My question involves restraining orders in the State of: rural California
What proof is required to get a Temporary Restraining Order/Protection on a neighbor?
I have a neighbor who has been cited by code enforcement for multiple violations ranging from extensive construction, timber harvesting and excavation without a permit. The identity of the informant is confidential. She has since put black plastic on her fence with no trespassing signs and is attempting to get a "Temporary Restraining Order/Protective" on myself and the only other neighbor bordering her property on the basis that her privacy has been violated and she feels threatened. She suspects we reported her.
My neighbor received a summons but I have not yet do to clerical errors.
I personally have never threatened her, no police involvement. The last time I spoke to her was over the phone months before she was reported and that was about kids toys. I have never talked to her or anyone at her home about this. 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.
I think she has a plan.
Put out the notion that she is being harassed and feels threatened.
Put up no trespassing signs and black plastic on a fence to block view which would bolsters her assertion of feeling violated.
Get a protective restraining order on the parties she thinks reported her.
If successful, she will have effectively restrained the only bordering property owners from reporting or documenting her unpermitted activities under violation of restraining order.
I might add that she has moved 10 to 15 people on to her property while I am a woman living alone and the other neighbor is a retired woman living with her husband.
How likely is it that two older women would pose such a percieved threat to a large group of people at the same time that it would require a TRO/Protective on both on them?
So do they have to present hard evidence or just conjecture?