Asked in Criminal Law for California

Q: How do I make them give me a restraining order, if the officer didn't give me one, at the time of the incident?

Even after seeing the security footage of me being assaulted with a 3ft pry bar. (My neighbor tried to hit me (3 times) while on the top of a ladder.) She wasn't taken to jail. Nor was I given a temporary restraining order. Even though I asked for one. This person has been harassing, stalking, video and audio recording and even assaulting the people that live around her for many years. She uses her security cameras' to spy on all that are around her. Even has camera's and spotlights aimed at my bedroom window. Posted a notice on my side of the fence admitting to recording a private conversation between my neighbor and myself. That states recorded on such and such date and time then shows what what was illegally recorded, in the privacy of our back yard. Still no charge for invasion of privacy. There are literally 57+ post's on a Facebook groups' page, from people she has done this to. The cop's refuse to do anything.

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2 Lawyer Answers
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: You might want to get a Civil Harassment Restraining Order in place. You can hire an attorney , go to your local legal-aid, or get the forms in a packet from the superior court civil clerk in your county. Judicial Council form CH-100 starts you in the right place. You don't need a lawyer to do this, although it's a good idea. There are also civil lawsuits that could be pursued.

If the neighbor violates the restraining order, it subjects her to criminal prosecution.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: IT WOULD BE A LOT EASIER IF YOU RETAINED A LAWYER.

YOU CAN FILE YOURSELF OR HAVE A LAWYER DO SO.

I WOULD ALSO CONSIDER TALKING TO THE POLICE CHIEF OR HEAD OF THE DA'S OFFICE.

OR MAYBE THE CITY COUNCIL TO PUT PRESSURE ON THEM.

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