Harassment And Stalking
Penal Code 646.9 — a credible threat, and a restraining order for up to five years
In California, stalking is willfully, maliciously and repeatedly following or willfully and maliciously harassing another person and making a credible threat intended to place that person in reasonable fear for their safety or their immediate family's. It is punishable by up to one year in county jail, a fine of up to $1,000, or both, or by state prison.
Harassing there means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes them and serves no legitimate purpose. A course of conduct is two or more acts over a period of time, however short, showing a continuity of purpose, and constitutionally protected activity is not included.
- Calling or electronically contacting someone with intent to annoy and using obscene language or threatening injury to them or their family is a misdemeanor.
- So is making repeated calls or contacts with intent to annoy or harass, whether or not anyone answers; neither reaches contacts made in good faith.
- Willfully threatening a crime that would result in death or great bodily injury, meant to be taken as a threat and causing the person sustained fear, is punishable by up to one year in county jail or by state prison.
A civil harassment order can last up to five years, and be renewed for up to five more. A person who has suffered unlawful violence, a credible threat of violence, or a course of conduct that seriously alarms, annoys or harasses them for no legitimate purpose may ask the court for a temporary restraining order and an order after hearing. A temporary order lasts no more than 21 days, or 25 if the hearing is extended. If the judge finds harassment by clear and convincing evidence, the order may last up to five years.
The hearing is held within 21 days of the ruling on a temporary order, or 25 days for good cause. The order may include other named family or household members. The section does not apply to proceedings covered by the Family Code's domestic violence division, which has its own orders.
Sources for this section (4)
- Penal Code 646.9 — Stalking
- Code Civ. Proc. 527.6 — Civil harassment restraining orders
- Penal Code 653m — Annoying or threatening telephone calls and electronic contacts
- Penal Code 422 — Criminal threats
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.