Legal Question in Civil Rights Law in California
My roommates and I were being harrased by someone. We went down to the court house and filed for restraing orders. My roommate all received one, and they denied me one. Now they want me to serve the guy with the court date, which will let him know that I tried to get one and it was denied. Is there any legal action I could take? The courts have put me in even greater danger. I would like to sue. I'm more stressed and emotionally hurt now then I was before I tried to get the order.
1 Answer from Attorneys
If you want to get a restraining order against someone, you have to serve them with notice of the court date. The other person has a right to know about the case, and to respond at a hearing.
Sometimes a judge will issue a temporary restraining order, but those are only valid until the court date. If the other person hasn't been served, the judge can give the person seeking the order another chance to serve them, or the judge can just dismiss the case.
The courts are not responsible for your emotional distress. They only told you that you have to comply with the law. Before you proceed with anything else, I would strongly encourage you to review the self-help information about restraining orders on the official California Courts website.
http://www.courtinfo.ca.gov/selfhelp/protection/
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