Legal Question in Criminal Law in California

Keeping Harassing People out of a Building

I'm trying to figure out how to exclude an individual from a student housing cooperative. The building isn't affiliated with any University, but members are required to be students. If someone engages in violent or harassing behavior they're kicked out, but that does not solve the problem that occurs when the person comes back to the buildng, or even more confusing, if they come back to visit another resident. Restraing orders are out because only individuals can get them (not organizations). As near as I can tell, Unversites that have this problem must send some kind of ''no trespassing'' letter to the person, and then arrest him for trespassng if he shows up. Does the police dept also get a copy of the letter? Or do you have to get a permanent injuncton aganst the person -- or can you somehow use the Californa workplace harassment restraning order (the building is primarily a residence, but students have work shifts and there are some full time employees, as well).

-- Confused


Asked on 9/22/06, 8:22 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Keeping Harassing People out of a Building

There is a statutory provision for employers to obtain a restraining order to protect employess. Either this code section or one near it should apply to you situation. It would seem unlikely that the court not wriggle around to figure a way to apply this code section to you.

See CCP �527.8. Temporary Restraining Orders Prohibiting Violence Against Employees in the Workplace

(a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an injunction on behalf of the employee prohibiting further unlawful violence or threats of violence by that individual.

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Answered on 10/06/06, 11:50 am


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