Legal Question in Civil Litigation in California

Re: Civil Harrassment Order Against Police Officer & Family

It's unfortunate that people can't choose their neighbors. This is a sticky issue as you realized. Perhaps talking to the district attorney's office would be appropriate, as well as the county sheriff's department. Certainly, you do not want to escalate the problem but at the same time you want peace. If the police officer is renting, then you can approach his landlord. But if he's an owner, that's more of a problem. Have you tried to videotape his shenanigans? Just a thought.

Re: Civil Harrassment Order Against Police Officer & Family

I agree with attorney Cohen that setting up a video system could be a good solution as far as collecting evidence. Modern video cameras can be tiny, inexpensive and/or wireless and specialized VCRs can tape several cameras for several days. I would visit the nearest Fry's Electronics or equivalent.

Re: Civil Harrassment Order Against Police Officer & Family

First: I can appreciate the grief that you have experienced. I have sat as a judge many times and heard a great many restraining order cases.

Second: Once you would have a restraining order issued [even if a harassment based order under 527.6 Code of Civil Procedure] you could do your own enforcement--call the police and they come out and if they won't arrest for a violation, you can then make a citizens arrest for violation of a court order as a violation of Penal Code Section 166. It is a misdemeanor for the police not to follow up with your citizens arrest!

To get a harassment order issued, the Court requires a great deal of proof that you were in reasonable fear of danger or injury, and or suffered humiliation and or great emotional distress THAT WOULD BE EXPECTED in view of the harassment, that the harassment is two or more acts in furtherance of their intention to cause you harm, that the conduct cannot be protected (such as 1st amendment protected speech) that there has to be "clear and convincing" proof of the ongoing harassment. This is almost the same standard as in a criminal court for "beyond a reaonsable doubt" but not quite.

When yo go to the mailbox, bring a camera and or tape recorder. Videotape them. Call the police every day if necessary. But better, write letters to the Captain filled WITH FACTS not just feelings.

Lastly, do not make the mistake of arguing the other side's arguments. The police department will have to do its job once a restraining order is issued and violated.

Remember it is always better if you have a witness of any violation then it is not a "he said she said situation." A witness can be tape or image or live person!

Regards,

Mark Geyer