Legal Question in Civil Litigation in California
Permanent Injunction
My son received a Summons - Complaint for Preliminary injunction and permanent injunction to abate a public nuisance. The State is alledging that he is a gang member. The affidavits they've attached, which directly relate to my son, describe 3-4 incidences when he's in the company of others the police have documented as gang members. They papers also advise that they follow federal guidelines on gang membership. If that's the case, they'd have to prove that my son was involved in criminal activity, directly attributed to gang membership, for five years. Do I have to have an attorney to respond to the summons; and, can my response by a request to dismiss, based on the aforementioned facts?
3 Answers from Attorneys
Re: Permanent Injunction
The others gave the best answers.
Re: Permanent Injunction
Can your son respond? Sure. Can he do so effectively? Unlikely, unless he knows the proceedures, court rules, law, and how to argue them. That is what attorneys are for. Feel free to contact me if you need help.
Re: Permanent Injunction
I suggest you contact your local chapter of ACLU and see if they would represent your son. This is a Constitutional as well as Civil Rights issue and they should be interested. Good luck.