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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23536
Experience:  Active member of the NYS bar since 1989
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I called the police tonight coming from the slamming of two

Customer Question

I called the police tonight for noises coming from the slamming of two gates and thumping, banging....one police officer gave me a lot of legal advice. A report was not taken because this is a civil manner they said. The other police officer said, I should
get a restraining order. Can you get a restraining order for a person not to slam doors or disturbing noises?? How does someone prove the noises were broken?
Submitted: 12 months ago.
Category: Legal
Expert:  Zoey, JD replied 12 months ago.

Hello,

It's never a good idea to get legal advice from the police. They are not lawyers.

You probably can't get a civil restraining order because someone is noisy. If you tell me what US state you're in, I can check that for you.

Customer: replied 12 months ago.
Los Angeles. I live in the house (owner and the one roommate). The room for rent is in the upper floor and I'm in the lower floor most of the time during the day and I sometimes sleep downstairs. She's upset because I gave her 30-day notice to leave. So in the meantime, she trashing the house, making noises, etc. Police said, you can get a restraining order for about anything. They see it done all the time. She already told me she's not moving out. By the end of the month, if she doesn't move out, I have to start the eviction process, etc. My question is, can anyone get a restraining order for about anything in Los Angeles?? And if so, how can the person prove when the order is being violated???
Expert:  Zoey, JD replied 12 months ago.

Thank you for the detailed reply. You cannot get a restraining order simply to avoid having to evict a tenant. That is why the police see this as a civil rather than a criminal matter. However, if by trashing the house, she is deliberate and malicious damaging of your property, that would be a criminal offense for which the state could prosecute.

California does have civil restraining orders for which you could be eligible if you can show that you are being deliberately harassed. You can read an overview of this which will explain the order and how you'd get it here.