CCP § 527.6 — Civil harassment restraining order
CCP § 527.6 — Civil Harassment Restraining Order
California’s civil harassment statute, Cal. Code Civ. Proc. § 527.6, allows a person who has suffered qualifying harassment to seek both a temporary restraining order and an order after hearing prohibiting further harassment.[1][2] The statute is designed to provide expedited injunctive relief, but it also builds in due process protections, including notice, a hearing, testimony, and a heightened proof standard at the hearing.[3]
What the statute covers
Under Cal. Code Civ. Proc. § 527.6(b), “harassment” includes:
- 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, serves no legitimate purpose, would cause a reasonable person substantial emotional distress, and actually causes substantial emotional distress.[2]
A “course of conduct” means a pattern of conduct made up of multiple acts over time, however short, showing continuity of purpose, and it does not include constitutionally protected activity.[2]
Who can file
A person who has suffered harassment may petition for relief, and the petitioner need not be a California resident.[1][2] The petition may be filed in any superior court in the state with proper venue under the statute.[1][2]
Available relief
The court may issue orders prohibiting harassment, including orders:
- not to contact the petitioner,
- to stay away from the petitioner, family, home, workplace, or school,
- not to harass, threaten, stalk, or otherwise disturb the petitioner’s peace, and
- other orders necessary to effectuate the injunction.[2]
The statute also addresses firearms restrictions, service, renewal, fees, enforcement, and confidentiality in specified circumstances.[2]
Procedure and proof
The statute authorizes ex parte TRO relief on a declaration showing reasonable proof of harassment and great or irreparable harm.[2] A hearing must generally be held within 21 days, or 25 days for good cause.[2] At the hearing, the court must receive relevant testimony and may make an independent inquiry.[2][3]
To issue an order after hearing, the court must find by clear and convincing evidence that unlawful harassment exists.[2][3] California courts have emphasized that this hearing is the only merits hearing in the proceeding, so the respondent must have a meaningful opportunity to present evidence.[3]
Practical significance
California courts describe a proceeding under Cal. Code Civ. Proc. § 527.6 as a streamlined, stand-alone harassment action, not merely a provisional remedy.[3][4] Because the resulting injunction can have significant consequences, including duration and enforcement through contempt or criminal penalties, the statute requires careful adherence to its procedural protections.[2][3]
Bottom line
If you are looking at Cal. Code Civ. Proc. § 527.6 for litigation purposes, the key points are:
- the conduct must meet the statute’s specific definition of harassment;
- the petitioner may seek immediate TRO relief;
- the order after hearing requires clear and convincing evidence; and
- constitutional and legitimate activity are excluded from the statute’s reach.[2][3]
If you want, I can also provide:
- a short practice guide,
- a filing checklist,
- a respondent-side defense outline, or
- a comparison of civil harassment orders with domestic violence restraining orders.