Legal Question in Civil Litigation in California
Response to Harassment Restraining Order
I have been granted a harassment order against my neighbor for 3 years. His response was to muster up a very engaging- albeit baseless- story and he has been granted a hearing (which we already had) to have the judge decide on a harassment order against me and my whole family.The judge has asked for more time and set a court appointment for next week, while he decides what to do. I assume the hearing next week is for us to hear his decision. If granted, my numbskull neighbor will use the order as a weapon, not a shield. Any advice? What can a citizen do when his family has been restricted in such a manner?
2 Answers from Attorneys
Re: Response to Harassment Restraining Order
The hearing is probably on the restraining order of the adverse party. In CA reciprocal restraining orders are disfavored.
JOEL SELIK Attorney at Law
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Re: Response to Harassment Restraining Order
It's unusual that the other party didn't bring the reciprocal claim in the same court at the same time. If it's the same judge, I don't think it will fly, since the judge believed -- by clear and convincing evidence -- that the other party caused you to fear for your safety. The burden of proof is on the other party, that he/she fears for his/her safety because of your and your family's conduct. I'm sure that info was elicited during the hearing on your restraining order. So, if it's the same judge, the court is already familiar with what had happened. You might want to consult with an attorney to prepare for or attend the hearing with you.
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