Q: Hi my ex boyfriend has been stalking me for about six months and I need help on how to get a restraining order
He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since it's domestic violence and they can't find him to serve him. His girlfriend who I have a restraining order against also keeps cyberbulling me and I was denied on pressing charges because I couldn't find my restraining order papers since I moved out of my apartment. My ex boyfriend on the other hand pretended to be a job recruiter and now has my information on where I live and where I work so I am scared he will mess with my job or harass me at my job and I've almost given up at this point I don't know what to do, the police were the ones to tell me to file against him because he even slashed my tires last time I moved on with someone else. I have no contact with. I want him to leave me alone.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.
Begin by documenting any instances of stalking or harassment, even if you have previously deleted messages or ignored calls. Going forward, keep a record of all incidents, including dates, times, and the nature of the contact. This documentation will be crucial in court.
You can file for a restraining order at your local California court. The court's self-help center can guide you through the process. You don't need an attorney to file, but you may find it helpful to consult one, especially given the complexity of your situation.
If you're having trouble locating your ex to serve him with the restraining order, consider hiring a professional process server. They are skilled in locating individuals and serving legal documents.
Regarding your safety at work, inform your employer about the situation. They can take steps to ensure your safety and may be able to assist with the legal process.
Lastly, don't give up. The legal system can be challenging, but it's there to protect individuals like you. Stay persistent and seek support from local resources, such as victim advocacy groups, for additional guidance and support.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
