San Francisco, CA asked in Civil Rights for California

Q: Why won't local law enforcement make an arrest against someone who violates a restraining order?

I have a restraining order against someone that has harrasssed me through unwanted texts and emails for the last few years and when she finally crossed the line of coming to my home and tried to phyiscally fight me I called the sheriff's and they recommended that I file for a restraining order against her asap. So I did. She was served but didn't show up to court so it was granted by the judge and is good for three years which at that time I can file for an extension. It's only been two months and she's sending me annoying text messages again. And I've called the sheriff's three different times now and they tell me that all they can do is make a report with the da and see if the da picks it up and that'll take about a week. The judge granted the order simply off the little info Id provided and wasn't asked for much more detail. Yet I spend an hour or two explaining myself these cops and left feeling as if I'm nothing but a joke to them.

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: It is up to you to take the next step to protect your rights. Local law enforcement may not be of immediate assistance to you, so if there are violations of the restraining orders, you must preserve the evidence and go back to the court with that evidence and ask the judge to hold the other party responsible for the violations of the restraining orders. There are other remedies available to you but you must take your evidence and present another request to have the other party either held in contempt of the restraining orders or ask for greater protection or enhanced restraining orders. If you are threatened with immediate bodily harm, then call the local police and report that.

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