Legal Question in Civil Litigation in California

Re: Harassment

First of all, contact your local police department and file a harassment complaint. Next, take that complaint to the court and file for a TRO and civil harassment suit.

Using the mail for this purpose is a federal crime and the police will deal with this person in that respect.

As far as the courts, they will look to what you provide and determine if there is enough evidence for a permenant resraining order. Further, this person may be liable to you for civil damages for harassment and intentional infliction of emotional distress.

The threats of violence, you are correct, must be direct, however, the harassment does not need to be any more than what you described.

One more "thing" I suggest you do...contact your phone company and have his phone number(s) blocked so this person can no longer contact you by phone. The message they will receive will let them know that you are not receiving calls from that number any longer.

Good luck and take care.

Scott

Re: Harassment

immediately call the police and file a complaint of terror threats and harassment. You can file for a civil restraining order. You can also file suit, for damages, but unless he has adequate assets or income to make you think you could actually collect on a settlment or judgment from him, the wisdom of paying for the costs of suiing would be questionable. Contact me if interested at least in getting the restraining order.

Re: Harassment

You don't have to be faced with an immediate or specific threat to get a TRO. In fact, many TROs are based upon conduct which does not involve threats at all. Your situation is of the sort TROs were designed to address. I recommend that you get a lawyer, since obtaining a TRO requires some non-trivial legal analysis.

Good luck.