Legal Question in Criminal Law in California

Re: Assault & Battery with intent of manslaughter

Unfortunately, the district attorney has the sole discretion on whether to pursue a prosecution or not. In this case hopefully he or she will. If you neighbor continues to harrass you call the police without hesitation especially if they are harrassing your children. There are civil remedies for harrassment as well. Contact a civil lawyer in your area for help.

Re: Assault & Battery with intent of manslaughter

The district attorney decides whether or not to file charges. There is no way to force the DA to file. If the DA won't help you, you may want to consider seeking an injunction to prohibit your neighbor's harassment. You can obtain forms for this procedure from a court clerk. The court will review your papers and decide whether to issue a temporary restraining order right away. After a hearing the court may grant a permanent injunction which is not really permanent but it is good for three years. If your neighbor violates the order, you can then ask the district attorney to file a case for ciminal contempt. Even if the DA refuses to prosecute, you could still go to the court yourself and ask the court to hold the neighbor in contempt. If found in contempt on your application, the neighbor could face five days for each violation and a fine. If the district attorney prosecutes, the maximum punishment is 6 months in the county jail for each violation. Most of the time, the parties in harassment cases are not represented by counsel. Nevertheless, it wouldn't be a bad idea to consult with a lawyer before you file.