Huntington Beach, CA asked in Arbitration / Mediation Law for California

Q: Hello I have a question about a civil harassment/restraining order

Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how much he can get away with. Will a judge accept a restraining order petition now?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Arbitration & Mediation Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to harass or threaten you, you may be able to file for a restraining order.

It's important to document any violations of the mediation agreement or any further incidents of harassment or threatening behavior from your neighbor. You may want to gather evidence such as emails, text messages, or voicemails that show your neighbor's behavior.

You can file for a restraining order at your local courthouse. It's recommended that you speak with an attorney or a legal aid organization to help you with the process.

If the judge determines that your neighbor's behavior constitutes harassment or threats, they may issue a restraining order to protect you. The restraining order can include provisions such as staying a certain distance away from you, refraining from contacting you, and not coming near your home or workplace.

I hope this information helps, and I wish you the best of luck in resolving your situation.

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