The Civil Harassment Detention Order (CHO) is a form of restraining order or protection order used in the state of California. This is a legal intervention in which a person who is considered harassing, threatening or stalking others is ordered to quit, with the aim of reducing the risk of further threats or harming an abused person. Some restraining orders are limited to domestic partners, but the CHO does not. These are often used with the aim of preventing harassment by co-workers, neighbors, strangers and acquaintances.
According to California Code of Civil Procedure section 527.6 (b), to justify a CHO, harassment must "as would cause a reasonable person to suffer great emotional distress and must really cause great emotional distress to the victim."
Video Civil Harassment Restraining Order
Terms and conditions
CHO may request offenders to stop making contact with victims, and/or to stay away from victims' families, workplace, home, and/or school.
Temporary CHO will take effect until a court hearing can take place, usually within 15-22 days. CHO "final order", which may be given after the trial, is still valid for up to three years.
A CHO does not apply until it is presented to a controlled person. Serving CHO is the responsibility of the applicant. Service may be performed by the Sheriff's Department in the area where the harasser lives or works, or by an adult who is not a party mentioned in the case.
Maps Civil Harassment Restraining Order
Penalties for violation
The stalking crime can be punished in California by a prison in a county jail for no more than a year, or with a fine of no more than a thousand dollars ($ 1,000), or with fines and imprisonment, or by jail in the prison state. The penalty for breaking the CHO is 2-4 years in prison.
Other types
CHO is one of six types of restraining orders used in California. The Emergency Protective Order, Domestic Violence Orders, and Criminal Protection Orders ("No Contact"), are intended to protect against domestic violence. The Elder or Dependent Adult Protective Order is intended to protect victims over the age of 65 and/or who have certain disabilities. The Workplace Violence Detention Order aims to protect employees from violence in the workplace. Several hundred thousand arrest orders apply in California at any time, and between 80 and 95 percent include domestic violence involving adults.
Effectiveness
Experts disagree as to whether detention orders are effective in preventing further harassment. The 2010 analysis was published in the American Journal of Psychiatry Journal and the Act reviewed 15 US studies on restraining order effectiveness, and concluded that the detention order "could serve a useful role in threat management." However, a 2002 analysis of 32 US studies found that detention orders were violated an average of 40 percent of the time and considered "followed by adverse events" almost 21 percent of the time, and concluded that "evidence of detention orders'] efficacy was relatively poor, "and that they may pose some degree of risk. A large American telephone survey conducted in 1998 found that, from staking out the victims who obtained the detention order, more than 68 percent reported being violated by their stalkers.
Threat management experts are often suspicious of arrest orders, believing they can escalate or anger the stalker. In his 1997 book The Gift Of Fear, the renowned American security specialist Gavin de Becker marked the arrest warrant as "the homework assignment that police give women to prove that they are truly committed to getting away from their pursuers , "and said they" clearly serve police and prosecutors, "but" they do not always serve the victims. "
References
Source of the article : Wikipedia
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