Legal Question in Criminal Law in California

File a criminal harassment complaint what forms will I need and the step I should take?


Asked on 5/18/11, 10:32 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Since you are not the district attorney, you can't file a criminal complaint. You can file a civil complaint for harassment. Have it done right and use an attorney. You can also look at the self-help website at courts.ca.gov .

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Answered on 5/18/11, 11:09 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

I'm not sure what exactly you mean from your question so, here's some general information.

If you believe you are the victim of a crime you should file a police report and the report will be forwarded to the District Attorney's Office. Only the government can file criminal complaints against people, meaning they have to come to court and defend against criminal charges.

If you have no familial or past/current romantic relationship with the person and you are seeking a Restraining Order against that person you would file a Civil Harrassment Request for a Restraining Order. If you have a familial or current/past romantic relationship with the person you would a file a Domestic Violence Request for a Restraining Order in the Family Law Court. Most courts have a self-help office in the courthouse to help you file the Restraining Order request forms.

Good luck,

Elena Condes

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Answered on 5/19/11, 12:00 pm


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