Re: What Proof Do You Need to Get a Restraining Order or Protective Order on a Neighb
A sufficient amount of proof to convince a court that the actions of the party to be restrained put the party to be protected at risk of damage to their property or person.
Why are you receiving a summons? Have you been accused of a crime?
My neighbor received a summons but I have not yet do to clerical errors.
Do you mean that you are awaiting a subpoena? To go to court regarding the Civil Harassment Order/TRO?
The initial temporary order is easier to obtain than the more permanent order after hearing. If what you say is true, I cannot imagine the judge would grant such an order. The plaintiff will have to present some sort of proof that your actions put the proeprty or persons on the property at risk.
I do walk along our property boundary from time to time but I don't think that you can get a restraining order just because you don't want a neighbor to walk along the property or look at your house. It concerns me that a judge may easily give out a TRO based on someone's "feeling" that their privacy has been violated.
It does not have to be "hard" evidence, but the plaintiff has to prove the case all the same.
So do they have to present hard evidence or just conjecture?
A Nor Cal Police Sergeant
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