Legal Question in Civil Litigation in California

Applying for a restraining order on a MINOR, phone, internet, and mischief haras

I Need to file a restraining order, but i am not sure if what the offender has been doing is sufficient. We are both minors, teenagers. Since 1997 he has done a number of things: posting my phone number on the internet making insulting websites containing information about me prank called my house, myself and my parents dozens of times per day. i would change my number and he would do anything he could until he got the new one. written my phone number and name in bathrooms with "sexual offers" now that i am not in the same school with him, i have not seen him in more than a year. but he still does SOME things: called someone from my school whom he doesnt know to tell them i had a knife and was going to kill them at school. i was brought out of class for a few hours with heavy questioning, and they had to call campus police. makes up new screen names often to instant message me on the internet. he often sends vulgar hateful violent messages to me. Can with these claims and a few witnesses (a few people who were involved including a mutual friend who knows what he does, and the person he called to tell about the "knife"), can i with the custodianism of my parents file a successful restraining order on him?


Asked on 8/24/00, 11:01 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: Applying for a restraining order on a MINOR, phone, internet, and mischief h

Have you contacted the police and filed a report on this guy? Having a restraining order granted is a lot easier with a police report, but if you don't have a police report that doesn't mean you can't get a restraining order. Anyone can get a restraining order with the proper grounds. If he is harassing you and you have witnesses than a judge will probably grant your request. You have to pay a $200 filing fee to get a restraining order. The papers aren't hard to complete and file. Go down to the local court house and tell the clerk you want to file a restraining order. The clerk should give you the papers you need and the papers should come with an explanation of how to file and recieve a restraining order. Good luck.

Sincerely,

John Hayes, Esq.

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Answered on 9/30/00, 6:07 pm
Jeffrey Zinder Zinder & Koch

Re: Applying for a restraining order on a MINOR, phone, internet, and mischief h

You can and should do a great deal more. I have actually handled a very similar case and feel that you have an excellent claim for emotional distress damages as well as an injunction. The conduct may also meet the criteria for stalking and may involve a crime. You and your parents should contact a lawyer immediately. If you are in the greater Los Angeles County area give me a call at 818-760-0100 ext. 101.

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Answered on 10/02/00, 9:48 am


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