California Code of Civil Procedure § 527.6 provides that, “[a] person who has suffered harassment … may seek a temporary restraining order and an injunction prohibiting harassment …” Code Civ. Proc. § 527.6(a). The statute was enacted “to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” Schraer v. Berkeley Property Owners’ Assn., 207 Cal. App. 3d 719, 729-730 (1989).
When a party seeks an injunction under Code of Civil Procedure § 527.6, “the court must hold a hearing, receive relevant testimony, and issue the injunction if it finds, by clear and convincing evidence, that harassment exists.” See Nora v. Kaddo, 116 Cal. App. 4th 1026, 1027 (2004). “‘Harassment’ is 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. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the plaintiff.” Code Civ. Proc. § 527.6(b).
