Legal Question in Civil Litigation in California
Broken Restraining Order
A lady and her daughter are stalking and harassing my two daughters. I got a temporary restraining order against the mother. Withing a few days she broke this order, the police were notified. But since her husband is a cheif in the local fire dept. The police were hesitant on doing anything. The lady proceded the next day to get a restraining order filed against my two kids. This lady and daughter have vandilized my house and cars, they follow my kids and try to run them off the roads when they are driving, they sit on my block and watch when we come and go. My court date is in 15 days what can I do about this.
1 Answer from Attorneys
Re: Broken Restraining Order
In the short term, you need to press the police harder or speak with a supervisor. Make them do their job. Keep going up the chain of command until you get somebody who isn't "hesitant". You might even try go to your local city council and/or local prosecutors office.
In the long run, you might also need to file an action for damages to recover for the emotional distress and property damage.
If all else fails, you can prosecute them privately for violating the restraining order. It doesn't happen often, but I have oen it twice, so feel free to call me for a consultation.
And finally, make sure you appear at all court hearings, whether you are defending against a restraining order or obtaininng your permanent injunction.