Legal Question in Criminal Law in California

My daughters sister is an adult she calls and threatens me everyday, she calls the police and cps and falsely accuses me of things, i have beatin all the accusations by providing proof but still she continues. I ve called the cops they told me to get a civil harassment restraining order, i tried but i am not able to locate her as i dont have an address. can i press charges on a person who keeps calling and harassing me?


Asked on 11/22/09, 8:08 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Individuals cannot "press charges." Only the District Attorney can initiate a criminal prosecution. When the police take a report, they can forward the information to the DA,who then decides whether to file a criminal complaint.

If you cannot locate the woman, you may be able to serve her with notice of a restraining order by publishing the information in a local newspaper. Contact the clerk of the court to see if this is an option; your court may also have a Family Law Facilitator or other self help service that can help.

Most phone companies also have a service that will block calls from unwanted callers.

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Answered on 11/27/09, 8:30 pm


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