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Civil Harassment

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runnerone

Guest
What is the name of your state? California

I'm filing on my own a civil harassment restraining order against my boyfriend's ex. Is it petty or actually expected that, when asked about responsiblity for fees, I'd ask the court to make her responsible for any filing costs to have the restraining order enacted?

And is it ignorant to try and file this on my own? It seems pretty straight-forward (after 5 hours of going over it!!). And should I have family members and friends in court during the hearing to verify how this person has me FREAKED OUT or is the hearing a closed thing?

Thanks.
 


Beth3

Senior Member
You can have anybody you want at the hearing - it's an open court. However having friends and family members testify as to how "freaked out" you are is somewhat immaterial. If someone can testify as to FIRST HAND knowledge of any threats or harassment that occured (first hand means they actually saw or heard the harassment or threats) then you certainly should have them testify.

In my experience, most individuals seeking restraining orders do not have legal counsel and it's not necessary. My municipal court has an advocacy office to assist people in need of RO's and guide them through the forms and legal process. You might want to contact the courthouse and ask about this.

As to whether you want the court to assign the costs of the RO to the ex-girlfriend, that's up to you. The question you have to ask yourself is whether you wish to further antagonize her.
 
R

runnerone

Guest
Beth3,
Thank you for the input. And your last comment re: antagonizing her hit home. I just want her gone.
Thank you very much.
 

I AM ALWAYS LIABLE

Senior Member
runnerone said:
What is the name of your state? California

I'm filing on my own a civil harassment restraining order against my boyfriend's ex. Is it petty or actually expected that, when asked about responsiblity for fees, I'd ask the court to make her responsible for any filing costs to have the restraining order enacted?

MY RESPONSE: There is no fee for a Civil Harassment filing. The only cost involved is having the Sheriff serve her.



And is it ignorant to try and file this on my own?

MY RESPONSE: You can file this on your own. At the courthouse, there are pamphlets on the subject, with simple "How To" instructions. Ask the Filing Clerk.



It seems pretty straight-forward (after 5 hours of going over it!!). And should I have family members and friends in court during the hearing to verify how this person has me FREAKED OUT or is the hearing a closed thing?

MY RESPONSE: The "first" hearing is held by the judge to look at your papers, and perhaps, to ask you a few follow-up questions. If your papers are sufficient, the judge will grant you a "temporary" restraining order (TRO). Testimony by others will not be taken at that time. Your papers need to be sufficient, and "stand on their own" without testimony. If granted, your TRO needs to be "personally" served on her. That's where the Sheriff comes in, and serves your papers for a small fee - - somewhere around $30.00. In those Notice papers will be the date, time, and Department for the full hearing. It's at THAT hearing when your testimony, the testimony of your witnesses (if relevant) and the defendant's testimony will be heard.

If the TRO is granted, then it turns into a Permanent Restraining Order (PRO) for a set length of time.

IAAL
 
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R

runnerone

Guest
one more question on this...

Someone suggested I can actually send the "defendant" a letter indicating I'm processing this restraining order and that the petition and OSC will be delivered to her shortly. But that I will also give her a chance to agree to my terms without going to court and then I can list specifically what I'm requesting in the order. I should tell her that she can just sign the form and return it to me and I can get it approved by a judge and the restraining order will be enacted. Is this true?? And if so, how do I set up an appointment with a judge to approve it (assuming she agrees)?
Thanks.
 

I AM ALWAYS LIABLE

Senior Member
runnerone said:
Someone suggested I can actually send the "defendant" a letter indicating I'm processing this restraining order and that the petition and OSC will be delivered to her shortly. But that I will also give her a chance to agree to my terms without going to court and then I can list specifically what I'm requesting in the order. I should tell her that she can just sign the form and return it to me and I can get it approved by a judge and the restraining order will be enacted. Is this true?? And if so, how do I set up an appointment with a judge to approve it (assuming she agrees)?
Thanks.

My response:

That "someone" didn't know what the hell they were talking about. "Letters", whether signed, notarized, or chiseled in granite, don't do anything for judges. The judge will want to see you FIRST, and then YOU and HER at the scheduled hearing.

That's how it works.

IAAL
 
R

runnerone

Guest
IAAL just thought you'd want to know

You wrote:
MY RESPONSE: There is no fee for a Civil Harassment filing. The only cost involved is having the Sheriff serve her.

I've come to find out:
There is a $188.00 filing fee for a Civil Harassment restraining order here in Yolo County. I can show you the receipt.
 

I AM ALWAYS LIABLE

Senior Member
runnerone said:
You wrote:
MY RESPONSE: There is no fee for a Civil Harassment filing. The only cost involved is having the Sheriff serve her.

I've come to find out:
There is a $188.00 filing fee for a Civil Harassment restraining order here in Yolo County. I can show you the receipt.

My response:

Wonderful!

However, you never mentioned Yolo County until just now. In most counties of California, there is no fee.

IAAL
 

Son of Slam

Senior Member
I AM ALWAYS LIABLE said:
My response:

The judge will want to see you FIRST, and then YOU and HER at the scheduled hearing.

That's how it works.

IAAL
*** also, If after being served she dose not appear at the hearing, the order will be granted. If she appears to fight it and you do not appear, it will be denied and the temporary order desolved.
 

Son of Slam

Senior Member
runnerone said:
I've come to find out:
There is a $188.00 filing fee for a Civil Harassment restraining order here in Yolo County. I can show you the receipt.

That should not be right. If it is, it is an injustice.
 
R

runnerone

Guest
Yes, an injustice, but if granted the RO then I can request she pay for it. And this is just for a civil harassment restraining order, not a domestic one -- guess my freedom comes at a cost.

And, IAAL, I wouldn't go through this hassle to not show up in court. I'm hoping she won't give a *$&@!!^!@*@ and just not bother to show up, though!! :rolleyes:
 

I AM ALWAYS LIABLE

Senior Member
runnerone said:
And, IAAL, I wouldn't go through this hassle to not show up in court. I'm hoping she won't give a *$&@!!^!@*@ and just not bother to show up, though!! :rolleyes:


My response:

I NEVER said to you that you shouldn't show up in court. That was Son of Slam's remark to you.

Additionally, something is very wrong with the court charging you a fee for a hearing on a Restraining Order. Are you sure that's what you filed?

On your paperwork, look at the title of the document, and the form number at the bottom. Please tell me what each says.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
you can always apply for a waiver from the filing fee. The filing clerk will have the fee waiver forms.

My response:

It's too late now to file "In Forma Pauperis" - - the fee was already paid. However, I maintain that charging a fee was incorrect. Something is very wrong. The only way our writer is going to get her money back from the Clerk is if the Clerk made a mistake in charging the fee in the first place.

IAAL
 
C

coosi

Guest
Superior Court of Sacramento County charges a $314.00 for Civil Harrassment hearing/order (?) if no violence is involved.
 

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