Legal Question in Civil Litigation in California
Harrassment Restraining Order
I am seeking to get a restraining order against my neighbor. I have documentation and witnesses to her activities and verbal threats. Recently,the husband has sent me 2 harrassing letters on behalf of the wife.On item#3 on the petition--to name the 'defendant',it is for only 1 name. I would like to have the order against the 3 members of the family. I do not have evidence against all 3 members of the household. Is it OK to use item #16 ''Other Orders'' to state that I want the restraining order to include the husband and child (age 21) who reside at the same address? Or do I need to file 3 separate petitions--one for each person? Also, is it OK to mention an event that happened for which I did not see the culprit, but to say that it is an odd coincidence that this is the same thing that the defendant did a few months earlier?
2 Answers from Attorneys
Re: Harrassment Restraining Order
Not familiar whit this area of law. Sorry.
Re: Harrassment Restraining Order
In these cases it is almost a question of which party is the most credible. Therefore your supporting declaration should be truthful. Leave out what you describe aa an odd coincidence.
You should be able to name each of the family members on a single petition and TRO.