What is the test for a restraining order under section 527.62 of the California Code of Civil Procedure?

Code of Civil Procedure section 527.6² provides a mechanism for victims of harassment to obtain an order enjoining further harassment. The statute was enacted to protect the " 'right to pursue safety, happiness and privacy as guaranteed by the California Constitution.' " (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412.) Under section 527.6, 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 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 correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or computer email." ( 527.6, subd. (b)(1).) "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 petitioner." ( 527.6, subd. (b)(3).) If the trial court "finds by clear and convincing evidence that unlawful harassment exists," a restraining order "shall issue." ( 527.6, subd. (i).)