If you're being harassed in California, knowing how to file a harassment claim in California is only half the battle — you also need to know which system to use. California has two completely separate legal pathways for harassment, and which one applies depends entirely on your situation. Using the wrong one wastes time. Missing a deadline in either can permanently close your options.
This guide covers both routes from start to finish: workplace harassment claims under FEHA through the California Civil Rights Department (CRD, formerly DFEH), and civil harassment restraining orders under CCP §527.6 in Superior Court. We'll walk through who qualifies, how each process works, what evidence you need, and the deadlines you cannot afford to miss.
The Two Types of Harassment Claims in California
California law treats workplace harassment and civil harassment very differently:
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Workplace harassment is governed by the Fair Employment and Housing Act (FEHA), enforced by the California Civil Rights Department (CRD). If your harasser is your employer, a supervisor, coworker, or someone connected to your employment, this is your route — but you must go through the CRD first before you can sue in court.
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Civil harassment under CCP §527.6 covers harassment by people outside of a traditional employment relationship — a neighbor, an acquaintance, a landlord, someone you dated casually, or a stranger. This goes directly to Superior Court, where you can request a Temporary Restraining Order the same day you file.
Knowing which category your situation falls into is the first — and most important — decision you'll make.
How to File a Workplace Harassment Claim in California (FEHA / DFEH/CRD Route)
What Qualifies as Workplace Harassment Under FEHA
FEHA prohibits harassment in the workplace based on protected characteristics, including:
- Sex, gender, gender identity, or gender expression
- Race, color, or national origin
- Disability (physical or mental)
- Religion
- Age (40 and over)
- Sexual orientation
- Pregnancy or medical condition
- Marital status
The harassment must be severe or pervasive enough to create a hostile, intimidating, or abusive work environment — a single offensive joke typically doesn't qualify, but a pattern of conduct, repeated comments, unwanted touching, or a single extremely serious incident (such as assault) does.
FEHA covers employers with 5 or more employees for most claims. Sexual harassment claims apply to all employers regardless of size.
Who Can File
Any employee, job applicant, intern, volunteer, or independent contractor who experienced workplace harassment based on a protected characteristic can file a FEHA complaint.
DFEH/CRD Complaint Process: Step by Step
Step 1 — Document everything first. Before you file, gather your evidence: dates, times, locations, what was said or done, any witnesses, and any prior reports you made to HR or management. The more specific, the stronger your complaint.
Step 2 — File a complaint with the California Civil Rights Department (CRD). You can file online at calcivilrights.ca.gov, by phone at 1-800-884-1684, or in person at a CRD regional office. Filing is free. You'll provide your employer's information, describe the protected category involved, and describe the harassing conduct.
Step 3 — The CRD acknowledges your complaint. You'll receive a case number and information about the next steps in the process.
Step 4 — CRD investigation or mediation. The CRD may investigate your complaint, offer voluntary mediation between you and your employer, or determine that there is or isn't cause to proceed. This process can take months.
Step 5 — Request a right-to-sue letter. At any point — including immediately upon filing — you can request a right-to-sue letter from the CRD. This gives you the authority to file a civil lawsuit in Superior Court without waiting for the CRD's investigation to conclude. Once you receive it, you have 1 year to file your civil lawsuit.
For a deeper walkthrough of the CRD complaint process, see our guide: How to File a DFEH/CRD Complaint in California.
How to File a Civil Harassment Claim in California (CCP §527.6 Route)
What Qualifies as Civil Harassment
Civil harassment under CCP §527.6 covers harassment by someone who is not in a close personal relationship with you (domestic violence restraining orders cover those situations) and not your employer in a traditional workplace context. This includes:
- Neighbors, landlords, or former friends
- Acquaintances or people you dated casually
- Coworkers harassing you outside of the employment relationship
- Strangers
To qualify, the conduct must involve:
- Unlawful violence (assault, battery, stalking), OR
- Credible threats of violence, OR
- A knowing and willful course of conduct directed at you that seriously alarms, annoys, or harasses you without legitimate purpose — and that would cause a reasonable person substantial emotional distress
A single incident of violence or a serious credible threat can qualify. Repeated harassment (repeated unwanted contact, showing up at your home or work, threats, intimidating messages) also qualifies when it constitutes a course of conduct.
TRO vs. Permanent Restraining Order
A Temporary Restraining Order (TRO) can be issued the same day you file your petition, based solely on your declaration. The respondent does not appear or have notice at this stage. A TRO is temporary — it remains in effect until your hearing date.
A permanent restraining order (actually called a "restraining order after hearing") is issued following a full court hearing where both you and the respondent can present evidence. If granted, it can last up to 5 years and is renewable. Violations are criminal offenses under Penal Code §273.6.
Filing in Superior Court: Step by Step
Step 1 — Complete Form CH-100 (Request for Civil Harassment Restraining Orders). Download from California Courts: courts.ca.gov. You'll also need CH-109 (Notice of Court Hearing) and CH-110 (Restraining Order After Hearing) for the full packet.
Step 2 — Write your declaration. Your CH-100 includes space for your declaration — a factual, chronological account of the harassment. Be specific: dates, what was said or done, how it affected you. Avoid emotional language and stick to facts.
Step 3 — File at the Superior Court clerk's office in the county where you live or where the harassment occurred. Filing fees apply (typically $435–$450), but fee waivers (FW-001) are available if you qualify based on income.
Step 4 — Judge reviews your TRO request. The judge reviews your petition the same day (usually within a few hours). If granted, you'll receive a TRO and a hearing date — typically 15–21 days out.
Step 5 — Serve the respondent. The respondent must be personally served with the TRO and notice of hearing before the hearing. Service must be done by someone other than you who is 18 or older. Keep the Proof of Service (CH-200) — you'll need it at the hearing.
Step 6 — Attend the hearing. Both parties appear before a judge. Bring your evidence, your declaration, and any witnesses. If the respondent doesn't appear after being properly served, the court will likely grant your order by default.
For more on civil rights document support, see: Civil Rights Complaint Support — California
Need help with the paperwork for either route? Bigfirmlit's Harassment Claim Packet — California Edition ($159) prepares your DFEH/CRD complaint documents, civil harassment restraining order forms, supporting declaration, and evidence checklist — professionally, at a flat fee. Get your packet →
Bigfirmlit is a California-registered Legal Document Assistant service, not a law firm. We do not provide legal advice or representation.
What Evidence to Collect and How to Organize It
Strong documentation is the difference between a compelling case and one that gets dismissed. Whether you're filing with the CRD or in Superior Court, you want:
Incident log — A running, dated record of every incident. For each entry: date, time, location, exactly what was said or done, who was present, and how it affected you. Create this log as close to each incident as possible while details are fresh.
Written evidence — Screenshots of texts, emails, DMs, voicemails, social media posts. Export or screenshot with the timestamp visible. Don't just save to a cloud folder — print or export to PDF in case accounts are deleted.
Witness information — Names and contact information of anyone who witnessed the harassment or to whom you disclosed it at the time it happened (contemporaneous disclosure is valuable).
Prior complaints — Copies of any HR complaints, police reports, or other formal reports you made. Even if nothing came of them, they show a pattern and that you tried to address the conduct.
Impact documentation — Medical or counseling records, if the harassment caused physical or emotional harm. Employer documentation (missed work, medical leave).
For guidance on organizing records for government agency complaints, see: California Landlord Entry Rules and Evidence (applies broadly to documentation strategies).
Deadlines You Cannot Miss
FEHA / Workplace Harassment
- 1-year statute of limitations to file with the CRD. The clock starts from the last act of harassment — not the first. If the harassment is ongoing, the clock resets with each new incident.
- DFEH complaint before civil suit — this step is mandatory. You cannot skip it. Courts will dismiss a FEHA lawsuit filed without first exhausting this administrative remedy.
- 1 year from your right-to-sue letter to file in civil court. This deadline is hard. Once it passes, your FEHA claim is barred.
Civil Harassment (CCP §527.6)
- No fixed statute of limitations for filing the petition, but courts weigh whether the harassment is current and ongoing. Stale conduct weakens your case.
- Once a TRO is issued, the hearing is set within 15–21 days. You must serve the respondent before that hearing or request a continuance (additional time).
- A permanent restraining order lasts up to 5 years and must be renewed before it expires if you still need protection.
Common Mistakes That Sink Harassment Claims
1. Missing the FEHA 1-year deadline. This is the most common — and most irreversible — mistake. If you wait more than a year from the last act of harassment to file with the CRD, your claim may be gone entirely. Don't wait.
2. Not filing with the DFEH/CRD before suing. Filing a civil FEHA lawsuit without first exhausting the CRD administrative process is procedurally fatal. Courts will dismiss it.
3. Filing in the wrong system. Submitting a civil harassment petition to the CRD, or trying to file a FEHA complaint directly in court, causes delays and may waste your window. Know which route applies before you file.
4. A vague or conclusory declaration. "He harassed me constantly" is not a declaration — it's a conclusion. Judges need specific facts: dates, what was said, what happened, in what order. Weak declarations result in denied TRO requests and lost hearings.
5. Failing to serve the respondent properly. A TRO means nothing if the respondent isn't properly served before the hearing. The service must be by a qualified adult (not you), and you need the proof of service form completed.
6. Not preserving evidence. Evidence disappears — texts get deleted, accounts get deactivated, witnesses move. Document and save everything as soon as possible.
7. Assuming HR will handle it. HR works for the employer, not for you. Filing an HR complaint does not satisfy the CRD requirement and does not stop the statute of limitations from running.
FAQ
Do I need a lawyer to file a harassment claim in California?
No. Both the CRD complaint process and the civil harassment restraining order process are accessible to self-represented individuals (in pro per). The CRD complaint is free to file and can be done online. Superior Court forms are available at courts.ca.gov. That said, having your documents professionally prepared — especially your declaration and complaint narrative — significantly improves your result. Legal Document Assistants like Bigfirmlit can prepare your documents at a flat fee without the cost of an attorney.
Can I file both a DFEH/CRD complaint and a civil harassment restraining order at the same time?
In some circumstances, yes — for example, if a coworker's conduct involves both workplace harassment and conduct outside the workplace (threats, following you home, etc.). The two processes are independent and can run concurrently. If you're in this situation, document both contexts carefully. Your DFEH complaint covers the workplace conduct; your CH-100 petition covers the conduct outside of it.
What happens after I get a right-to-sue letter?
A right-to-sue letter from the CRD authorizes you to file a civil lawsuit against your employer for FEHA violations. You have 1 year from the date of the letter to file in Superior Court. The letter does not mean your case is strong or that you will win — it simply opens the courthouse door. At that stage, many people choose to consult an employment attorney, who often works on contingency in strong FEHA cases.
Get Help With Your Harassment Claim Documents
How to file a harassment claim in California is complicated by the fact that there are two completely separate systems — and both have procedural requirements, deadline traps, and document standards that determine whether your claim survives.
Bigfirmlit's Harassment Claim Packet — California Edition gives you professionally prepared documents for both routes — DFEH/CRD complaint formatting, civil harassment restraining order documents, supporting declaration structure, evidence organization checklist, and full procedural guidance — for a flat fee of $159.
Get the Harassment Claim Packet — $159 →
Bigfirmlit is a legal document preparation service, not a law firm. We do not provide legal advice or representation. We prepare documents at the direction of our clients under California Business and Professions Code §6400 et seq. Nothing in this post constitutes legal advice. Deadlines and procedural rules can change — verify current requirements before filing.