Civil Harassment Restraining Order
| California law |
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| Constitution |
| Codes |
| Note: There are 29 California codes. |
| Courts of record |
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A Civil Harassment Restraining Order (CHO) is a form of
Pursuant to California Code of Civil Procedure section 527.6(b), in order to justify a CHO, the harassment must be "such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim."[2]
Provisions and process
A CHO can require the harasser to stop initiating contact with the victim, and/or to stay away from the victim's family, workplace, home, and/or school.[3]
A temporary CHO will be in effect until a
A CHO does not go into effect until it is served to the person being restrained. Serving the CHO is the responsibility of the petitioner. Service can be carried out by the Sheriff's Department of the county where the harasser lives or works, or by any adult who is not a party named in the case.[3]
Punishment for violation
The crime of
Other types
The CHO is one of six types of restraining orders used in California. The Emergency Protective Order, the Domestic Violence Temporary Restraining Order and the Criminal Protective ("No Contact") Order, are aimed at protecting against domestic violence. The Elder or Dependent Adult Protective Order is aimed at protecting victims who are over 65 years old and/or who have certain disabilities. The Workplace Violence Restraining Order is aimed at protecting employees from violence in the workplace.[1] Several hundred thousand restraining orders are in effect in California at any time, and between 80 and 95 per cent cover domestic violence involving adults.[5]
Effectiveness
Experts disagree on whether restraining orders are effective in preventing further harassment. A 2010 analysis published in the
Threat management experts are often suspicious of restraining orders, believing they may escalate or enrage stalkers. In his 1997 book The Gift Of Fear, well-known American security specialist Gavin de Becker characterized restraining orders as "homework assignments police give to women to prove they're really committed to getting away from their pursuers," and said they "clearly serve police and prosecutors," but "they do not always serve victims."[9]
References
- ^ a b c Lane, Lindsay. "ASUC Student Legal Clinic". Domestic Violence, Restraining Orders and Stalking. Associated Students of the University of California. Retrieved 14 June 2011.
- ^ "CODE OF CIVIL PROCEDURE SECTION 525-534". The Legislative Counsel of California. Archived from the original on 30 October 2010. Retrieved 14 June 2011.
- ^ a b "Civil Harassment Restraining Order". Superior Court of California, County of San Diego. Retrieved 14 June 2011.
- ^ "Civil Harassment Orders". Women'sLaw.Org. National Network to end Domestic Violence. Retrieved 14 June 2011.
- S2CID 39711827. Archived from the original(PDF) on 10 June 2011. Retrieved 14 June 2011.
- PMID 20852224. Retrieved 14 June 2011.
- S2CID 146721263.
- ^ Tjaden, P.; Thoennes, N. (April 1998). "Stalking In America: Findings From the National Violence Against Women Survey". National Institute of Justice and Centers for Disease Control and Prevention (NCJ 169592): 1โ19.
- ISBN 0-440-22619-8.