Civil Harassment Restraining Orders: Section 527.6, Filing, and Hearing

A civil harassment restraining order in California is a court order under Code of Civil Procedure Section 527.6 that protects you from someone who is threatening, stalking, or repeatedly harassing you but who isn’t a close family member, a current or former partner, or someone you’ve dated. A judge can issue a final order lasting up to five years, and the hearing is usually set within 21 to 25 days of filing.

Who This Order Is For

Section 527.6 is the right path when the person harassing you is a neighbor, roommate, coworker, acquaintance, or a distant relative like a cousin or aunt you’ve never lived with. It covers people outside the close family and romantic circle.

If the harasser is a spouse, former partner, someone you dated, a parent, a sibling, or anyone you lived with as more than a roommate, you file for a domestic violence restraining order instead. Workplace harassment by someone with no personal tie to you may be addressed through a workplace violence restraining order filed by your employer under a different statute. Filing under the wrong section delays your protection, so the relationship question is worth getting right before you fill out anything.

What Counts as Harassment Under Section 527.6

The statute defines harassment three ways, and you only have to prove one.¹

Unlawful violence, meaning a physical attack like an assault or battery.
A credible threat of violence — a statement or pattern of behavior that would make a reasonable person fear for their safety or the safety of their immediate family, and that serves no legitimate purpose.
A knowing and willful course of conduct directed at you that seriously alarms, annoys, or harasses you, serves no legitimate purpose, would cause a reasonable person substantial emotional distress, and actually causes you substantial emotional distress. This is where repeated unwanted contact, following, harassing calls, and hostile messages fit.

One limit matters up front. Constitutionally protected activity cannot be the basis for this order. Picketing, political speech, and other First Amendment activity don’t count as a course of conduct, even if you find it upsetting.

Forms, Evidence, and Filing Fees

Before you touch the forms, build your evidence file. Get the harasser’s full name, current address, and a physical description including height, weight, and any distinguishing features so the court and law enforcement can identify and serve the person. Then log every incident with exact dates, times, locations, and what happened. Attach text messages, emails, voicemails, screenshots of social media, photographs, video, and any police report numbers or copies. Independent verification from law enforcement carries real weight.

California uses standardized Judicial Council forms. The main filing is Form CH-100, the Request for Civil Harassment Restraining Orders, where you describe what happened and list the protections you want.²³ You’ll also prepare Form CH-110, the proposed temporary restraining order you want the judge to sign immediately. Fill every field. Specify the distance you want the restrained person to stay away from your home, workplace, and vehicle, and list every form of contact you want prohibited. Vague or incomplete forms get delayed or rejected at the clerk’s window.

Whether you pay a filing fee turns on what you’re alleging. If your petition involves violence, a credible threat of violence, or stalking, there is no filing fee, and no fee for subpoenas or the other side’s response.¹ For non-violent harassment — a course of conduct without threats — the standard fee is $435, slightly higher in Riverside, San Bernardino, and San Francisco counties because of local courthouse surcharges.⁴ If you can’t afford it, request a waiver on Form FW-001 based on public benefits, low income, or inability to cover basic needs and court costs.⁵

The Temporary Order and Serving the Other Side

File your completed forms with the civil clerk at the superior court in the county where the harassment occurred. A judge reviews the temporary restraining order request, usually the same day or within one business day. If the judge finds enough evidence of immediate danger, they sign a temporary order that stays in effect for up to 21 days, or up to 25 days if the court finds good cause to extend the hearing.¹ If the judge declines to issue the temporary order, the hearing still goes forward on the same timeline and you present your full evidence there.

The restrained person must be personally served with the court papers before the hearing. Someone other than you — a process server, a sheriff’s deputy, or any adult not involved in the case — physically hands them copies of the petition, the temporary order (if granted), and the hearing notice. You cannot serve the papers yourself. Service must be completed at least five days before the hearing unless the judge authorizes a shorter window.⁶ The server then files Form CH-200, the Proof of Personal Service, before the hearing date. Without that proof on file, the judge cannot proceed.

If the harasser is evading service, ask the court for permission to serve by alternative means. You’ll need to show genuine efforts to locate and personally serve the person first.

The Hearing and the Burden of Proof

At the hearing, you have to prove your case by clear and convincing evidence. That’s a higher bar than the usual civil standard. Your evidence must show the harassment is highly probable, not just more likely than not. Vague or unsupported claims won’t clear it.¹

Bring your evidence log, all supporting documentation, and any witnesses who saw the behavior firsthand. Eyewitness testimony to specific incidents matters. If you’ve received medical or psychological treatment because of the harassment, records from those providers help establish emotional distress. The judge hears from both sides and may ask independent questions before deciding whether the evidence meets the statutory definition.

If the restrained person was properly served but doesn’t show up, the hearing still proceeds. The court’s notice explicitly warns the respondent that failing to appear can result in orders lasting up to five years.¹ When the final order’s terms match the temporary order, the court can serve the non-appearing respondent by first-class mail instead of requiring personal service again.

What the Final Order Does

A granted order after hearing imposes specific restrictions. The judge can prohibit every form of contact: phone calls, texts, emails, messages through third parties, and any in-person approach. Stay-away provisions set a physical buffer between the restrained person and your home, workplace, vehicle, and school. You request a distance on Form CH-100 and the judge sets what fits the situation.

Every civil harassment restraining order under Section 527.6 also triggers a California firearm prohibition. The restrained person cannot own, possess, buy, or receive any firearm or ammunition while the order is in effect, and the court orders them to surrender any firearms they currently have under Section 527.9. Violating the firearm restriction is a separate criminal offense under Penal Code Section 29825.¹

How Long the Order Lasts and How to Renew It

A final order can last up to five years at the judge’s discretion. It can be modified or ended early if either party files a motion or both parties file a written agreement.¹

If you still need protection when the order nears its end, request a renewal for up to five more years. You don’t have to show that new harassment has occurred since the original order — the renewal rests on the original findings. File within the three months before the current order expires.¹ Renewal takes new forms, service on the restrained person, and a court hearing.⁷ Don’t let the order lapse. If it expires before you file, you start over with a new petition and new evidence of current harassment.

If the Order Is Violated

Any intentional and knowing violation is a misdemeanor under California Penal Code Section 273.6. A first offense carries a fine of up to $1,000, up to one year in county jail, or both. Penalties escalate when the violation causes physical injury or when the person has prior convictions, and repeat violations involving violence or a credible threat can be prosecuted as a felony under Penal Code Section 1170(h).⁸

If someone violates your order, call law enforcement immediately. Police can arrest on the spot. Document the violation and report it to the court as well; it strengthens future enforcement proceedings and any renewal request.

Enforcement in Other States

If you travel or move, federal law requires other states to honor your California order. Under 18 U.S.C. § 2265, any protection order issued by a court with proper jurisdiction, after the restrained person received notice and an opportunity to be heard, must be enforced by courts and law enforcement in every other state as if it were a local order. You don’t need to register it in the new state — the statute explicitly says failure to register doesn’t affect validity.⁹ Still, carry a certified copy so out-of-state officers can verify it quickly, and consider letting local law enforcement in your new area know it exists.

1
California Legislative Information. California Code of Civil Procedure Section 527.6
2
Judicial Council of California. CH-100 Request for Civil Harassment Restraining Orders
3
California Courts. Request For Civil Harassment Restraining Orders (CH-100)
4
California Courts. Superior Court of California Statewide Civil Fee Schedule
5
California Courts. Request to Waive Court Fees
6
Superior Court of California, County of Orange. Civil Harassment – General
7
California Courts. How to Renew a Civil Harassment Restraining Order
8
California Legislative Information. California Penal Code Section 273.6
9
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders