Can a family member get a civil harassment restraining order?

In a civil harassment restraining order, you can ask to restrain: A family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, or Other people you are not closely related to.

When is abuse considered to be civil harassment?

It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence.

Can a person be prosecuted under the Harassment Act 1997?

Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means that someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts.

What does the law say about harassing someone?

The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR A credible threat of violence, AND The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

What is the legal definition of civil harassment?

Family Law Civil Harassment Law and Legal Definition. An Order For Protection is a court order that protects a victim from domestic abuse. Any family or household member may ask the court for an Order For Protection.

What to do if a family member is harassing you?

There are several things you can do to stop a family member from bothering you. If these actions don’t have an effect on harassment, legal steps against the person is an option that many people choose. Ask your family member to stop. In many cases, the courts won’t step in until you’ve taken steps to stop harassment on your own.

When is abuse considered civil harassment in California?

So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and not domestic violence. The civil harassment laws say “harassment” is: The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.