Legal Question in Personal Injury in California

Requirement for civil restraining order

I accidentally hit this guy with a tennis ball while we played tennis in July 2005.

He has been quiet about it for 1 year. Since July 2006, he has been harrassing me with

very violent and threatening words. I have told him that I have no intention to pay him any compensation and I do not want to see him for this issue.

And he has been stalking where I usually play tennis asking my friends where I live.

My question is whether I can put a civil restraining order on this guy.

I do not have recordings of his threatening phone calls.

He stalked a few times where I usually play tennis asking my friends where I live.

But I have yet to face him in person after the incident.

I called him and gave him a warning, not to bother me.

After that warning, he does not ask my friends where I live. But he just wonders around the court where my friends playing tennis.

I stopped playing tennis with my friends...

This has been great disturbance and stress in my daily life for an extended period of time.

Is this enough threatening/harrassment/stalking to file a civil restraining order on him ?

Thanks


Asked on 10/17/06, 8:52 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Requirement for civil restraining order

TRO's are available if you feel legitimately threatened. This may qualify. You need to know his ID so you can get the court to issue a TRO and get it served upon him. Contact me if interested in doing so, if it is in SoCal.

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Answered on 10/24/06, 7:47 pm
Injury Attorneys LA Los Angeles Personal Injury Lawyers

Re: Requirement for civil restraining order

Good question. Many courts are reluctant to issue a restraining order. This is true, even though the statute seems to favor granting it in situation ssuch as yours.

Unless he threatened your life, or you can prove he is stalking you, you could lose the motion very easily.

If the court - unjustly - finds against you, you are then liable for the other party's attorney's fees and costs. (he will be probably be deemed "prevailing party")

So you could really get hammerred.

On another note, if you hit him with a tennis ball by accident, it was clearly a recreational event, and he will be deemed to have assumed the risk of his injury, unless he can prove you did it "on purpose" (then it may be a risk not inherently present in the sport)

Example: You don't assume the risk of being shot by a madman, just because you shooting targets at a shooting gallery.

/s/ Michael Ehline, http://www.ehlinelaw.com

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Answered on 10/24/06, 7:50 pm


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