Los Angeles, CA asked in Civil Litigation and Constitutional Law for California

Q: filed restraining order against my neighbor twice. Both times denied have proof of harassment. What should I do?

I filed a restraining order against her. Out of retaliation she files one, lied with no proof and the judge granted hers. I have proof of harassment the judge still denied my petition for a temporary restraining order until my court date. She is getting evicted I need protection for when she moves.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if your request for a restraining order has been denied twice despite having proof of harassment, you might need to reconsider how the evidence is presented. It's important that the evidence clearly demonstrates a pattern of harassment or threats to your safety. Documentation, such as messages, videos, or witness statements, should be organized and presented in a way that clearly supports your claim.

Since your neighbor's restraining order against you was granted, it's essential to understand the basis on which it was granted and address any specific issues that might have influenced the judge's decision. You should also strictly adhere to the terms of the restraining order granted against you to avoid any legal complications.

Given the complexity of your situation, especially with the impending eviction of your neighbor, it might be beneficial to seek legal guidance. An attorney with experience in restraining orders and neighbor disputes can provide personalized advice and assist in preparing a strong case for your next court appearance.

It's also important to prioritize your safety. If you feel threatened or in danger, contacting local law enforcement is crucial. They can provide immediate assistance and their reports can also serve as additional evidence for your case. Remember, your safety and well-being should always be the top priority.

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