Legal Question in Personal Injury in California

restraining order
My boyfriend has repeatedly had restraining orders filed against him by the mother of his ex-girlfriend. He remains friends with his ex-girlfriend. This has caused loss of wages as well as personal inconveniences. He has documentatation of racist remarks this woman has made. She has also accused him of unlawful entry onto her property and unlawful seizure or theft of her daughter's belongings. This arose from a dispute where he wanted his property returned and upon her refusal, he brought a police escort to pick up his property. There is also paperwork proving this. She continues to harass him in this way, most likely due to her disapproval of their friendship. Her behavior had partially caused the dissolution of their relationship, and now affects my own. What type of legal recourse can he take now?

Asked on 4/27/05, 7:34 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: restraining order

Filing restraining orders, lawsuits, police reports and the like is privileged and cannot form the basis of a harassment suit or even of a restraining order.

You say this woman has "accused" your boyfriend of various illegal acts but you don't say to whom; if these were complaints to the authorities and/or the courts then they are privileged. If she made these charges to other third parties then she might be liable for defamation, but only if the accusations are false.

Making "racist remarks" is crude and contemptible but is not a crime and generally can't form the basis of a civil lawsuit. Depending upon what she said, how she said it and in what context there might be some legal remedies available, but I don't have enough information to identify or evaluate them.

With more facts I might be able to offer some guidance, but what you have said does not suggest many ways your boyrfriend can get recourse against this woman. Sorry I can't be more encouraging.

Answered on 4/29/05, 7:31 pm

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