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Civil Harassment Restraining Orders

Civil Harassment matters are requests for the Court to issue a restraining order in matters that do not involve a domestic relationship. To prevail in a civil harassment case you must prove that unlawful harassment is taking place. This means that the perpetrator is doing something illegal directed at the victim (and not just a third party.) There must be a course of conduct that is directed at the victim.

If the perpetrator is doing something legal or done with good cause that bothers the victim, it is not sufficient for a civil harassment restraining order.

The person seeking the order must also prove that they have suffered substantial emotional distress. Merely being annoyed is not enough. It must be the type of unlawful harassmentthat no reasonable person should have to endure. At the first hearing a temporary order can be issued to protect the victim if the Court determines that.

The facts must be proven by “clear and convincing” evidence. This is challenging and the facts must be present to prevail. David Winslow can help you prevail if you have been truly victimized.

If you have been improperly accused and find yourself defending against a Civil Harassment claim, David Winslow has successfully defended many clients in such matters.

Call David Winslow at 949/262-3434 to discuss your case.

 



©2011 David C. Winslow - Family Law Attorney
19900 MacArthur Boulevard
Suite 800
Irvine, California 92612