Legal Question in Civil Litigation in California

Order to stop harrassment

I filed for a TRO against my cul-de-sac neighbor after he has repeatedly threatened me with bodily harm and caused my family great emotional distress. The judge heard both sides and advised he wanted to wait another month to see if the TRO would work out the problem (the defendant has not continued his actions after he was served with TRO). The defendant�s attorney stated he was filing for a TRO and regular restraining order against me as well. In the answer to the TRO, the defendant is requesting $1,500 in attorney fees and reimbursement for lost wages. I have a few lingering questions for the experts:

1.Am I in over my head, can this be handled without and attorney, but with solid research?

2. I have since placed (and sold) our house at my wife�s request and we are moving out of the neighborhood because of this man. Does this make a good case for a civil suit against the defendant?

3.My wife is pregnant and is not sleeping at night because she is having horrible dreams that the defendant is breaking into our house to kill us. Could this hold up in a civil suit?

4. If the RO is granted against me does is stay in effect for 3 years or life? Can I not own or purchase a gun for life if the RO is granted? Thanks in advance!


Asked on 6/26/06, 7:21 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Order to stop harrassment

Since you are moving it might be a good time to discuss with the other persons attorney a settlement. That is both parties dismiss their request for a ro and bear their own costs. If the other perty is not willing to settle then immediately contact an attorney and either retain the attorney or at least get some advice on how to proceed.

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Answered on 7/02/06, 1:16 am
Terry A. Nelson Nelson & Lawless

Re: Order to stop harrassment

It is long past time for you to get legal help. Last things first: a RO bars you for life from owning firearms.

Whether you have any basis for civil suit depends on a lot of facts and ability to prove them; you need to talk to counsel to get an actual legal opinion. Keep in mind the other side is already 'suing' you for an RO as well. Contact me if interested in doing this right.

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Answered on 6/26/06, 9:45 pm


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