What is the test for a temporary restraining order under section 527.6 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from Pelton v. Wilson, H043834, H043835 (Cal. App. 2018):

California Code of Civil Procedure Section 527.6, subdivision (a)(1)3 provides that "[a] person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment in this section." The statute was enacted " 'to protect the individual's right to pursue safety, happiness and privacy as guaranteed by the California Constitution.' " (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1412.)

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