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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117379
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I recently filed a restraining order against an individual

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I recently filed a restraining order against an individual who accused me of harassing them. The person came to my house and confronted me in my garage. The person secretly recorded the conversation. In court during the hearing regarding the restraining order she played the recording. On the recording you can hear me tell her not to come on my property but she still did as you can hear her walking across the gravel in my yard and into my garage. Again I told her to leave my property and you can hear he step back onto the gravel but she still remained on my property, my wife witnessed all of this. She lied in court and told the judge she didnt come on my property. The recording proves that she did. Can I file trespassing charges against her and take her to civil court ?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Yes, if the recording she introduced in court shows she did indeed trespass and did indeed harass you, you can seek to file criminal trespassing charges with the DA based on the evidence in the recording that she was dumb enough to present in court. Also, you can file a civil suit against her for the harassment and trespassing to seek to obtain money damages from her.

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Customer: replied 4 years ago.

The police have not been very helpful but if they do not file charges can I still file a civil suit on my own ?

Yes, you can file a civil suit on your own, the police have nothing to do with civil suits. If the police do not file charges, that is their discretion and your right is to file a civil suit as police only get involved in criminal matters.
Customer: replied 4 years ago.


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