There is a legal special procedure in California for a person to get protection from another person, which is a “restraining order.” This type of claim or harm is called “civil harassment.” You can apply for a restraining order to stop another person when they bother or harass you or your family (California Code of Civil Procedure Section 527.6). Harassment occurs where a person alarms, annoys or bothers another person, by conduct which serves no legitimate purpose. This is a type of personal injunction to stop the harassment and bad conduct.

Example: A neighbor continually plays loud music. The neighbor’s conduct is knowing and intentional – they do it late at night, with the windows open. You have told your neighbor you cannot sleep and you are suffering. You must show, by a tape recording or witnesses, that the noise or loud music is not reasonable, that it happens regularly, or has happened recently on several occasions.

Forms for civil harassment

There are special forms for civil harassment. California Judicial Council Forms CH 100, CH-110 (Response).

Hearing and enforcement

The papers must be delivered to the defendant, and they must be served as in the service of a summons. The defendant may file a response and opposition. No filing fee is charged. CCP Section 527(h). The judge must find that there is clear and convincing evidence of the harassment, threats or bad behavior.

The injunction may be granted for up to three years. When the order is made, the plaintiff (or attorney) must deliver the restraining orders and injunctions to law enforcement agencies (local police department).

The Congress of Neutrals provides mediation services for civil harassment cases in Contra Costa County. Please contact us if you need mediation, or would like experience mediating a civil harassment dispute.