Legal Question in Civil Litigation in California
I went to a restaurant and had no problems while I was there, however I received a threatening e-mail from my ex-girlfriends significant other to not return to the restaurant. I filed a complaint with the with the manager but because the threat did not take place at the restaurant he said there was nothing they could do but he would discuss the situation with his employee. After his discussion with the employee I received a threatening call from the employee to not return to the place of business otherwise consequences will occur. I called the supervisor once more and the supervisor once again said that there was nothing they could do because it sounded like a personal issue. I wanted to know if there is any legal action we could take because they have not taken this threat seriously?
3 Answers from Attorneys
You can apply for a civil restraining order against the person who is making the threats. The restaurant does not have to punish an employee who has some personal issue with you. The restraining order would prevent this person from calling or being within some specified distance from your home or place of work. However, the judge will undoubtedly ask you to explain why you are frequenting a restaurant where your ex's new partner works???
I would have to concur with Mr. Feldman. Don't go to that restaurant!
An e-mail to you telling you to stay away from somewhere does not rise to the kind of threats that criminal remedies or restraining orders apply to. You have no business going to someplace where your exgirlfriend or her significant other work at, or frequent, and you could end up with a restraining order against you under the DVPA.
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