Cielo
Cielo v. Payne CA2/6
Opinion
Opinion
Cody, J.
DISCUSSION
A party seeking a civil harassment restraining order must petition for relief under section 527.6. The responding party “may file a response that explains, excuses, justifies, or denies the alleged harassment, or may file a cross-petition under this section.” (§ 527.6, subd. (h).) The court may issue the order if it finds clear and convincing evidence of “unlawful violence, a
2 It is not clear if the trial court held a hearing on
respondent’s section 527.6 petition. Appellant’s appendix contains no order or reporter’s transcript from the scheduled hearing date, i.e., April 26, 2024. The procedural summary contained in the court’s August 23 ruling states: “4/25/24 – Miscellaneous minute order issued by the Court in 24CV-0224 that mutual restraining orders were previously granted in 24CV- 0158 [i.e., this case], so the Court would take no action.”
3 credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.” (Id., subds. (a)(1), (b)(3) & (i); Schraer v. Berkeley Property Owners’ Assn. (1989) 207 Cal.App.3d 719, 730.) A party may…