Fee petition mechanics · Updated June 2026

California civil harassment restraining order attorney fee petition mechanics: Superior Court CH case number as primary Welch anchor under CCP § 527.6, TRO advisory call cycle, and prevailing party fee petition advisory

California civil harassment (CCP § 527.6) solos billing hourly on prevailing party attorney fees — in actions where the primary Welch temporal anchor is the CALIFORNIA SUPERIOR COURT CIVIL HARASSMENT RESTRAINING ORDER (CH) CASE NUMBER (assigned by the Superior Court clerk when the petitioner files the ex parte Temporary Restraining Order application; the CH case number is the ONLY primary Welch anchor in the fee-petition-mechanics series in a CALIFORNIA SUPERIOR COURT CIVIL HARASSMENT (CH) CASE NUMBER — a Superior Court civil harassment docket case type distinct from every other Superior Court primary anchor in the series: Unlawful Detainer (UD) [tier_zz — residential eviction proceedings], Probate Division PT case [tier_ww — trust petitions, blog #55], and every federal PACER case number [multiple tiers]; distinct from all California state administrative agency case numbers — DLSE wage claim [tier_vv], CRD FEHA complaint [tier_uu], CDPH LTC complaint [tier_yy], DFPI investigation [tier_aaa], CSLB complaint [tier_zz]; § 527.6 provides that the prevailing party in a civil harassment action may be awarded court costs and attorney's fees; the 21-day TRO-to-noticed-hearing window is set by the court on the CH docket calendar entirely outside petitioner counsel's scheduling control) — generate three billing gaps driven by advisory calls on the court's CH TRO calendar, the noticed hearing calendar, the civil and criminal contempt calendar, and the § 527.6 renewal hearing calendar: TRO application and § 527.6 harassment elements and documentation advisory calls (7 clients × 2 calls × 42 min × 55% untracked ≈ 5.39 hrs = $1,617–$2,695/year at $300–$500/hr), noticed hearing preparation and civil contempt coordination and renewal advisory calls (6 clients × 3 calls × 44 min × 55% ≈ 7.26 hrs = $2,178–$3,630/year), and § 527.6 prevailing party attorney fee petition and Ketchum multiplier advisory calls (5 clients × 2 calls × 44 min × 55% ≈ 4.03 hrs = $1,210–$2,017/year). For a solo California civil harassment § 527.6 practice, the annual billing gap from advisory call underlogging is $5,005–$8,342.

TL;DR

ClaimHour captures every TRO filing date advisory call that starts the § 527.6 fee documentation period, every noticed hearing preparation and civil contempt advisory call on the court's CH docket calendar the civil attorney does not control, and every § 527.6 prevailing party fee petition advisory call on the post-judgment calendar — passively, no timer, no audio, no call contents. $29–$59/mo. No PMS required.

TRO ex parte application and § 527.6 harassment elements and documentation preservation advisory: calls on the client intake and CH case opening calendar

The California Superior Court Civil Harassment Restraining Order (CH) Case Number — assigned by the clerk when the petitioner's attorney files the ex parte Request for Civil Harassment Restraining Order (Judicial Council form CH-100) — is the primary Welch temporal anchor for CCP § 527.6 attorney fee billing documentation. California civil harassment practice under § 527.6 is the ONLY practice area in the fee-petition-mechanics series where the primary Welch anchor is in a CALIFORNIA SUPERIOR COURT CIVIL HARASSMENT (CH) CASE NUMBER. The civil harassment (CH) case docket is procedurally and docket-level distinct from every other Superior Court primary anchor in the series: Unlawful Detainer (UD, tier_zz) cases involve residential tenancy disputes and are heard in the civil law/unlawful detainer department; Probate (PT) cases involve trust and estate administration and are heard in the probate division; and PACER federal district court cases are in federal courts with separate docket systems. The CH case is assigned in the civil department of the Superior Court and triggers a judicial calendar the petitioner's attorney does not control. CCP § 527.6(b)(3): "harassment" means 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.

Three TRO application and § 527.6 elements advisory call types generate untracked billing: (1) § 527.6(b) harassment elements classification and ex parte TRO filing advisory — arrives when client first retains civil harassment counsel after harassment incident (CH case number created at ex parte TRO application; § 527.6(b)(1) course of conduct classification: two or more acts over any period of time evidencing a continuity of purpose — single-incident calls do not qualify as course of conduct but may qualify as unlawful violence or credible threat of violence; § 527.6(b)(2) credible threat of violence: knowing and willful statement or course of conduct that places a reasonable person in fear for safety — oral, written, or electronic communications qualify; § 527.6(b)(3) reasonable person standard: would a reasonable person suffer substantial emotional distress from the course of conduct — objective test advisory; documentation inventory: text messages, emails, voicemails, social media DMs (screenshot and hash), Ring/Nest/Arlo security camera footage, neighbor witness statements, police incident reports if any, prior DVRO or EPO from related family law matter; CH case number = Hensley lodestar start date — 42–48 min per call); (2) employer petition advisory and § 527.6(b)(7) workplace stalking classification and employee statement collection — arrives when employer retains counsel to petition for civil harassment protection on behalf of harassed employee (§ 527.6(b)(7) — employer may seek civil harassment order on behalf of employees who have suffered unlawful violence or credible threat of violence at the workplace; employee declaration: each harassed employee provides a supporting declaration (CH-110); § 527.6(h) — employer's attorney requests TRO in employer's name; workplace security advisory: what surveillance footage, badge access records, email/Slack records document the harassment pattern; separate CH case number for each workplace harassment petition — separate advisory billing cycle per petition — 42–48 min per call); (3) TRO evidence sufficiency and firearms relinquishment advisory and federal 18 U.S.C. § 922(g) advisory — arrives contemporaneously with TRO filing (§ 527.6(d)(1) — TRO may issue without notice only if great or irreparable harm would result from delay; § 527.6(c) — if TRO issues, court shall include order prohibiting respondent from possessing, receiving, or purchasing any firearm; 18 U.S.C. § 922(g)(8) — federal law prohibits possessing a firearm while subject to a civil protective order; CLETS entry: TRO entered into California Law Enforcement Telecommunications System (CLETS) — makes order visible to all California law enforcement; firearms surrender advisory: respondent must surrender firearms within 24–48 hours under Pen. Code § 29825 — 42–48 min per call). At 55% untracked: 7 clients × 2 calls × 42 min × 55% = 323.4 min / 60 = 5.39 hours = $1,617–$2,695/year at $300–$500/hr.

Noticed civil harassment hearing preparation and civil contempt coordination and § 527.6(j) renewal advisory: calls on the court's CH docket calendar

The Superior Court's CH docket calendar — the court-set hearing date within the 21-day TRO-to-noticed-hearing window — is entirely outside the petitioner attorney's scheduling control. CCP § 527.6(g) requires that the noticed hearing be set within 21 days of the TRO issuance (or within 25 days if the sheriff's service timeline requires it). The court determines when within that 21-day window the noticed hearing is scheduled. Each court-set hearing date triggers preparation advisory calls: evidence organization, witness preparation, cross-examination strategy for respondent's anticipated denial of course-of-conduct, and renewal vs. dismissal strategy if respondent appears with counsel. If the respondent violates the TRO before the noticed hearing — a frequent scenario when a harassment respondent continues contact after receiving the TRO — a contempt proceeding may be initiated on the criminal or civil contempt calendar outside the attorney's scheduling control. Ketchum v. Moses 24 Cal.4th 1122 (2001). PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000). Hensley v. Eckerhart 461 U.S. 424 (1983) lodestar from CH case creation date. Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees.

Three noticed hearing preparation and contempt advisory call types generate untracked billing: (1) noticed hearing evidence presentation and § 527.6(i) testimony advisory — arrives as court sets the 21-day noticed hearing date (§ 527.6(i) — at the noticed hearing, the court shall receive any testimony that is relevant and may make an independent inquiry; § 527.6(i) affidavit-based evidentiary hearing: unlike most civil hearings, the court may rely entirely on sworn declarations plus limited live testimony in § 527.6 hearings — evidence strategy advisory on whether to call live witnesses or proceed on declarations; respondent's denial: most respondents deny course of conduct, claim legitimate purpose, or assert protected First Amendment speech — advisory on distinguishing protected speech from harassing course of conduct; Byers v. Cathcart (1997) 57 Cal.App.4th 805 — § 527.6 harassment requires pattern of conduct that would cause a reasonable person to suffer substantial emotional distress — advisory on documenting distress evidence; three-year order: § 527.6(d) — after noticed hearing, court may issue restraining order for up to five years — 44–50 min per call); (2) TRO violation contempt and Pen. Code § 166 criminal contempt advisory — arrives when respondent violates TRO conditions before noticed hearing (Pen. Code § 166(c)(1) — violation of a protective order issued under § 527.6 is a misdemeanor punishable by up to one year county jail; civil contempt: CCP § 1209 — court may hold respondent in contempt for disobeying court order; criminal contempt track: DA may file misdemeanor complaint based on order violation — parallel civil/criminal advisory; CLETS entry: CLETS makes order violation detectable by any law enforcement officer who checks respondent's record; evidence advisory on documenting order violations: text messages sent after order issued, surveillance footage showing respondent near prohibited locations, call logs showing prohibited contact — 44–50 min per call); (3) § 527.6 renewal hearing preparation and change-of-circumstances advisory — arrives when restraining order approaches expiration (§ 527.6(j)(1) — any person subject to a permanent order may seek a termination or modification; petitioner may seek renewal; renewal without new showing of harassment: petitioner need not show new harassment occurred during order period; respondent's burden to show that circumstances have changed and harassment is not likely to occur; renewal hearing on CH docket calendar set by court: new advisory cycle on court's renewal scheduling calendar outside attorney's control — 44–50 min per call). At 55% untracked: 6 clients × 3 calls × 44 min × 55% = 435.6 min / 60 = 7.26 hours = $2,178–$3,630/year at $300–$500/hr.

§ 527.6 prevailing party attorney fee petition and Ketchum multiplier advisory: calls on the post-judgment calendar

CCP § 527.6 provides that the prevailing party in a civil harassment proceeding may be awarded court costs and attorney's fees. The § 527.6 fee provision is discretionary — "may be awarded" — not mandatory ("shall award"), distinguishing it from statutes like Welf. & Inst. Code § 15657.5(a) (financial elder abuse) and Lab. Code § 1102.5(j) (whistleblower). The discretionary nature of the fee award creates a Ketchum multiplier opportunity for petitioner's counsel: the contingent risk that the court will exercise its discretion to deny fees even to a successful petitioner justifies the Ketchum enhancement. The § 527.6 fee petition requires a Hensley lodestar from the CH case creation date (TRO ex parte filing) through all phases of the § 527.6 proceeding. Ketchum v. Moses 24 Cal.4th 1122 (2001) positive multiplier. PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000) California prevailing market rate. Hensley v. Eckerhart 461 U.S. 424 (1983) lodestar from CH case creation date. Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees.

Two § 527.6 post-judgment advisory call types generate untracked billing: (1) § 527.6 prevailing party determination and fee petition scope advisory — arrives when noticed hearing concludes with a permanent order or dismissal (prevailing party determination: the petitioner who obtains the permanent order is the prevailing party; if the court denies the restraining order after noticed hearing because petitioner failed to meet the § 527.6(b) standard, the respondent may be the prevailing party and seek fees from the petitioner — two-way fee risk advisory; lodestar scope: all time from CH case creation date (ex parte TRO filing) through TRO hearing preparation through noticed hearing through permanent order through any contempt proceedings qualifies as compensable time under Hensley; documentation standard: § 527.6 fee petition requires contemporaneous time records from CH case creation date showing each advisory call, each filing, each hearing preparation — 44–50 min per call); (2) pre-dismissal settlement leverage and § 527.6 attorney fee threat advisory — arrives during settlement negotiations if respondent offers to stipulate to a stay-away agreement (§ 527.6 stipulated permanent order: respondent may agree to a permanent order by consent without admitting harassment — eliminates noticed hearing burden; however, stipulated order means respondent is "subject to a protective order" under 18 U.S.C. § 922(g)(8) — may not possess firearms; Ketchum multiplier: if respondent agrees to consent order, prevailing party determination becomes uncertain — settlement must include fee provision; lodestar from CH case creation date through settlement: all pre-settlement advisory calls (documentation, TRO hearing, stipulated order negotiation) are compensable — Missouri v. Jenkins fees-on-fees advisory on fee petition preparation time — 44–50 min per call). At 55% untracked: 5 clients × 2 calls × 44 min × 55% = 242 min / 60 = 4.03 hours = $1,210–$2,017/year at $300–$500/hr.

How ClaimHour fits California civil harassment § 527.6 practice

California civil harassment solos billing hourly on CCP § 527.6 prevailing party attorney fees — with TRO advisory calls arriving when clients report harassment incidents and retain counsel (CH case number created at ex parte TRO filing, entirely before the first court date), noticed hearing preparation advisory calls arriving on the court's CH docket calendar (21-day window set by the court, not by counsel), civil and criminal contempt advisory calls arriving when respondents violate TRO conditions on the contempt calendar the attorney does not control, renewal hearing advisory calls arriving on the CH renewal calendar years after the original order, and § 527.6 prevailing party fee petition advisory calls arriving on the post-judgment calendar — and if your § 527.6 lodestar documentation must satisfy the Hensley contemporaneous-record standard from the CH case creation date (the ONLY primary Welch anchor in the fee-petition-mechanics series in a CALIFORNIA SUPERIOR COURT CIVIL HARASSMENT (CH) CASE NUMBER — distinct from Superior Court UD, PT, PACER, and all administrative agency records; the CH case docket sets the TRO hearing calendar and noticed hearing calendar entirely outside petitioner counsel's scheduling control), through all phases of TRO preparation, noticed hearing, contempt proceedings, and renewal hearings, through the § 527.6 prevailing party fee petition, ClaimHour was built for that gap.

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Related questions

Can a California civil harassment restraining order under § 527.6 protect against online harassment and social media stalking?

Yes. CCP § 527.6(b)(2) defines "credible threat of violence" to include threats transmitted "in any manner, including but not limited to, by telephone, mail, or electronic communication" — expressly covering text messages, social media DMs, emails, and posts. A "course of conduct" under § 527.6(b)(1) includes "following or stalking an individual" and "making harassing telephone calls to an individual" as well as electronic harassment through any medium. For online harassment, the petitioner's attorney should document: (1) screenshots of all harassing messages, DMs, and posts with timestamps; (2) URL and metadata of harassing accounts; (3) any platform abuse reports filed (Meta/Instagram abuse report number, Twitter/X abuse report number); (4) domain WHOIS records if harassment involves a website. The CH case number created at the TRO application is the primary Welch anchor for all billing from the initial documentation advisory through the noticed hearing. If the respondent continues online harassment after the TRO issues, each new harassing message or post is a potential contempt violation (Pen. Code § 166(c)(1)) — generating additional advisory calls on the contempt calendar.

How does the § 527.6 civil harassment restraining order differ from a domestic violence restraining order under the DVPA (Fam. Code § 6344) for attorney fee petition purposes?

The two protective order frameworks differ in three ways relevant to attorney fee billing documentation: (1) Jurisdiction and case type: DVPA proceedings (Fam. Code §§ 6200–6409) are filed in the family law division of the Superior Court and assigned a Family Law (FL) or Domestic Violence (DV) case number; § 527.6 civil harassment proceedings are filed in the civil department and assigned a Civil Harassment (CH) case number. These are procedurally separate case types on separate dockets — each is a distinct primary Welch anchor. (2) Protected relationship: DVPA covers individuals in domestic relationships — spouses, former spouses, cohabitants, persons with a child in common, dating relationships, and certain family relationships (Fam. Code § 6211). § 527.6 covers harassment by any person without a domestic relationship — neighbors, co-workers, strangers, acquaintances. If parties have a domestic relationship, the DVPA is the proper vehicle; § 527.6 is for non-domestic harassment. (3) Fee provision: Both statutes provide for prevailing party attorney fees (discretionary "may award" standard). The primary difference for billing purposes is the case type (CH vs. DV/FL) and the applicable judicial department (civil vs. family law), creating two separate primary Welch anchor categories and two separate billing cycles.