Restraining Orders – Harassment and Violence in Community Associations By Jason A. Savlov, Esq.
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n the past five years since the COVID-19 pandemic, community associations have experienced an increase in harassment and violent behavior from homeowners and tenants. As community association attorneys, we used to file one or so restraining order actions per year. Currently, we evaluate restraining order requests every month. This article provides an overview of the laws and process for restraining orders affecting community associations. Under current Federal and California laws, associations must investigate harassment or violence complaints, even involving neighbor-to-neighbor situations, if they involve any protected characteristic in California, such as race, gender, and disability, to name a few. Failure of an association to investigate and take action to stop harassment based on discrimination could result in a complaint to the Department of Fair Employment and Housing (DFEH) and/or the California Civil Rights Department. Generally, if the complaint involves neighbor-to-neighbor harassment or violence that is not based on discrimination of a protected class, the association does not need to attempt to obtain a restraining order against the offending neighbor. Instead, the association can remind the parties that it is up to them to take action to protect themselves, such as attempting to obtain their own a civil harassment restraining order. The Riverside Superior Court’s website has guidance as a starting point. However, if the harassment or violence is against a board member, manager, association employee, or vendor, the association can file a workplace violence petition. Effective January 1, 2025, workplace violence restraining orders can be sought for situations involving credible threats or acts of violence and also for harassment. Another new provision this year is that the association must obtain consent from each board member, manager,
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HOA Living | MAY, 2025
employee, and vendor it seeks to protect with the petition. Board members, managers, employees, and vendors can also include their family or household members to be protected. If a workplace violence restraining order is issued, the protected individuals are added to a law enforcement database that assists law enforcement in knowing who has a restraining order against them and who is protected from the restrained individual. Associations should work with their legal counsel to determine whether there is enough evidence to obtain a workplace violence restraining order. The association will need to document as much information as possible about the violence or harassment committed by the offender. Such documentation includes photos, videos (by phone or surveillance cameras), emails, texts, social media posts, etc. With respect to demonstrating violence, it needs to be a credible threat of violence or actual violence, both of which may be difficult to prove. Harassment is a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and serves no legitimate purpose. The process of attempting to obtain a restraining order