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  1. #1

    Default Can You Get a Restraining Order Without Any Actual Threats Being Made

    My question involves restraining orders in the State of: California

    My brother and I have never gotten along. In the past, he has assaulted me, harassed me, destroyed my property, thrown drinks in my face while calling me anti-gay epithets (I am indeed gay), etc. I never filed any reports or charges with the police.

    A few years ago, my uncles put a downpayment on a house for him under the condition that he cover the mortgage. The deed was kept in my uncles' names, but it was understood that my brother would ultimately inherit the house. When one of my uncles passed away, the deed went entirely under my other uncle's name, and my brother got upset that they did not take the opportunity to put his name also on the deed.

    My brother has since abandoned the house and moved in with a friend. The house has been empty and my friend inquired about renting it, so I sent my brother a polite email asking what the status of the house is. I told him that the family preferred he simply move back into the house, regardless of how much money he contributed to the mortgage. But that if he was positively not going to return to the house, I said that I felt they should proceed in renting it. I asked him what his thoughts were.

    Due to this polite email, my brother threw a huge raging tantrum at the other members of the family, who subsequently blamed me for "ruffling his feathers." Apparently, my brother does not want to move back into the house but doesn't want it to be rented out either. It makes absolutely no sense.

    I live in a separate house owned by my dad and uncle (inherited after my grandfather passed) along with said uncle. I was awoken at midnight by my dad and uncle barging into my bedroom and berating me, screaming at me, and cursing me for upsetting my brother.

    My brother owns firearms. My mom found a gun under his sofa when she was cleaning his house as a favor to him (when he was still living there). There was also a large safe in one of his closets that contained Lord knows what.

    I am currently writing a memoir that I initially kept a secret from my family, but ultimately told my dad about, who in turn told my brother and expressed concern about what I might divulge, even asking if he could sue me for writing about him.

    I believe my brother does have a record. He has been in many fights. He was charged with assault for beating up someone and had to go to court for it. He has an extremely violent and abusive history. He also was caught stealing once.

    Although he has not directly threatened me, I am genuinely fearful for my safety and have considered buying a gun myself.

    I am wondering if there are any options for my situation in terms of getting some sort of restraining order from my brother. He does have a key to the house I currently reside in and has shown up unannounced and caused arguments. Tonight I slept with my bedroom doors closed and locked as well as my windows (which I usually leave open at night) closed and locked. In the past, I have asked my brother to hand over the key to the house that I currently live in (neither of us own it) but he simply ignored my request.

    Given my brother's violent history (to the extent that he was sent to a reform school during High School for 1.5 years), explosive personality, ownership of weapons (I have no idea if he legally owns them or not), and seething hatred of me, I genuinely am fearful of him and would like to take some measure of protecting myself.

    I know this is not a clear-cut case, but is there anything I can do for my situation?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can You Get a Restraining Order Without Any Actual Threats Being Made

    I doubt that you will be able to obtain a CHO based on what you have explained here. A court in CA will not issue a CHO based upon what you believe he might have done or might do. You will need some articulation of what HAS been done.

    For more info ...

    http://www.courts.ca.gov/1044.htm

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