest, or communication that the Constitution shields from court restriction.
• Does the petition actually allege conduct that meets the statutory definition of harassment, or does it describe a personal conflict that falls outside CCP § 527.6?

In cases involving speech, social media posts, or public commentary, we raise First Amendment and anti-SLAPP (Strategic Lawsuits Against Public Participation) defenses under California Code of Civil Procedure § 425.16.

Negotiating Mutual Agreements Where Appropriate

In some cases — particularly neighbor disputes where both parties bear some responsibility for the conflict — negotiating a mutual stay-away agreement or a voluntary agreement not to contact each other may be strategically superior to a contested hearing. This approach avoids a formal restraining order, keeps your record clean, and resolves the underlying dispute. We only recommend this path when it genuinely serves your interests — never as a shortcut because we are unprepared to fight.

Frequently Asked Questions

Power Trial Lawyers has defended hundreds of restraining order cases across Southern California. We know the judges, we know the courthouses, and we know how to win these cases. Call 888-808-2179 for an immediate consultation.

Southern California Restraining Order Defense — Courts We Cover

Power Trial Lawyers defends civil harassment restraining order cases throughout Southern California. Our attorneys regularly appear in courthouses across five counties, and we understand how local court culture, judicial preferences, and procedural norms vary from courthouse to courthouse. That local knowledge matters — a defense strategy that works at the Stanley Mosk Courthouse in Downtown LA may need to be adapted for the Riverside Historic Courthouse or the Central Courthouse in San Diego.

Los Angeles County Restraining Order Defense

Los Angeles County is the largest court system in the United States, and civil harassment cases are filed at courthouses across the county. We defend cases filed in:

• Stanley Mosk Courthouse (Downtown LA)
• Van Nuys Courthouse
• Pasadena Courthouse
• Long Beach Courthouse
• Torrance Courthouse
• Airport Courthouse
• Santa Monica Courthouse

Each location has its own calendar, its own judicial officers, and its own pace. We know them all.

Orange County Restraining Order Defense

Orange County restraining order cases are handled at any of the following courthouses:

• Central Justice Center (Santa Ana)
• Lamoreaux Justice Center (Orange)
• Harbor Justice Center (Newport Beach)
• North Justice Center (Fullerton)
• West Justice Center (Westminster)

Judges in Orange County tend to be thorough in their review of evidence, and well-prepared defense presentations make a significant difference in outcomes.

Riverside County Restraining Order Defense

Cases in Riverside County are heard at the Riverside Historic Courthouse, the Southwest Justice Center in Murrieta, and the Larson Justice Center in Indio. The Inland Empire’s rapid growth has driven an increase in neighbor dispute cases, particularly in newer communities in Murrieta, Temecula, and the Coachella Valley.

San Bernardino County Restraining Order Defense

San Bernardino County cases are filed at the San Bernardino Justice Center, the Rancho Cucamonga Courthouse, and the Victorville Courthouse. The county covers a vast geographic area, and we ensure our clients in the High Desert, the Inland Empire corridor, and the mountain communities all receive the same aggressive representation.

San Diego County Restraining Order Defense

San Diego County restraining order hearings take place at the Central Courthouse in Downtown San Diego, the Vista Courthouse in North County, and the Chula Vista Courthouse in South Bay. We defend cases throughout the county, from coastal communities to East County.

Why Courtroom Experience Matters in Restraining Order Defense

Civil harassment restraining order hearings are fast. Judges in Southern California typically allocate 15 to 30 minutes per case. There is no time for lengthy opening statements or rambling testimony. Your attorney needs to know what matters, present it efficiently, and cross-examine the petitioner with precision.

Power Trial Lawyers brings trial-level preparation to every restraining order hearing. We do not treat these cases as administrative matters. We treat them as contested litigation — because the consequences are just as serious. Our attorneys have defended cases involving false allegations from vindictive neighbors, exaggerated claims by former business partners, retaliatory petitions from disgruntled acquaintances, and manufactured harassment narratives designed to gain leverage in related disputes.

We have seen every tactic. We know how to counter them.

Common Defense Strategies in Civil Harassment Cases

The Conduct Does Not Meet the Statutory Definition of Harassment

Not every unpleasant interaction is harassment under CCP § 527.6. The statute requires unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that serves no legitimate purpose. If the alleged conduct is a single incident (not involving violence or threats), a legitimate business communication, constitutionally protected speech, or an ordinary neighbor dispute, it may not meet the statutory threshold.

The Petitioner Lacks Credibility

We investigate the petitioner’s background, prior litigation history, and any evidence of bias or motive to fabricate. If the petitioner has filed multiple restraining orders, has a history of making false accusations, or has a clear ulterior motive, we present that evidence to the judge.

First Amendment and Anti-SLAPP Defenses

When the alleged harassment involves speech — social media posts, public comments, protests, or written communications — we evaluate whether the petition constitutes a SLAPP suit. Under CCP § 425.16, a defendant can file an anti-SLAPP motion to strike the petition if it arises from protected activity. If successful, the court dismisses the petition and orders the petitioner to pay your attorney’s fees.

Procedural Defects

Improper service, defective petitions, failure to comply with statutory requirements, and jurisdictional issues can all provide grounds to challenge the case. We review every document filed in the case for technical and procedural deficiencies.What to Do If You Have Been Served With a Civil Harassment Restraining Order

If you have been served with a TRO and a notice of hearing, take the following steps immediately:

• Do not violate the TRO. Comply with every term, even if you believe the order is unjust. A violation is a criminal offense.
• Do not contact the petitioner. Do not call, text, email, or approach them. Do not communicate through third parties. Do not post about them on social media.
• Preserve all evidence. Save every text message, email, voicemail, photograph, video, and social media interaction related to the petitioner. Do not delete anything.
• Contact a defense attorney immediately. You have a limited number of days before the hearing. The sooner your attorney begins building your defense, the stronger your case will be.
• Gather your own evidence. Identify witnesses who can testify on your behalf. Collect any documentation that contradicts the petitioner’s claims — security camera footage, timestamped photographs, phone records, GPS data.

Time is critical. Do not wait until the week of the hearing to seek legal help.

You Typically Have Only 21–25 Days Before the Hearing—Defending Your Future Starts Now

A civil harassment restraining order is not a minor legal matter. It is a court proceeding that can strip your gun rights, damage your career, force you from your home, follow you on background checks for years, and expose you to criminal prosecution for any future violation. The petitioner has already made their move. Now it is your turn.

Power Trial Lawyers defends civil harassment restraining order cases throughout Southern California — in Los Angeles County, Orange County, Riverside County, San Bernardino County, and San Diego County. We handle every case with the preparation, intensity, and courtroom skill of trial lawyers, because that is exactly what these cases demand.

Do not face a restraining order hearing alone. Call Power Trial Lawyers at 888-808-2179 or contact us online to schedule an immediate consultation.

We defend your rights, we fight the allegations, and we protect your future.