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  1. #1
    Join Date
    Dec 2010
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    1

    Default Restraining Order Being Used As a Tool of Harassment

    My question involves restraining orders in the State of: CA

    Hi forum, our neighbors took out a restraining order against us on fradulent grounds while we were planning to take one out on them for their continued harassment. The judge sided with them because they filed first and now they've been endlessly tormenting us. The cops refuse to do anything about their trespassing, vandalism and constant filming the windows of our house / my bedroom and tell us to take it to court, whereas the courts simply tell us to just let the police handle it. What can we possibly do to defend ourselves?

    As it stands, they can come onto our property whenever they feel like it and have vandalized some of our property, but there's absolutely nothing we can do to stop them without violating the restraining order. We don't feel safe here anymore.

    If you need any further details about the case to help us, please ask. We're at the end of our rope and honestly don't know what to do anymore and just want these people to leave us alone, it doesn't seem as if the cops or the courts are willing to help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Restraining Order Being Used As a Tool of Harassment

    is the RO a mutual order? Does it demand the neighbors to not interact with you as well as you are ordered to refrain from contacting or harassing them? They often include such directives.

    As it stands, they can come onto our property whenever they feel like it and have vandalized some of our property, but there's absolutely nothing we can do to stop them without violating the restraining order.
    BS. They are trespassing. I suggest a security camera.

    I would try to file for another order due to the continued harassment by the neighbor.


    I have often thought of taking up growing topiary to let my neighbor know what I though of them


  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Restraining Order Being Used As a Tool of Harassment

    Quote Quoting LilLady
    View Post
    Hi forum, our neighbors took out a restraining order against us on fradulent grounds while we were planning to take one out on them for their continued harassment. The judge sided with them because they filed first and now they've been endlessly tormenting us. The cops refuse to do anything about their trespassing, vandalism and constant filming the windows of our house / my bedroom and tell us to take it to court, whereas the courts simply tell us to just let the police handle it. What can we possibly do to defend ourselves?
    Do you have proof of their trespassing? What is it they are doing?

    Understand that merely walking on a corner of the front lawn is not generally sufficient (by itself) to constitute trespassing. Where are they going, what are they doing, and what proof do you have of the activity?

    Likewise with the vandalism. Suspecting them is not the same as proving they did it. What you - and even the police - might believe or even KNOW is not always sufficient for a conviction in court. Most prosecutors will not file unless the evidence handed to them constitutes proof beyond a reasonable doubt.

    About all you can do at this point is call the police when you are the victim of a crime or when they are actively harassing you in some way. Note that aiming cameras at your home from theirs is NOT a crime in CA.

    Eventually the police will get tired of responding and they will seek to resolve the matter in some way ... though it might not be in the way you'd like. Also understand that CA law requires the police to accept your private person's (citizen's) arrest should you demand it. So, if you see someone enter your property that has been properly posted and they refuse to leave when you tell them to, you can demand that they be arrested and the police would be required to accept that arrest. The arrest can then be disposed of by either a citation (for misdemeanors or infractions) or a custodial arrest and booking (for felonies and misdemeanors). If the officer believes that there exists no probable cause to support the arrest, they can then release the person pursuant to PC 849(b) but they would still have to file the report.

    If I were you I would set up my own cameras to record their activity and catch them in the act. A picture is worth a thousand words, as they say.

    Quote Quoting jk
    View Post
    is the RO a mutual order? Does it demand the neighbors to not interact with you as well as you are ordered to refrain from contacting or harassing them? They often include such directives.
    In CA mutual orders are rarely issued. I have yet to ever see one, but I understand they can be issued. I HAVE seen situations where two orders have been issued, however - one restraining each party. This is rare, but is possible.

    BS. They are trespassing. I suggest a security camera.
    That depends on what they are doing. Merely setting foot in the front yard is not likely to constitute trespassing. I would have to hear what is actually happening to make that determination. Trespassing is a greatly misunderstood section under CA law by many in the general public.

    I have often thought of taking up growing topiary to let my neighbor know what I though of them

    Love it!

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Restraining Order Being Used As a Tool of Harassment

    That depends on what they are doing. Merely setting foot in the front yard is not likely to constitute trespassing. I would have to hear what is actually happening to make that determination. Trespassing is a greatly misunderstood section under CA law by many in the general public.
    Yes, I am assuming some act great enough to be considered as trespassing and the OP has knowledge it was actually the neighbor and not a presumption. I like your explanation.

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