Legal Question in Criminal Law in California
I recently was a victims of harassment from a woman claiming shes pregnaunt from me. She snuck into my apt for the second time, wrote crude slurs on the wall, damaged my door, broke private property, set off the fire alarm and sprayed the fire extinguisher all down the hall. Police are taking no actions against the perpetrator and despite the fact I didn't witness her do it me and other in t he apt complex know it's her. What do I do to ensure I am safe in my home and she gets punished for her actions. I fear at anytime she can do just what she did again or act violent. Any insight would be appreciated including the parental disburse. Feel free to email me back at [email protected] thank you
2 Answers from Attorneys
You can set up a camera to video the next time she breaks into you house. If you show the video to the police they should act upon it. Another thing you can try to do is get a civil restraining order but you will need fairly good proof that she is the one who broke into your house. A third thing you can do is sue the woman in a civil action. The standard of proof in a civil action is much less that in a criminal action. You can do this in small claims court without an attorney.
If no one 'saw' her, you have no proof, unless she left some evidence you can trace to her. That is why police won't act. Without proof, you have no valid grounds to sue her either. You can try to obtain a restraining order, if you can convince a judge she is a threat or risk to your safety and peace. Emails or recorded voice mail threats would do the job for you.
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