Based in San Jose · Serving Santa Clara & Alameda Counties
A civil harassment restraining order is a court order under Code of Civil Procedure § 527.6 that restricts contact and conduct between people who do not have a qualifying domestic relationship — neighbors, coworkers, former friends, online harassers, family members who fall outside the domestic violence statute. California also recognizes workplace violence restraining orders, elder abuse restraining orders, and others. The hearing functions as a trial, and the consequences reach into employment, professional licensing, and any parallel criminal case.
Civil Harassment Orders Are Public And Appear In Background Checks
Can Affect Visa Applications And Adjustment Of Status
Many Employers Terminate Or Refuse To Hire People With Restraining Orders Against Them
Civil Harassment Orders Trigger Firearm Prohibitions
Disclosure Requirements For Many Regulated Professions
Violations Are Independently Chargeable As Criminal Offences
Civil Harassment Orders Affect Custody Even Without A DVRO
Up To 5 Years; Renewable
A civil harassment restraining order is a court order under Code of Civil Procedure section 527.6 that restricts contact and conduct between people who do not have a qualifying domestic relationship. It is used between neighbors, coworkers, former friends, online harassers, and
family members who fall outside the domestic violence statute. The orders can last up to five years and are renewable.
A DVRO – or domestic violence restraining order – requires a domestic or intimate relationship as defined in California Family Code section 6211. Civil harassment restraining orders cover everyone else. The DVRO standard is broader, including “disturbing the peace” under California Family Code section 6320. The civil harassment standard requires a knowing and willful course of conduct that seriously alarms, annoys, or harasses. The statutes are different but the consequences are similar.
The petitioner files required forms with the superior court. A temporary order can be requested ex parte if there are grounds. Service of the temporary order on the respondent is required, and a hearing is held within 21-25 days. At the hearing, the petitioner has the burden of clear and convincing evidence to obtain a permanent order. In practice, ensure the best outcome, you should hire an attorney for this task.
Multiple defense angles exist. These include showing that the conduct was not a knowing and willful course of conduct, that it was not directed at the petitioner, that the conduct served a legitimate purpose, that the petitioner’s evidence is hearsay and unreliable, or that the respondent’s conduct was lawful. The hearing is a trial and should be prepared for as one.
Under California Code of Civil Procedure section 527.6, harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses with no legitimate purpose, causing substantial emotional distress to a reasonable person. The definition is broader than people realize. Constitutionally protected speech is excluded by statute.
Client Testimonials
Vijay is a thorough gentleman. He listened to me like a counselor would, then shared his acumen in the best possible language. I felt safe and much better by merely knowing my legal options and rights.
Hand down the best lawyer with a wide range of experience from immigration to litigation.
Thank you so much from the bottom of my heart. The way Mr.Vijay handled the case from explaining the details to me, filing motions with all the details included, and email communication between you and DA was outstanding.
We were very much worried about my life the way the case was leading too. But, everything was handled by you smoothly and professionally. My family and I are so grateful to you. It exceeded beyond our expectations. Thank you so much sir again for everything you did in this case.
Vijay is a knowledgeable and helpful attorney. He was there for me and helped me through a difficult incident. He was able to work with the prosecutor and I received a favorable outcome. Mr. Dinakar communicates with his clients, tells them the possible outcomes, and delivers results. Do your research, he is reputable around town and is a straight shooter. 5 stars for Vijay and his firm. He’s one of the better CD lawyers in SJ and I value his help and support. Don’t look for anyone else, hire Vijay for your legal needs.
I had 2 felonies charges regarding insurance fraud claim. My Naturalization(citizenship) petition was on hold due to felonies. I met Vijay regarding my case. His first free initial consultant is very transparent. So I hired him. He understands the important of immigration consequence with criminal charges & impact on professional career.
Vijay was so patient enough; he took multiple court dates to resolve case in my favor. He communicates very clearly. He also wrote multiple letters to submit my status to keep alive my naturalization petition in USCIS.
Finally, my 2 felonies charges dismissed & converted into Infraction charge. My naturalization petition approved & got citizenship certificate.
He is very responsive & also available to discuss during late evening & weekend. He is very friendly, professional & detail orientated. I would highly recommend him for criminal case.
I don’t know how to say thanks to Vijay.
Before I came to him I had hired two other attorneys, and trust me those behaved like the gang mans. Nice at the beginning to get the money and stated playing with the matter to see it gets worse so that they can milk you more (just like the drug dealers does).
I strongly suggest you should try Vijay if you have already troubled by other attorneys like my case or in fact he better be your first attorney in any case. You can only compare him with others only if you had hired others before.
First of all we are very happy to have identified Vijay for our case. He is such a brilliant and skilled attorney and particularly man of actions. His sincerity in following up case to completion was speedy and commendable. Would definitely recommend him as he is very approachable and friendly.
Vijay Dinakar is BY FAR THE BEST LAWYER I’ve ever seen. I need more than 5 stars to express my gratitude to Vijay. He is the ideal lawyer you expect from watching movies. He is very knowledgeable and more important than that, he is a hard worker. I value more his work attitude because independently of the outcome, I believe he is working very hard in my case, and as a result he will win my case. He is a winner!
I have worked with many lawyers but he is by far the best in the business. He got my case completely dismissed !! I am glad to have consulted him..
I am glad that I approached Vijay to help me with my DV case. He is a good person, very knowledgeable, logical and has a calm but a rational approach. He was very strategic and focused on the relevant points. He was sharp, impactful and picked up important cues during the trial and strongly advocated for me in the court. Although the prep for my case was very last minute, he was great. Me and my family are very grateful to him, for helping me out in a very stressful time. I would certainly recommend him to friends and family.
Excellent hardworking lawyer.
I am grateful for the outcome produced by Mr. Vijay after hearing in my domestic violence restraining order trial. Vijay is a very knowledgeable attorney who provides so thorough answers to questions. He talked nonstop for over one hour explaining all possibilities that I would face. I felt hopeless at the time that I will have immigration problems but I am surprised when I am told by Vijay the case would not be filed in criminal court. Then Vijay helped with the family restraining court. This case went on for too long because but finally we did trial and I had many texts that proved the lies and plan. Vijay is confident in court and we had planned and won. Hopefully, nobody gets into these terrible cases but a good attorney can help you out of it.
HIGHLY RECOMMEND for an extremely satisfying representation
Providing 5-star and saying Mr.Vijay Dinakar is a good attorney would still be an understatement considering many 10/10 positive reviews and his excellent representation in my case. I write this review hoping it would help someone like me who has spent hours checking reviews online, consulting many attorneys while trying to hire a good one and finally found the best. I have known attorney Vijay Dinakar for over one and a half years now. He did what he promised me in my complicated case involving several other cases. In fact, Vijay Dinakar’s aggressive representation in the court room ensured more than a favorable result. I couldn’t be any happier about going with this law firm. He is non-judging, very patient and composed which helped in dealing with the emotionally draining legal case. While I cannot divulge the details of my case, I can say that Vijay Dinakar got me an excellent victory giving me an edge over the opponent in my other cases. Thanks to his outstanding representation. He is one of those rare attorneys who does not file anything we ask for by taking Fee. He is very ethical and always did what was right and favorable to the client. He is easy to reach and always available to answer my questions. With my experience as a client, I would just say to keep calm and trust Vijay Dinakar. He has always stayed on top of things. Highly responsive Reachable – Always, through mail/text/phone call Fee – Very reasonable. He has put more efforts and time towards my case than the Fee he charged me. All the reviews about Vijay Dinakar Law Firm will prove to be true once you have the initial consultation. I HIGHLY RECOMMEND Vijay Dinakar Law Firm to anyone in need of an extremely satisfying legal representation.
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