Can I get a Restraining Order Against a Physician in California
Yes, you can get a restraining order against a physician in California—if their behavior meets the legal criteria for harassment, abuse, stalking, threats, or violence.
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If the Physician is Harassing or Threatening You
You can seek a restraining order if a physician—whether someone you’ve worked with, been treated by, or encountered socially—engages in conduct that causes you serious distress. This includes repeated unwanted contact, stalking, threats of physical harm, or behavior that makes you feel unsafe. Even if no physical contact has occurred, repeated verbal harassment or intimidation that causes emotional distress may qualify for a Civil Harassment Restraining Order (CHRO).
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If There’s Violence or Abuse
In situations where the physician has a personal or intimate relationship with you—such as a former partner or family member—and has committed abuse or threats of abuse, you may be eligible for a Domestic Violence Restraining Order (DVRO) instead of a CHRO. The key factor here is the nature of the relationship and whether the behavior includes physical or emotional abuse.
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If the Physician is a Coworker or Supervisor
If you work in a healthcare setting and the physician is a colleague, supervisor, or someone in a position of authority, and they are harassing or threatening you at work, you can file a CHRO. Your employer also has the option to file a Workplace Violence Restraining Order on your behalf. These orders are particularly important in maintaining a safe and respectful workplace environment and preventing retaliation or escalation.
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If You’re a Patient and the Harassment is Medical-Related
If you’re a patient and the physician crosses professional boundaries—such as making unwanted sexual advances, engaging in inappropriate touch, coercive behavior, or other forms of abuse—you can take both legal and administrative action. In addition to requesting a restraining order, you can report the physician to the Medical Board of California, which has the authority to investigate and discipline licensed doctors.
Forms needed
These are the court forms typically required for this process. LegalAtoms prepares each of them for you automatically.
- CH-109 Notice of Court Hearing
- CM-010 Civil Case Cover Sheet
- RI-Cl032 Certificate Of Counsel
- L-0889 Declaration Re Notice Temporary Restraining Order
- CH-116 Order On Request To Continue Hearing
- CV-5014 Declaration In Support Of Ex-Parte Application For Civil Restraining Orders
- VN-189 Consent For Court assignment
- VN-028 Declaration Re Ex Parte Notice
- 13-16503-360 Certificate of Assignment
- Declaration Declaration Re: Notice Upon Ex Parte Application For Orders
- FL-303 Declaration Regarding Notice For Temporary Order
- EPN Declaration Regarding Ex Parte Notice To Opposing Party
- CH-100 Request for Civil Harassment Restraining Orders
- CH-110 Temporary Restraining Order
- CH-200 Proof of Personal Service
- CH-115 Request to Continue Court Hearing
- CH-130 Civil Harassment Restraining Order After Hearing (CLETS-CHO)
- CH-120 Response to Request for Civil Harassment Restraining Orders
- CH-CLETS-001 Confidential CLETS Information