Oceanside Civil Harassment Lawyers

Civil Harassment Restraining Order vs. Domestic Violence Restraining Order

The primary difference between a civil harassment restraining order and a domestic violence restraining order is that a civil harassment restraining order is obtained against an individual you do not have a close family relationship with.

For example, under the domestic violence laws, if your abuser is a spouse or family member, you would file for a domestic violence restraining order. If the conduct is caused by a neighbor, roommate, or unfamiliar person, you will file for a civil harassment restraining order.

Burden of Proof for a Court Order

The burden the court looks at to decide whether a restraining order is warranted is whether the behavior/conduct would cause a reasonable person to suffer substantial emotional distress and the behavior/conduct must cause substantial emotional distress to the requesting party.

Seek a Temporary Restraining Order

The temporary order can include orders for the restrained party to stay away from the protected party, the party’s home, school, work, etc. Based on your individual case, other orders may also be appropriate.

Service of a Civil Harassment Restraining Order

After a temporary civil harassment restraining order is granted, the order must be personally served on the restrained party. Normally, the order is served by the Sheriff’s Department or any other individual over 18 who is not a party to the action.

The restrained party will receive a copy of the court’s orders and be advised of the hearing date at which the request for a permanent restraining order will be held.

After being served with the court documents, the other party will have an opportunity to prepare their responsive documents and have them served on the protected party and the court.

These documents must be served on the requesting party at least two days before the hearing.

If these responsive documents are not provided timely, the requesting party may have the right to request a continuance to review and respond to the alleged offender’s responsive documents.

You must contact the police if the other party tries to contact you after they have been served with the court documents.

Court Hearings for Harassment or Restrainment

At the court hearing, the judge will decide whether there is enough evidence to put a permanent civil harassment restraining order in place. Both parties can present evidence and testify regarding the alleged incidents during the hearing.

It is important to have an experienced family law attorney to assist with your hearing and help ensure that a permanent civil harassment restraining order is ordered.

Our Oceanside civil harassment lawyers know how to organize your case to present you in the best way to the judge and make sure the court understands the significance of the other party’s actions that caused the need for the restraining order.

Civil Harassment Attorneys with Expertise & Experience

Fischer & Van Thiel, PC provides over 57 Years of Combined Family Law Counsel Experience dedicated throughout the Civil Harassment Legal Process.

Civil Harassment and Restraining Orders are rarely a simple matter and can become much more complicated during a divorce, especially when child custody is involved.

Finding a reasonable balance that respects the rights of individuals and protects the interests of the children can often be difficult. This is why it is best to get the help of an experienced legal professional; finding a resolution for this issue can be much easier.

At Fischer & Van Thiel, PC we know the importance of Civil Harassment Restraining Orders and Domestic Violence Restraining Orders, and the need for them before harm comes to a person or destroying someone’s personal property becomes a larger legal issue.

For this reason, it is typically best to have a lawyer intimately engaged with family law and Civil Harassment issues representing your interests. Our Attorneys have the Civil Harassment & Restraining Order Enforcement skills and experience to resolve your case effectively.

Experienced Representation for Your Family Law Needs

At Fischer & Van Thiel, PC, we provide over 57 years of combined experience in family law, dedicated to supporting you and your family throughout the legal process. Some of the family law practice areas we specialize in include:

• Divorce: Guiding you through the complexities of divorce law proceedings.
• Child Custody: Advocating for the best interests of your children in custody matters.
• Child Support: Ensuring fair and just child support arrangements.
• Domestic Violence: Protecting victims of domestic violence and their families.
• Estate Planning: Helping you plan for the future of your family.
• Legal Separation: Assisting with legal separation agreements.
• Paternity: Establishing legal parentage for children.
• Military Divorce: Serving the unique needs of military families.
• Adoption: Assisting with the legal process of adoption.
• Spousal Support: Ensuring fair spousal support arrangements.
• Property Division: Helping you navigate property division in divorce.
• Prenuptial Agreements: Drafting agreements to protect your assets in marriage.

If you are facing any of these family law issues, contact us today for a consultation. Our experienced team is here to provide compassionate and effective legal representation for you and your family.

Partnering with Civil Harassment & Restraining Order Lawyers who have expert experience and understand the Family Law Legal System in San Diego County is always your best Legal Strategy. Give Fischer & Van Thiel,PC a call at (760) 722-7646 or contact us to schedule your complimentary consultation.

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