Have Legal Questions? Ask a Lawyer Now.
You as a victim are protected by harassment laws, and you may require a harassment lawyer if you fall into one of the following categories: bullying, psychological harassment, racial harassment, religious harassment, sexual harassment, stalking, mobbing, hazing, backlash, or police harassment.Harassment laws like the Civil Rights Act of 1964 and its subsequent laws on harassment are what protect you.If you feel that you are a victim of harassment:1. Object to the behavior2. Keep a record that includes the behavior as well as the dates3. Consider retaining a harassment lawyer4. Report the behaviorIn CA, a civil harassment order is a restraining order available to victims being harassed by someone they do not have a domestic relationship with, such as a friend, neighbor or even a stranger.
A civil harassment order can last up to three years and may be renewed after that. There is a filing fee to apply for a civil harassment order, however that fee may be waived based on the victim's ability to pay or if the abuser has caused physical harm to the victim.
A victim can qualify for a civil harassment order if the harasser has intentionally committed a series of acts (more than one) which are frightening, annoying or harassing, and which have caused the victim substantial emotional distress. The harasser does not have to be related to the victim in any way, but the victim must be able to identify the person and find him or her to serve the papers.
A civil harassment order can order the harasser:
Violation of a civil harassment order is a crime. You can find a request for an order to stop harassment here, which should be filed with the appropriate court: http://www.courtinfo.ca.gov/forms/fillable/ch100.pdf
If I have been helpful, please click ACCEPT so I can get credit for my answer. You can still continue to ask questions after that and any further questions that you have will not be subject to any additional fees. Thank you.
Legal Disclaimer: None of the information contained herein shall be construed by the reader to be legal advice. The reader acknowledges that the information given is for informational and entertainment purposes only. By interacting with me on this website, the reader agrees that no attorney-client relationship is being established. The reader further agrees that s/he is here seeking legal information only and that nothing contained herein should be construed by him/her as legal advice. I in no way claim to be licensed to practice in the state where s/he resides, or in any other state s/he is seeking advice about. As the law is always changing, it is the reader's responsibility to seek legal counsel in his/her area. Lastly, I am in no way holding myself out to be an expert in any area of the law which may require certain certification under my own state's Bar Association. This disclaimer, in part or full, may be copied or reproduced by anyone as s/he desires.
i will get a restraining order from the park and the neighbor, but my question is can i sue the mobilehome park and the neighbor for slander. and yes they are harrassing us.
I apologize for not fully answering your question. I am working with many individuals and sometimes, I misread or misinterpret a question. In the future, all you have to do is come back and ask for further clarification and I, or another expert, will be happy to give it to you. Positive feedback is something we all strive for around here and we always appreciate when a customer reserves giving feedback until he or she feels their issue is fully resolved.
That being said, Pursuant to statute (California Civil Code Section 46):Slander is a false and unprivileged publication, orally uttered, andalso communications by radio or any mechanical or other means which:1.Charges any person with crime, or with having been indicted,convicted, or punished for crime;2.Imputes in him the present existence of an infectious, contagious,or loathsome disease;3.Tends directly to injure him in respect to his office, profession,trade or business, either by imputing to him general disqualificationin those respects which the office or other occupation peculiarlyrequires, or by imputing something with reference to his office,profession, trade, or business that has a natural tendency to lessenits profits;4.Imputes to him impotence or a want of chasity; or 5.Which, by natural consequence, causes actual damage.
In other words, to prevail in a cause of action for defamation, a plaintiff must establish the following:A. The defendant made a statement about the plaintiff to another person or persons;B. The statement was false and unprivileged;C. The statement falls under one of the statutory classifications (1 -5).
From the brief facts that you gave in your original post, it does not look like you would have a valid action for defamation; however, your attorney will be able to analyze your very specific fact pattern and advise you further. From what you told me above, my first impression, which I am even more sure of now, is that your action would lie in harassment, not slander.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).