Legal Question in Criminal Law in California

stocking

Our family was stalked by a neighbor for about 18 months. We got a restraining order and put cameras up. We called the Sheriff's office at least 40 times. He broke the restraining order over and over. He was never arrested. We could not get the Sheriff's department Or the DA to help us! He called my husband and told him you are dead soon. Since he did not give a time and a date then it is not a threat. Is their a stalking law in Ca? Thanks


Asked on 2/07/09, 2:57 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: stocking

Sounds like not just stocking but also serious case of making criminal threats is involved.

If the police and the DA are not paying attention, hire a lawyer to make sure they do.

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Answered on 2/07/09, 3:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: stocking

There is. Violating a restraining order is a crime even if the violation would not otherwise have been criminal. But even if the authorities won't enforce the law you have other options.

Tell the court that issued the restraining order about the violations. If you can prove that they occurred, the court may hold your neighbor in contempt. He could then be jailed and/or fined.

And as Mr. Lentz suggests, having a lawyer talk to your local authorities may get them to act.

Good luck.

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Answered on 2/07/09, 5:17 pm


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