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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23573
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My mother lives with my ex-boyfriend (who is also the father

Customer Question

Hi, my mother lives with my ex-boyfriend (who is also the father of my 5 year old child). My mother owns the house and my ex is staying there without a lease. I recently moved out and I feel horrible leaving her with him, he has a history of felonies (from
over 10 years ago for impersonating a police officer, grand theft and domestic violence) and he is a very strange man. After 8 years of living with him I don't know him at all but I was sacred to leave because he was always quietly threatening me and also
I knew he would try to get custody of our daughter. He is obsessed with getting back together even though we have not had a real relationship for years if we ever did at all. At this point I have confirmed he has a tracker on my car and I am relatively sure
my phone is bugged. He is a PI among other things (he reclaims cars for dealerships, has a compounding pharmacy and has ties to certain organized criminal organizations) and I don't know what he is capable of. My mother sleeps with a knife under his pillow
and she is scared to even go home most of the time. We understand that my mother needs to serve him with a 60 day eviction notice and then she has to file an unlawful detainer lawsuit and proceed to enforce it, but considering this eviction process could take
months she wants to file a civil harassment suit and try to get a stay away order so he will have to leave earlier by police escort. Our question is, what constitutes civil harassment in CA and what would he have had to have done to her to ensure she gets
a stay away order so she can force him to leave. He is verbally abusive and belligerent but he has not physically harmed her or threatened to physically harm her, nonetheless she feels as if she is in danger. Is this enough to file for the restraining order?
We appreciate your advice.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

He doesn't have to physically harm her or threaten harm for her to file successfully for a civil restraining order. If his actions toward her annoy or alarm her and have no legitimate purpose, then she may stiil be able to qualify for a civil restraining order. You can see a good overview of what the court will require for your mother to qualify here. If she can't make out facts like that, even though his background might be worrisome, she cannot use the system to avoid bringing an action to evict him.