To get a civil harassment restraining order in California, the burden of proof is on you, and the standard is clear and convincing evidence. That’s set by Code of Civil Procedure Section 527.6(i), and it means the judge must find it highly probable that harassment occurred before issuing the order.1California Legislative Information. California Code CCP 527.6 – Injunction It’s a higher bar than the “more likely than not” standard used in most civil cases, though not as demanding as the criminal “beyond a reasonable doubt.”
What Clear and Convincing Evidence Means
Clear and convincing sits between the two standards people are more familiar with. A preponderance of the evidence, used in most civil lawsuits, only asks whether something is more likely true than not. Beyond a reasonable doubt, the criminal standard, demands near certainty. Clear and convincing falls in between: the judge must believe it is highly probable the harassment happened. In practical terms, your proof needs to leave the judge without serious doubt, even if some room for uncertainty remains.
The legislature chose this higher civil standard because a restraining order seriously restricts the respondent’s freedom. Once issued, the order can require the restrained person to stay away from your home, workplace, and vehicle, and violations carry criminal penalties. That kind of impact justifies asking for more than bare-minimum proof.
The statute is also mandatory once the standard is met. Section 527.6(i) says that if the judge finds by clear and convincing evidence that unlawful harassment exists, an order “shall issue” prohibiting the harassment.1California Legislative Information. California Code CCP 527.6 – Injunction The judge has no discretion to refuse once you carry your burden.
What You Have to Prove
The standard tells you how convincingly to prove your case. The statute tells you what to prove. Section 527.6 defines harassment as one of three things: unlawful violence (such as assault, battery, or stalking under Penal Code 646.9), a credible threat of violence, or a knowing and willful course of conduct directed at you that seriously alarms, annoys, or harasses you and serves no legitimate purpose.1California Legislative Information. California Code CCP 527.6 – Injunction
Most petitions rely on the third category, and it has two parts that both have to be proven. The conduct must be something that would cause a reasonable person substantial emotional distress, and it must actually cause you substantial emotional distress. A judge won’t grant the order just because the behavior upset you if an average person in your position would have shrugged it off. Both the objective and the subjective piece need evidence behind them.
A credible threat of violence means a statement or course of conduct that would place a reasonable person in fear for their own safety or their family’s safety, and that serves no legitimate purpose.1California Legislative Information. California Code CCP 527.6 – Injunction The threat doesn’t have to be spoken outright. Repeated menacing behavior, uninvited appearances at your home, or following you can qualify if the pattern would put a reasonable person in fear.
Who a CHRO Covers
A civil harassment restraining order is for situations where you don’t have a close family or dating relationship with the person harassing you. If the respondent is a spouse, former spouse, someone you dated, a cohabitant, or a close family member, you’d file for a domestic violence restraining order under a different statute. CHROs cover neighbors, coworkers, acquaintances, roommates who aren’t in a dating relationship with you, and strangers.1California Legislative Information. California Code CCP 527.6 – Injunction
A Lower Standard Applies at the TRO Stage
Getting a CHRO is a two-step process, and the burden of proof isn’t the same at both steps. Confusing the two is a common mistake.
When you file your petition, a judge reviews your written declaration the same day or the next business day. To issue a temporary restraining order at that point, the judge needs only “reasonable proof of harassment” and a finding that you’d suffer great or irreparable harm without immediate protection.1California Legislative Information. California Code CCP 527.6 – Injunction This is a much lower bar than clear and convincing evidence, and the respondent doesn’t need to be present or even notified. A TRO lasts up to 21 days, or 25 if the court extends the hearing date.
The full hearing is different. The respondent has been served, knows about the hearing, and has the right to appear, testify, and challenge your evidence. The judge hears both sides and applies the clear and convincing standard before deciding whether to issue a longer-term order. Getting a TRO doesn’t tell you much about your odds at the hearing, because you cleared a lower bar without the other side pushing back.
Evidence That Meets the Standard
Clear and convincing evidence means more than your word alone. Petitions that succeed almost always combine multiple kinds of evidence that reinforce each other.
Communications and Digital Records
Threatening or harassing text messages, emails, voicemails, and social media messages are often the backbone of a case. Screenshots and printouts work, but they need to show the sender’s name or phone number, the date and time, and the full content. A screenshot cropped in a way that removes the sender’s identity or timestamp will run into credibility problems. For social media, capture the profile name and any identifying details visible on screen.
A written log of every incident, including ones you can’t capture electronically, adds real weight. Record the date, time, location, what happened, and any witnesses. A detailed log written close to when events happened is more persuasive than a timeline reconstructed from memory weeks later.
Photographs and Video
Visual evidence of the harassment itself, of the harasser’s presence near your home or workplace, or of property damage can be powerful. Preserve metadata where possible, and note in your log when each photo or video was taken.
Police Reports
Copies of police reports lend credibility to your account even if no arrest was made. A report shows you were concerned enough to involve law enforcement at the time, which cuts against any suggestion that you’re exaggerating after the fact.
Witness Testimony
Friends, neighbors, coworkers, or anyone else who personally witnessed the harassment or its effects on you can testify at the hearing. Their firsthand accounts help establish the pattern of conduct and back up your version of events. Witnesses who can describe how your behavior or emotional state changed as a result of the harassment help prove the substantial emotional distress element.
Medical Records
If the harassment caused physical injury or you sought treatment for anxiety, depression, or other emotional distress tied to the respondent’s conduct, medical records document that harm and connect it to the behavior you’re describing.
How the Burden Plays Out at the Hearing
The hearing is where you actually carry your burden. Organize your evidence in chronological order so the judge can follow the pattern. Bring three copies of every document: one for yourself, one for the judge, and one for the respondent.2California Courts | Self Help Guide. Prepare for Your Restraining Order Court Date
When the case is called, you’ll testify under oath. Walk the judge through each incident and point to the exhibit that backs it up. If a text message from March 15 contained a threat, describe what happened, then direct the judge to that exhibit. Stick to specifics: dates, locations, exact words used, and the impact each incident had on you. The respondent then has the right to cross-examine you, and you can call your own witnesses and question the respondent if they testify. The judge may also ask questions of either party.1California Legislative Information. California Code CCP 527.6 – Injunction
If the judge finds clear and convincing evidence of harassment, the order issues. If your evidence falls short of that standard, the petition is denied and any temporary order expires immediately. The hearing is the whole ballgame, so build the record with the higher standard in mind from the day you start documenting.