Legal Question in Criminal Law in California

Restraining order: moving two blocks away from the restrained person- is this a

Briefly, here is the story. My boyfriend has a restraining order filed against him by his adult neice (23Yrs old) who along with his sister and his brother-in-law (her parents) have always had some sort of grievence against him and more to the point, want to be the sole heirs to his and his sisters parent estate. The parents are quite wealthy. They continually bait him in order to have him violate this order. The latest thing is that the neice and her husband, neither of whom have a job, are now going to move only two blocks away from him as the grandparents will let them live there rent free. All of these people continually are in contact with my boyfriend teen age children telling them that he will need to move away then.

My question then is this, if a person gets a restraining order against someone else as supposedly they are so frightened of them and have been so harassed in the past, isn't it a little strange that they would then choose to move only two blocks away from the ''stalker''? They constantly tell his children then that he can't drive by etc.. when actually he must in order to leave the neighborhood. Isn't that a form of harrassment? They have made false reports to the police about him also.


Asked on 9/10/04, 4:50 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Restraining order: moving two blocks away from the restrained person- is th

Thank you for your inquiry. You may be the subject of harassment, but as the restrained party, your boyfriend is the one that needs to be careful, not the other persons. Your only other options are to file a separate restraining order, if you meet the judge's requirements for harassment under the law, move, or if the harassment has risen to the level of a crime, call the police.

A false police report, to the extent that it's proven false, can also be a crime.

I hope this helps, but feel free to email anytime if you have further questions, at [email protected].

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Answered on 9/11/04, 4:00 am


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