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Civil harassment questions

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just17

Junior Member
What is the name of your state? California
I have been having problems with another girl since last September. She had been calling me repeatedly to threaten to fight me because I was talking to her ex-boyfriend. November 13, 2007 we got in an argument at school that resulted in a contract signed by both of us for no negative contact. The next day 11/14/07 she got into a physical fight with my best friend after which my friend was suspended. The girl continued to harass me over the phone still threatening violence. An email was sent to the school principal and vice principal 12/02/07 to report the harassment, but they didn't do anything. Then on 02/07/08 while at school on the football field with my friends she was shouting and harassing me. When I went to shout back at her the coach stopped me. Then she got into another fight with my friend while I was talking to the coach. She filed for a temporary restraining orders against my friend and I. and gave telephone notice to my Mom telling us we had to be in court on 02/28/08. She didn't say why. My Mom went to the courthouse to find out and helped me file a cross complaint for TRO.
My questions:
1. The plaintiff never contacted my friend to advise her of the hearing, but my friend went anyway because my Mother called my friend's Mom the morning of the hearing to ask when she was going. Was this insufficient service?
2. We went to court and the judge granted her Temporary Restraining order for my friend only. Our next court date is 03/14/08, but my friend has not received any copies of the TR orders, notification of hearing, or answer/response forms from the plaintiff. Can she proceed with the action without serving the proper papers?
3. The other girl also had an attorney present at the first hearing, and he told my Dad that he could sue us civilly for conspiracy since the injuries she had were from my friend. Is that possible?
 


CdwJava

Senior Member
1. The plaintiff never contacted my friend to advise her of the hearing, but my friend went anyway because my Mother called my friend's Mom the morning of the hearing to ask when she was going. Was this insufficient service?
If she was never served with the court order and the hearing date, then service is not complete. However, if she acknowledged in person or in writing that she was aware of the hearing, that could be argued as sufficient.

2. We went to court and the judge granted her Temporary Restraining order for my friend only. Our next court date is 03/14/08, but my friend has not received any copies of the TR orders, notification of hearing, or answer/response forms from the plaintiff. Can she proceed with the action without serving the proper papers?
The action can be delayed, but unless the court holds the plaintiff accountable for failing to provide proper service, you won't be able to avoid the issue by dodging service - you could only delay it for a time.

3. The other girl also had an attorney present at the first hearing, and he told my Dad that he could sue us civilly for conspiracy since the injuries she had were from my friend. Is that possible?
Anyone can sue anyone else for anything. Winning is an entirely different matter.

- Carl
 

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