Understanding the difference between domestic violence and civil harassment is important, as they are often incorrectly used interchangeably within the context of California’s legal framework. These terms describe completely different behaviors that carry their own set of legal consequences. Whether you are seeking protection or need to defend yourself against allegations, understanding these differences can be a huge help in your legal case.
Understanding Key Differences Between Domestic Violence and Civil Harassment
An act of domestic violence occurs between two individuals who often share a close personal relationship. This can be between two spouses, ex-spouses, cohabitants, or just close family members. The type of abuse can be either physical, emotional, sexual, or economic. Some examples of domestic violence include hitting someone, threatening to take their life, controlling their finances to remove their independence, and isolating them from family and friends.
On the other hand, civil harassment is similar in terms of the type of abuse but does not happen between two people who have a close personal relationship. These cases happen between neighbors, acquaintances, co-workers, or even between two complete strangers. Other types of activities that can happen in these instances include stalking, making repeated unwelcome contact, or sending threatening messages.
The Difference in Crimes For Domestic Violence and Civil Harassment Restraining Orders
The criteria for seeking a restraining order for an act of domestic violence or civil harassment varies based on the nature of the relationship and what specific type of offense happened. Domestic Violence Restraining Orders (DVROs) can be issued if there is merit to prove some of the following acts of misconduct:
Inflicting Injury on a Spouse
California law states that anyone who inflicts corporal injury that results in a traumatic condition to another victim could face the prospect of being charged with a felony as well as facing fines and time spent in prison. Such an act would qualify under this penal code if the victim was the offender’s spouse, ex-spouse, cohabitant, fiancé, or the parent of the offender’s child.
Domestic Battery
This is classified as any unwanted physical contact by someone’s intimate partner. Unlike corporal injury, domestic battery does not require an individual to provide evidence of visible physical harm. An action such as a slap, push, or grab can qualify under this category.
Child Abuse
In domestic violence cases, child abuse is any act that inflicts physical or emotional harm to anyone under the age of 18. Because this is a vulnerable population, the state of California places a strong emphasis on protecting children from physical and emotional violence. If a child is being abused, a DVRO can be used to restrict the abuser’s access to the child and keep them safe.
Revenge Porn
Revenge porn is the act of distributing sexually explicit images of someone without their consent. This can be an extremely distressing experience for the victim that leaves lasting damage to their emotional and mental health. Victims of this can seek out a DVRO to stop the individual from distributing the material or from contacting them personally until the issue is resolved in court.
Because Civil Harassment Restraining Orders (CHROs) are issued between people who do not share a close personal relationship, the nature of these crimes differs from those in the domestic violence category. Some examples of these CHRO offenses include:
Stalking
When someone is repeatedly following or harassing someone to the point where the victim fears for their safety, they can request a CHRO to be issued. To prove stalking is happening, you and your attorney could collect evidence like surveillance footage to demonstrate the alleged abuser’s behavior.
Criminal Threats
Making a threat that can cause someone to fear for either their own personal safety or the safety of their family can be enough to justify having a CHRO against the individual. Even if there is no evidence of physical harm, the fear of the threats alone is enough justification to put this order in place.
FAQs
Q: What Is the Basis For a Civil Harassment Restraining Order in California?
A: Civil harassment restraining orders are issued in California to help protect people from additional harassment they have already experienced from someone they’ve encountered. To receive this protection, an individual will need to provide evidence of the threat and demonstrate how it has caused them significant emotional distress that any reasonable person would also experience under a similar scenario.
Q: What Are Three Actions That Are Considered Harassment?
A: Stalking, making threats, and cyberbullying are three different actions that can be considered harassment. Stalking is the act of surveilling someone in a closer manner that causes them to fear for their safety. Any verbal or written threats that make someone feel unsafe qualify as harassment as well. When online, harmful posts or derogatory information about another individual is called cyberbullying, and the offender could be held liable for the damages caused by the harassment.
Q: What Is the Process for Obtaining a Restraining Order in California?
A: To officially obtain a restraining order in California, a petitioner is required to fill out the appropriate forms with the court that detail the abuse they have experienced. The form will include a request for a temporary restraining order (TRO), which will grant them short-term protection while they wait for a court hearing. A permanent restraining order will be based on a judge’s final verdict after they review all evidence in the case to confirm the validity of the threat.
Q: Can a Restraining Order Be Modified or Terminated?
A: Yes, restraining orders have the flexibility to be modified or terminated if circumstances have changed. Either party is able to file a request with the court to make this happen. For example, the protected individual might request a modified order due to new safety concerns they have experienced if they believe the original order is not strict enough to keep them safe.
Contact the Team at My SoCal Lawyers Today
If you have any additional questions on the difference between domestic violence and civil harassment or need legal assistance with a recent order, get in touch with My SoCal Lawyers today. We can help explain these differences and advise on which might make the most sense for your specific circumstances.
