What's the difference between a restraining order and a harassment order?
Asked by: Corine Connelly | Last update: June 6, 2025Score: 4.8/5 (15 votes)
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
What qualifies as harassment in CA?
What is the Legal Definition of Harassment? The California Fair Employment and Housing Act (FEHA) broadly defines harassment as any unwelcome verbal, physical, or visual conduct that creates an offensive, hostile, or intimidating work environment.
What do you need to prove someone is harassing you?
Testimonies from the accuser and witnesses are often considered the most reliable and impactful evidence. Audio or video recordings and photographs can also be used to provide evidence in a harassment case. Forensic evidence, such as emails and text messages, can be used if available.
How long does a restraining order last in NH?
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
What are the three types of protection?
There are three types of orders of protection that can provide victims with legal protections to support their safety—emergency protective orders, temporary restraining orders, and permanent restraining orders.
Family Lawyer Explains the Difference between a Protective Order and a Restraining Order
What is an example of a restraining order?
Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.” “I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction.
What is it called when you legally have to stay away from someone?
Restraining orders. There are different types of restraining orders. Most restraining orders can order a person to not contact someone and stay away from them. Some restraining orders can include more protection, like order a person to move out, or include protections for your children or other family members.
What to say in court for a restraining order?
You are asking the court to protect you. The judge needs to know what your abuser has done and why you are afraid. Tell the court where and when the abuse happened. Show the judge the proof you brought.
How long do you have to put a restraining order on someone?
Generally speaking, there is no deadline to file for a restraining order. If you feel your safety is in danger, contact law enforcement immediately. But, keep in mind that the earlier you request the order after a domestic violence incident or crime, the better.
What is the difference between a no contact order and a protective order?
Protection orders are generally in place when there is no pending criminal case. However, in many cases, a person will seek a protection order prior to a situation where law enforcement gets involved. Then, later, when a criminal act occurs a no contact order is then requested by the prosecutor.
What makes a strong harassment case?
To make a strong case, you must provide evidence that clearly supports your claim of harassment. There are different types of evidence that can help prove your case. Each type of evidence plays a unique role in explaining the events, providing proof of what occurred, and supporting your version of the story.
How do you stop someone from harassing you?
- Contact Law Enforcement.
- Send the Harasser a Cease-and-Desist Letter.
- Maintain Records of the Harassing Behavior or Communications.
- Request a Restraining Order.
Can I sue for harassing text messages?
If you are intentionally harassed and suffer extreme emotional distress, you may be able to bring a claim for intentional infliction of emotional distress under state law. If you just want the harassment to stop, you may be able to petition a state court for a harassment restraining order or an order for protection.
How many text messages are considered harassment?
When you keep sending repeated text messages, it can count as harassment. Keep in mind, though, that there are some exceptions. For instance, a friend of yours asking if you're okay may send repeated messages if you're not answering. Naturally, this would not be considered harassment.
What are 3 actions that are considered harassment?
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
What makes a behavior qualify as harassment?
Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued employment or the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
What proof do you need for a restraining order in California?
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.
Why would a judge deny a restraining order in California?
If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioner's case.
Can I be around someone I have a restraining order against?
These orders impose specific restrictions or conditions on the individual subject to the order, such as maintaining a specified distance from the protected person, refraining from contacting the protected person, or ceasing any form of harassment or intimidation.
Why is it so hard to get a restraining order?
If there isn't any current harassment, the judge won't grant the person's request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.
How to write a letter to a judge for a restraining order?
Tell the Judge in your own words what events have occurred to cause you to need a Personal Protection Order. The Judge will only know what you put in writing. The Judge will not look up or do any kind of investigative work regarding criminal charges or police reports you mention in your statement.
What is a no contact order in California?
A CPO may require a defendant to stay away from, and have no contact with, a Protected Person. These are called “No Contact” orders.
How to legally make someone leave you alone?
If someone refuses to leave you alone, you can take legal action by first issuing a cease and desist letter. If that doesn't work, you can seek a restraining order or protection order through the court, especially if there's harassment or threats involved.
Can I legally stop someone from contacting me?
To get someone to stop harassing you, you can start with a cease and desist harassment letter. If you are not in immediate danger, send the person a cease and desist letter and keep copies for yourself.
How do you get someone away from you?
One option is to get a restraining order. restraining orders are court orders that prohibit someone from coming within a certain distance of you or contacting you in any way. To get a restraining order, you will need to file a petition with your local courthouse and appear before a judge to present your case.