Neighbor Filed Restraining Order Agains Us Due to Our Dog

My question involves restraining orders in the State of: California.

Our neighbor has a filed a restraining order against my husband and myself saying out 1 year old Mastiff is vicious and dangerous. Long story short, this is a complete fabrication and untrue. They are claiming this based on their own story with no witnesses. Our property is separated by 6ft high chain link fence, fairly new, with privacy slats. There are no gaps or holes and it is in excellent condition. Our Mastiff-Rosie, barks along the entire fence line if she thinks someone is there etc, like most dogs do. We keep her in our backyard and the house, she has never gotten out of the backyard, she is very gentle and sweet, we have no issues with the neighbor on the other side of our property. I also work at home so hear and see Rosie all day long-no constant barking issues. The restraining order is asking us to build a 2 yard barrier, in our backyard, to keep Rosie away from the fence as they fear great bodily harm. I realize anyone can file a restraining order and that does not make it valid. But what legal precedence is there for asking someone to create a barrier on their own property where you have a legal right to keep a dog? I'm actually baffled how someone could file a restraining order over my property in my backyard? I appreciate any assistance and help with this matter

They filed for an order of personal protection? Are they alleging that the dog has attacked them? If not, exactly what are they alleging?

They FILED an order, but has it been granted? Has a temporary order been granted with a court date pending?

Are they alleging that you have allowed your dog to attack them? Or, are they alleging that the dog has actually done something and you have been indifferent to their complaints? As Mr. K. asked, what ARE they claiming?

When you go to court, you can have your say.

Thank you for responding. Yes, they are saying that our dog knocked them over by ramming the 6ft high chain link fence causing scratches and bruises. There are no witnesses, no police report, etc. and they are alleging that we are indifferent to their complaints. There is a court date and in the restraining order they are alleging our dog is vicious and a threat to them in their backyard. This would be physically impossible if you saw fence and we know they are fabricating the supposed injury as they never notified us, no independent witnesses, again no police were called, no medical reports. I work at home 5 days a week and if no one is home, the dogs are in the house. Our dogs have never left the backyard of our property except on a leash. We have no other issues with any other neighbors. I'm trying to understand how a restraining order can be filed against someone for their dog in their own backyard and the restraining order is asking for us to build a 2 yard perimeter in our backyard from the fence? I can't find any legal references that would support that position?

I believe the appropriate response is to file a complaint of animal cruelty based on their confessed taunting of the dog. In California, it is illegal to taunt a service dog.:cool: Hopefully you can bridge the definition of service dog legally.

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