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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Restraining Order on Neighbor's Son

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

    I broke up an altercation between my 55 year old female neighbor in the apartment building where I live at her unit (knocked on door) and her 22 year old son who then repeatedly threatened to kill me. Mom instructed him to flee before the police arrived and he did.

    He's a non-resident and she was given a 3 day notice to perform (she's the only one on the lease, so he couldn't reside there any longer) and hours later, 2k in damages to my truck, no witnesses.

    I got a TRO but the 22 y.o. evaded service and his mother helped. After 5 attempts, the deputy called and said so and his documentation showed "Party appears to be evading service."

    I did more research and discovered he's got 3 convictions and is on parole for GTA and was arrested at his mother's apartment 3 months earlier for battery. They'd been evicted from their previous residence and ordered to pay 15k in damages.

    I contacted parole for an address to serve him, but they refused (privacy issues). They asked why I wanted him so I gave them the TRO and they called him in as the threats were a parole violation. He blew off the meeting so CRASH picked him up and I had him served in jail where he still is.

    The TRO stated he was allowed to visit his mother though he had to stay away from me/my vehicles. This guy is clearly unstable and allowing him to be in my building is like giving a kid keys to the candy shop.

    Is there any caselaw/precedent I can cite that will influence the judge to not allow the offender access to my building (visitation w/mother) for any reason, that any visitation should take place elswhere where tenants aren't put at risk.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Restraining Order on Neighbor's Son

    Case law that compels it? If only it were that simple.

    Make your case to the judge as best as you can.

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