Legal Question in Family Law in California

Re: Restraining orders

But of course. There is a glitch in the law, if you get a restraining order first, then civil liability is much easier to get. Courts often grant restraiing orders without much evidence. However, the legal standard of proof is "clear and convincing evidence." So, after getting the restraining order, you will not have to prove things like emotional distress or harassment. You will only need to prove to the court the amount of emotional distress and harassment. In other words, civil liability should be a matter of law.