Courts may be more hesitant to grant civil harassment orders because, unlike restraining orders, the protected party does not have to have any intimate relationship to the restrained party.
However, in many respects civil harassment orders are very similar to restraining orders. This section describes how civil harassment orders are different from restraining orders—and how to tell if you can get one.
Qualifying Relationship with the Accused
No specific relationship to the restrained party is required. This is the primary difference between a Civil Harassment Order and a Domestic Violence Order.
Qualifying Offenses
Unlike the Domestic Violence Order, a Civil Harassment Order can only be obtained if there is an actual or reasonable threat of harm. Verbal abuse — i.e.”name calling” —is generally not enough for a Civil Harassment Order.
Qualifying Evidence
The court cannot issue a restraining order without “reasonable proof” that the party to be restrained committed the abuse. A signed statement setting out the particular incidents of abuse and, if possible, the dates on which it occurred may be enough evidence.
CHO Protection
In general the protected party will receive an order requiring that the restrained party not contact or come within a 100 yards of them. However, other orders may be requested.