Legal Question in Civil Litigation in California
My husband and I started have trouble with a neighbore at our townhouse complex. The neighbor was harrasing, threating my husbands life, stalking, even called my husbands work. It was an ongoing matter or a couple of months I ended up getting a restraning order due to the neighbor not stopping. When he was served (Aug 18) he physically hit the server and elegidly had a gun fearing for our safety we moved out asap(eventhough we had the temp rest order). when we went to the permant hearning the judge dismissed the case due to us moving and no recent problems that was on the 8th of sept. Yet on 22nd of sept the neighbor applys for a temp order on my husband and it is granted(without giving us notice of the appointment). We have had NO contact of any kind with the neighbor since we moved out which was in aug. This neighbor also acted out with other neighbors of the complex but fouced on my husband.How can the judge grant him a tem when he denied out permant order just two week before? should we get a lawyer? How can we get this guy to stop? my husband needs to be able to carry a gun for his line of work his an armored guard we moved away to get away from this guy and he wont leave us alone
3 Answers from Attorneys
You will recall that the restraining order process is a two-step system. First, there is a temporary order against a person. Then, after that person has had time to respond, there is a hearing to see if the restraining order will be extended.
It sounds like you are in the first step with your former neighbor's requested restraining order. If so, be sure to respond in a timely manner. The instructions should be on the restraining order with which you were served.
Bring up the circumstances of the prior restraining order. There is a form that you can use to submit your declaration. You can get all the forms on your court's website.
On the other hand, if the restraining order against you is already of the lengthy variety, but you were never actually served with notice, then you will need to try to quash the restraining order. That's a little tougher, as it requires a motion, in court.
Everything I have mentioned can be done yourself, but it will likely be a lot smoother and less stressful, if you get some help from an attorney.
By the way, you were smart to move out, when you feared for your safety. A restraining order is just a piece of paper. Bullets can go through it.
The temporary restraing order is nearly automatic. You will need to go in with your evidence and witnesses for the permanent order and prove your case/counter his case. You may want to consider having an attorney represent you.
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