order after hearing in California

2025A. Section 527.6 of the Civil Procedure Code allows “[a] person who has suffered harassment” to “seek a temporary restraining order and an order after hearing prohibiting harassment.” An order shall issue “[i]f the judge finds by clear and convincing evidence that unlawful harassment exists” (§ 527.6(i)) and “is likely to recur” (Harris v. Stampolis (2016) 248 Cal.App.4th 484, 499 ).

2022DISCUSSION A. Governing Law and Standard of Review “Section 527.6 was enacted ‘to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.’ [Citations.] It does so by providing expedited injunctive relief to victims of harassment.” (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412 ; see Duronslet v. Kamps (2012) 203 Cal.App.4th 717, 724 .) Section 527.6, subdivision (a)(1), provides a “person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this

2025A.C. timely appealed.6 DISCUSSION “ ‘Section 527.6 was enacted “to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” [Citations.] It does so by providing expedited injunctive relief to victims of harassment.’ ” (Parisi v. Mazzaferro (2016) 5 Cal.App.5th 1219, 1227 , (Parisi); accord, Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412 (Brekke).) “Under section 527.6, subdivision (a)(1), ‘[a] person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibit

2025DISCUSSION A. Governing Law and Standard of Review Under section 527.6, subdivision (a)(1), “[a] person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.” Harassment is defined as “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 the person, and that serves no legitimate purpose.” (§ 527.6, subd. (b)(3).) A “[c]ourse of conduct” is defined as “a pattern of conduct composed of a

2025A.C. timely appealed.6 DISCUSSION “ ‘Section 527.6 was enacted “to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” [Citations.] It does so by providing expedited injunctive relief to victims of harassment.’ ” (Parisi v. Mazzaferro (2016) 5 Cal.App.5th 1219, 1227 , (Parisi); accord, Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412 (Brekke).) “Under section 527.6, subdivision (a)(1), ‘[a] person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibit

2024Online (2024) <https://www.merriam-webster.com/dictionary/dox> [as of Sept. 6, 2024], archived at: <https://perma.cc/D8XH-CT23>.) 8 so by providing expedited injunctive relief to victims of harassment.” (Brekke, supra, 125 Cal.App.4th at p. 1412 .) Under section 527.6, subdivision (a)(1), “[a] person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in” section 527.6.

2025DISCUSSION A. Governing Law and Standard of Review Under section 527.6, subdivision (a)(1), “[a] person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.” Harassment is defined as “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 the person, and that serves no legitimate purpose.” (§ 527.6, subd. (b)(3).) A “[c]ourse of conduct” is defined as “a pattern of conduct composed of a

2022The record on appeal does not include a transcript of the June 29, 2021 hearing. 10 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 the person, and that serves no legitimate purpose.” (§ 527.6, subd. (b)(3).) A course of conduct is defined as “a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing corr

2023The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” (§ 527.6, subd. (b)(3).) As used in section 527.6, a “ ‘[c]redible threat of violence’ is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the person’s safety or the safety of the person’s immediate family, and that serves no 7 legitimate purpose.” (§ 527.6, subd. (b)(2), italics added; see Duronslet v. Kamps (2012) 203 Cal.App.4th 717, 725 .) The statute

2022DISCUSSION A. Governing Law and Standard of Review “Section 527.6 was enacted ‘to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.’ [Citations.] It does so by providing expedited injunctive relief to victims of harassment.” (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412 ; see Duronslet v. Kamps (2012) 203 Cal.App.4th 717, 724 .) Section 527.6, subdivision (a)(1), provides a “person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this

2025A. Civil Harassment Restraining Order Under Section 527.6 Section 527.6 “enables a victim of ‘harassment’ to ‘seek a temporary restraining order and an order after hearing prohibiting harassment.’ . . . [S]ection 527.6 provides ‘for the issuance of a temporary restraining order without notice . . . on the same day that the petition is submitted to the court’ [citation] and generally requires the court to hold a hearing on the petition within 21 days [citation].” (Olson v. Doe (2022) 12 Cal.5th 669, 677 (Olson).) “At the hearing, the judge shall receive any testimony that is relevant, and may m

2022DISCUSSION A. Governing Law and Standard of Review “Section 527.6 was enacted ‘to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.’ [Citations.] It does so by providing expedited injunctive relief to victims of harassment.” (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412 ; see Duronslet v. Kamps (2012) 203 Cal.App.4th 717, 724 .) Section 527.6, subdivision (a)(1), provides a “person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this

2025(Smith v. Smith (2012) 208 Cal.App.4th 1074 , 1090‒1091 [minute order not appealable if the court directs preparation of a formal order]; In re Marriage of Wood (1983) 141 Cal.App.3d 671, 677 [where a formal order is required, an appeal does not lie from minute order].) We informed the parties we intended to take judicial notice of the formal order after hearing signed and filed on September 6, and construe mother’s notice of appeal as being taken from the order after hearing.

2025(Smith v. Smith (2012) 208 Cal.App.4th 1074 , 1089‒ 1090 [minute order not appealable if the court directs preparation of a formal order]; In re Marriage of Wood (1983) 141 Cal.App.3d 671, 677 [where a formal order is required, an appeal does not lie from minute order].) We informed the parties we intended to construe Dennis’s notice of appeal as being taken from the order after hearing and to construe the order as an amended judgment.

2025DISCUSSION A. Governing Law and Standard of Review Under section 527.6, subdivision (a)(1), “[a] person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.” Harassment is defined as “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 the person, and that serves no legitimate purpose.” (§ 527.6, subd. (b)(3).) A “[c]ourse of conduct” is defined as “a pattern of conduct composed of a

2022The record on appeal does not include a transcript of the June 29, 2021 hearing. 10 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 the person, and that serves no legitimate purpose.” (§ 527.6, subd. (b)(3).) A course of conduct is defined as “a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing corr

1998Where an order after hearing is neither interlocutory nor intermediate but a final determination, an injured party must timely appeal or lose the opportunity to do so. ( In re Marriage of Padilla (1995) 38 Cal. App.4th 1212, 1215-1216 [ 45 Cal. Rptr.2d 555 ], citing Cal. Rules of Court, rule 2(a)(3); Code Civ.

1998Where an order after hearing is neither interlocutory nor intermediate but a final determination, an injured party must timely appeal or lose the opportunity to do so. ( In re Marriage of Padilla (1995) 38 Cal. App.4th 1212, 1215-1216 [ 45 Cal. Rptr.2d 555 ], citing Cal. Rules of Court, rule 2(a)(3); Code Civ.

2025(Cal. Rules of Court, rule 8.104(d); see Vitkievicz v. Valverde (2012) 202 Cal.App.4th 1306, 1310, fn. 2 .) We invited the parties to respond to our proposed course of action.

2025(Cal. Rules of Court, rule 8.104(d); see Vitkievicz v. Valverde (2012) 202 Cal.App.4th 1306, 1310, fn. 2 .) We invited the parties to respond to our proposed course of action, and told the parties if they did not respond we would construe the notice of appeal as being taken from the August 17, 2023 order, and treat it 10.

2022Section 527.8, subdivision (a) provides the same right to an employer: “Any employer, whose employee has suffered unlawful violence or a credible threat of violence from 3 any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.” “[I]njunctive proceedings under section 527.8 are intended to p

2022Section 527.8, subdivision (a) provides the same right to an employer: “Any employer, whose employee has suffered unlawful violence or a credible threat of violence from 3 any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.” “[I]njunctive proceedings under section 527.8 are intended to p

2022DISCUSSION “Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee.” (§ 527.8, subd. (a).) “ ‘Credible threat of violence’ is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.” (Id., subd. (b)(2).

2022Section 527.8, subdivision (a) provides the same right to an employer: “Any employer, whose employee has suffered unlawful violence or a credible threat of violence from 3 any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.” “[I]njunctive proceedings under section 527.8 are intended to p

2022DISCUSSION A. Governing Law and Standard of Review “Section 527.6 was enacted ‘to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.’ [Citations.] It does so by providing expedited injunctive relief to victims of harassment.” (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412 ; see Duronslet v. Kamps (2012) 203 Cal.App.4th 717, 724 .) Section 527.6, subdivision (a)(1), provides a “person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this

2021(Harris v. Stampolis (2016) 248 Cal.App.4th 484, 497 .) “The appropriate test on appeal is whether the findings (express and implied) that support the trial court’s entry of the restraining order are justified by substantial evidence in the record.” (R.D. v. P.M. (2011) 202 Cal.App.4th 181, 188 .) “[W]hether the facts, when construed most favorably in [the petitioner’s] favor, are legally sufficient to constitute civil harassment under section 527.6, and whether the restraining order passes constitutional muster, are questions of law subject to de novo review.” (Ibid.) Civil harassment restrai

2026GOVERNING LAW AND STANDARD OF REVIEW Under section 527.6, subdivision (a)(1), “[a] person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.” Section 527.6, subdivision (s), provides that “[t]he prevailing party in an action brought pursuant to this section may be awarded court costs and attorney's fees, if any.” The decision whether to award attorneys’ fees under section 527.6, subdivision (s), “is a matter committed to the discretion of the trial court.” (Krug v. Maschmeier (2009) 172 Cal.App

2026(LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Assn. (2023) 94 Cal.App.5th 1050 , 1081; see § 904.1, subd. (a)(2) [authorizing appeal of “order made after [appealable] judgment”].) The decision whether to award attorneys’ fees under section 527.6, subdivision (s), “is a matter committed to the discretion of the trial court.” (Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802 ; accord, Wash v. Banda-Wash (2025) 108 Cal.App.5th 561 , 568.) The court likewise has discretion to determine the amount of attorneys’ fees.

2024(See Schild v. Rubin (1991) 232 Cal.App.3d 755, 762 (Shild).) “If the judge finds by clear and convincing evidence that unlawful harassment exists, an order shall issue prohibiting the harassment.” (§ 527.6, subd. (i).) Saenz emphasizes that, when stating its oral ruling, the trial court told Martinez, “You were annoying.

2022DISCUSSION A. Governing Law and Standard of Review “Section 527.6 was enacted ‘to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.’ [Citations.] It does so by providing expedited injunctive relief to victims of harassment.” (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412 ; see Duronslet v. Kamps (2012) 203 Cal.App.4th 717, 724 .) Section 527.6, subdivision (a)(1), provides a “person who has suffered harassment . . . may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this

2016Because we have found no error, and certainly no prejudicial error, we find no cumulative error. {People v. Hovarter (2008) 44 Cal.4th 983, 1030 [ 81 Cal.Rptr.3d 299 , 189 P.3d 300 ].) DISPOSITION The trial court’s order after hearing, filed February 21, 2013, is affirmed.

2016Because we have found no error, and certainly no prejudicial error, we find no cumulative error. {People v. Hovarter (2008) 44 Cal.4th 983, 1030 [ 81 Cal.Rptr.3d 299 , 189 P.3d 300 ].) DISPOSITION The trial court’s order after hearing, filed February 21, 2013, is affirmed.

2023We reject this argument because we “ ‘presume the court found every fact and drew every permissible inference necessary to support its judgment.’ ” (Engineers & Architects Assn. v. Community Development Dept., supra, 30 Cal.App.4th at p. 653 ; see also Jameson v. Desta, supra, 5 Cal.5th at p. 609 [“ ‘In the absence of a contrary showing in the record, all presumptions in favor of the trial court’s action will be made by the appellate court’ ”].) There is no contrary showing here.