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Hi! My name is ***** ***** I am a licensed attorney here to help you with your question. If I do not respond quickly, I promise I will reply as soon as I can! Responses are not immediate, and it may take a bit of time to research and write your answer, so I appreciate your patience. Please note that our discussions on this site are for general information purposes and do not create an attorney-client relationship. I'm glad to help you and will ensure that I will provide a thorough answer to your question. If you see a prompt suggesting a phone call, it is entirely optional. However, it provides a faster service and will allow us to speak more candidly and in greater detail about your issue.
Hope you're doing well and I'm glad to assist you with this.
I’m sorry to hear about this. So you are looking to get a restraining order, is that right? What state do you live in?
Got it, thanks for the additional information! As I stated at the beginning, responses are not immediate. Experts answer several questions at once, need time to research and adequately respond to each question, and are not anyone's personal attorneys. I appreciate your patience.
You can't one just for the sake of getting one in retaliation. If you have evidence of harassment or abuse, then yes, you might have one granted. You would need to file for this in the California court system.
In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do not have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and not domestic violence.
The civil harassment laws say “harassment” is:
“Credible threat of violence” means intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family. A “credible threat of violence” includes following or stalking someone, making harassing calls, or sending harassing messages, by phone, mail, or e-mail, over a period of time (even if it is a short time).
There is more on this process here: https://www.courts.ca.gov/1044.htm?rdeLocaleAttr=en
Please take a look and let me know if you have any specific follow-up questions.
I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a Favorite Expert. You will have the option to do this on your "MY QUESTIONS" page if you choose to rate our interaction. You can also request be my name, tag me in a new chat, or use my personal link: https://www.justanswer.com/law/expert-attychelsea if you wish. Again, my name is ***** ***** it has been my pleasure to help you! Thank you for using the site and for trusting me to answer your question.
You're welcome :)