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My grandmother lives in a housing community and for the last…

My grandmother lives in...

My grandmother lives in a housing community and for the last 4 years or so its seems like any time I am there the manager of the place has to come say something to me about something be done wrong or that something isn't suppose to be like that. and I don't even live there and he lets other members of the community do things he will get on to my grandmother or me about like working on a car or types of fences in the yard or how many animals a person has ect. is this enough for me to get a restraining order on him

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No he just harassed me today about replacing a speaker in my truck over there but I see people work on their cars all the time and he says nothng

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Honestly I'm not sure I think so tho

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Answered in 9 minutes by:
3/7/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,110
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
thank you for responding so I was curious about the restraining order I was talking about above.

I'm sorry to hear about your situation. Do you feel like you're being physically harassed or that there's some sort of imminent threat of violence?

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Customer reply replied 5 months ago
no threat, but like he always drives by slow and looks at my grandmothers house it seems like he's always looking to see if I'm there. If my truck is there he complains, its like anything I do or my grandmother does for me this man goes out of his way to make an issue. It causes me anxiety and ruins my time with my grandmother because I feel like I have to keep a look out for him because any time I'm there he shows up and says something or comes up to me to complain or bring up an issue. It seems like he only does it to us to like other people do all types of things the living rules say not to there and he doesn't care but we will try and make sure everything is up to the rules and he goes out of his way to make a problem, and its always with me.

I see what you mean. It's possible that you may have grounds for a civil harassment restraining order which is allowed in CA, but it is important that there is something attached to this guy's behavior.

In California, the civil harassment laws say “harassment” is:

  • Unlawful violence, like assault or battery or stalking, OR
  • A credible (real) threat of violence, AND
  • The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

If you believe that this person is meeting any of those characteristics against you or your family member, go get an RO.

Getting a restraining order usually files a few important steps. The first thing you should do is either look online or to go to your local civil courthouse to find out what forms are required for the restraining order. Each county and each state requires different forms so I suggesting going to the courthouse to find out. The first floor where the clerk’s office is usually has all of the forms necessary. The forms eventually have to be submitted to a judge/magistrate who will either approve or deny the request.

Once you’ve obtained the forms, you should fill them out, including all of the detail as to why you feel the restraining order should be granted by the judge. Go to the courthouse to file the forms. You can either wait around or come back later to determine whether the judge has approved the order. If it is approved, the clerk will return to you several copies. One to keep and one to serve. The restraining orders are usually temporary in nature, not lasting over 90 days. The order is enforceable by your county sheriff so if the person violates the order, they can be arrested.

Typically, restraining orders have to be served in person, but they can’t be served by you. This means you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Not long after the order is granted, the court will set up a hearing date for the future to determine whether the restraining order should be continued beyond the 90 days or so. If you believe that it does need to be continued, then you will make your case. If you don’t believe it needs to be continued, then you can tell the judge this at the hearing. Ultimately, it’s entirely up to the judge whether it continues, so you should be prepared either way.

How else can I help you today?

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Customer reply replied 5 months ago
I would consider it mild stalking because this man always comes up to the house if he knows I'm there. He always drives by the house slow to looking at everything, and his excuse for always looking at her yard and being so hard is its at the edge of the park but the guy next to my grandmother doesn't get the same treatment and he's the other house at the front of the park. he works on his car all the time and the manager doesn't say anything I went to replace a speaker and he made a huge ordeal about it.

I see what you mean. You can always make your case to a judge, explaining that he is driving slow by the house and is always looking for excuses to be in the yard in addition to all of his other behavior.

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Customer reply replied 5 months ago
okay thank u very much for your help

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