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Legal Information: California

Restraining Orders

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Laws current as of January 11, 2024

Will the harasser be notified that I am trying to get a civil harassment order against him/her?

The harasser must be personally served with a copy of your petition and the temporary restraining order, if there is one, as well as notice of the hearing where the judge will decide whether or not to grant you a final civil harassment order. The harasser must be served at least five days before the hearing unless the judge decides there is good reason to shorten that time.1 Your forms can be personally served by anyone over 18 years of age who is not involved in your case,2 such as a friend, a relative, law enforcement or a professional process server.

If you have been unable to get the harasser served in person, and there is reason to believe that the harasser is avoiding (evading) service or cannot be located, then the judge can allow a different method of service that is “reasonably calculated” to actually notify the harasser.3

1 Cal.C.C.P. § 527.6(m)(1)
2 Cal.C.C.P. § 414.10
3 Cal.C.C.P. § 527.6(m)(2)