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Civil Harassment Order
A civil harassment order is a type of court-issued restraining order designed to protect individuals from harassment, threats, stalking, or violence by someone with whom they do not have a close personal relationship. It is commonly used to prevent harassment from neighbors, co-workers, acquaintances, or strangers, unlike domestic violence restraining orders which apply to intimate partners or family members.
Legal Definition and Purpose
Harassment for the purpose of a civil harassment order generally includes:
- Unlawful violence such as assault, battery, or stalking.
- Credible threats of violence that reasonably cause fear for personal safety or that of immediate family.
- Repeated actions that seriously alarm, annoy, or harass without legitimate purpose, causing significant emotional distress (e.g., following, harassing calls or emails).
The goal of the order is to legally require the harasser to stop the harmful behavior and to stay away from the victim’s home, workplace, family, or other specified locations to reduce the risk of further harm.
Process and Duration
- A temporary civil harassment order can be issued quickly if there is reasonable proof of harassment and risk of harm, lasting until a full court hearing (usually within 15-25 days).
- After the hearing, a final order may be granted, lasting up to three years, with the possibility of extension up to five years or more depending on the jurisdiction and circumstances.
- The order only takes effect once it is formally served to the person restrained, which is typically done by law enforcement or a designated adult.
Who Can File?
Anyone who is being harassed by someone they do not have a close relationship with can file for a civil harassment order. This includes harassment by neighbors, roommates (if not dating), friends, distant relatives, or strangers. Special provisions may exist for elder or dependent adults to seek additional protections.
In summary, a civil harassment order is a legal tool to protect individuals from serious harassment or threats by non-intimate parties, providing a court-enforced mechanism to stop the harassing behavior and enhance personal safety.