• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Civil Harassment/have perm. restraining order

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

whittibo

Member
What is the name of your state? California / El Dorado County

Hello! my first post here was made in the wrong forum.. so I'll try to recap and catch up what has happened since.

first off, I live in the country. I had some people buying and building on the property next door. for over 8 months we dealt with their dog (and later DOGS) coming onto our property, as well as another neighbors dogs. we finally had to do something about it, just 'asking' them to take care of it wasn't working, our 3 girls were getting harassed by the dogs and our cats were being attacked by them.

after calling Animal Control, one neighbor took care of their dogs, the new neighbors didn't. at that time, my husband and I went to talk with them prior to doing a 2nd party citation and taking them to civil court. we knew they just didn't understand that we needed the dog problem to end. when we went to talk to them, we were verbally assaulted. we called the sheriffs and animal control finally got the dog problem taken care of.

about 3-4 weeks went by, no problems.. until the 'defendant' got drunk while camping out on the property (more foul language/guns being shot) and my husband asked them to keep the noise down.. the defendant threatened to come and "take care of him (my husband) once and for all" he was mad that we had called the sheriff's the first time. we called the sheriffs.. who came out to talk with him about the noise, and ended up arresting him for public intoxication and then resisting arrest. we filed for and got the TRO.

we had our hearing on Tuesday to get the permanent restraining order. we were asking for 300 yards, and for this man NOT to be allowed to move into this new residence (which is is MOM'S house.. NOT his!) and we were also asking for our costs to be paid by him. we have over $1000 in added security and in 'fee's' for reports/process serving etc..

the judge granted a 50 yard restraining order, and NO costs. I have since received this mans criminal records from Sac. Superior court.. and found out he has had NUMEROUS arrests for battery on a peace officer.. for drunk driving and even grand theft.. we provided CLEAR and CONVINCING EVIDENCE that this man has intimidated us and we are living in fear. we have 3 young girls and I am a stay at home mom.. this man is a huge threat to us.

what my question is.. where can I go from here. I want this man to "pay" for what he has done to us. he hadn't even moved into the residence before he caused problems with us... (and blamed US for harassing him.. as if it's a crime that we don't want his dogs on our property) we are now trying to find out if we can financially afford to move. housing in this area has sky rocketed, and it might not be within our means to move? and this is where my husband was born, and I moved to 31 years ago. why is it OK for the defendant to come in and harass us and essentially get away with it.

is there ANYTHING I can do from here? can civil charges be brought against him.. how bout small claims court? I have a letter typed and ready to send out to all my county and state officials asking for help in this matter.. but I don't even know what divisions to send it to.

in the end, we are out over $1000 not to mention the emotional distress this has caused our WHOLE family.. and basically he shows up in court, reading a newspaper and is told just to stay 50 yards from us.. (oh.. but if he needs to work on the property line, that's OK too.. ) then the judge says to us.. "good fences make good neighbors".. that to me was a horrible stab in the back. assuming that a fence can keep this violent man away from our family! yeah.. maybe a HIGH VOLTAGE ONE! :mad:

Please.. please.. if anyone can tell me where to go.. what to do.. I want him to suffer at least 1/1000th of what he has made us suffer!

also.. is it illegal for me to tell my neighbors what he has done, and his criminal past? I have one neighbor telling everyone else around here that WE are the cause of all this.. that WE are just making problems for this "nice man".. well.. if he could see this "nice man's" criminal history.. compared to our clean slate.. he might have a different opinion.. or what about slander on this other man.. telling everyone that WE are causing the problems.. I want everyone to know this man is a huge threat to everyone that makes him mad.. even law enforcement..

i hope someone can help!! sorry this is so long, I am just so darn frustrated, and want my life back! :(
 


CdwJava

Senior Member
You can try and take him to small claims court, but I don't think you will have much luck recouping losses for added security items (since they theoretically improve the value of the house and also may have been prudent anyway). And fees for filing the TRO MIGHT be recoverable in small claims court, but I just don't know.

I CAN tell you that if he violates the court order to stay away from you it will probably not result in his immediate arrest. Especially in the current budget climate. And it might be some time before he would have to go to court. Certainly report any violations or continued acts, but I wouldn't expect immediate resolutions to the problem.

As for the criminal history ... HOW did you get THAT!? If it's a CORI record, then you should NOT have had access to that record! Even getting a local history (arrests and citations in Sac. County) is something I cannot understand how you got.

I would be very wary of passing on info you obtained from a document that you may not have a legal right to have. If its the local record, I suppose its possible to get that as part of the TRO process if it's part of the court record ... but otherwise, it should not be accessable to the general public.

I'd let that dog lie.

Carl
 

whittibo

Member
Thanks Carl for your reply!

As for the records. I was told they were public information.. I wrote a letter to the Sacramento County Superior Court house, asking for them to do a search and send me all copies of related cases against this man. so they did.. :D
I only got the criminal records, and just contacted them, apparently I have to request the civil ones separately.. so now I am sending a request for those.

Are there any legal avenues in which to pursue for me to file a civil harassment charge against him? we did file a report with the sheriffs office, but instead of forwarding it to the DA, they accidentally closed it.. we filed another one, which might have been better anyway, because this second one actually went on as a supplement to the arrest reports done by the deputy's the evening of the threats, would the DA press charges on ALL of these accounts (public intoxication/resisting arrest/terrorist threats) at the same time?

it just seems there should be some "law" that you can't just threaten someone, cause them emotional distress, and 'other costs' and just get told to stay 50 yards away.. (or 50 FEET if you need to work on the property line.. :confused: ) where is the justice in that. I would have been better off threatening him back.. since there obviously isn't any repercussions to it! :(

I know this man poses a serious threat to us, if he is willing to 'duke it out' with 2 sheriff's.. after 2 OTHER previous violations.. then this little paper probably won't stop him from assaulting us!
 

whittibo

Member
dequeendistress said:
Unfortunatley, we all have civil rights. Even criminals.
I understand he has civil rights too.. (at what point should those be revoked?! :confused: ) anyway.. hasn't he violated MINE? and if so.. how do I file charges against him? does he have the right to scare me and my family and cause emotional distress in our lives?

I just am so fed up with the court house telling me they can't tell me anything.. the sheriff's too.. I know they can't because legal reasons, but then there should be someone who CAN. if a defendant can get a public defender.. where does that leave the victim?

I want to take this to the next level.. file charges.. write to newspapers or to anyone who will listen. this really shouldn't be OK for someone to threaten a family, make them fear for their lives, and essentially drive them out of their home/community. :( what else can I do??
 

dequeendistress

Senior Member
Exercise your rights within the law.

You have a restraining order against him, correct?

There really is nothing else, AT THIS POINT, which can be done.

Sorry.
 

CdwJava

Senior Member
So the records you got were probably from public court records and not his official CORI records ... remember, that those may not reflect any actions in other jurisdictions.

Are there any legal avenues in which to pursue for me to file a civil harassment charge against him?
I'm not sure what that is. There is no crime of "harassment" in CA law ... at least not in the context that it seems to be performed here. You might be able to sue him in superior court for your pain and suffering, but that's a slim shot I would think.

we did file a report with the sheriffs office, but instead of forwarding it to the DA, they accidentally closed it
I'd be interested to find out what they were thinking of charging him for? Disturbing the peace, maybe?

because this second one actually went on as a supplement to the arrest reports done by the deputy's the evening of the threats, would the DA press charges on ALL of these accounts (public intoxication/resisting arrest/terrorist threats) at the same time?
They could. And they probably would. And HAS he been charged with Criminal Threats? (PC 422 USED to be called Terrorist Threats but was re-named several years back) That offense has a pretty high threshold to meet and is not easy to charge effectively, so I wouldn't count on that one going anywhere.

it just seems there should be some "law" that you can't just threaten someone, cause them emotional distress, and 'other costs' and just get told to stay 50 yards away
Obviously, the law can't address "emotional distress" in the criminal codes. But threats are actions that can be acted upon ... though they are generally misdemeanors - and in some cases, may not be a crime at all in CA.

A civil restraining order (like yours) is very common and not a high priority given the lack of resources today. If there is an additional crime accompanying the violation, THEN it is more likely to be acted upon. So if he comes on to your property waving a gun, yeah - they'll act on it. If he walks up to the property line and gives you 'the bird', chances are they will document the incident over the phone and they MIGHT forward it to the DA or talk to the neighbor ... it really depends on staffing and priorities. In my city we'd forward it to the DA and the DA would likely file the case away without going before a court.

All I can suggest is to document any actions he takes ... keep a journal with dates, times, and witnesses. When something happens, have people write a quick statement. When TRO violations or other crimes occur, report them.

And there's always my favorite - ignore the idiot. When there are no more responses, he may get bored.

Good luck.

Carl
 

whittibo

Member
GRRRRR.. so I would be better off as a criminal then to be a innocent victim then!? man.. really pays off to keep a clean record doesn't it?

well.. the original report we filed was for the PC 422 says "thrtn crime: int: terr the new report doesn't have any code violation sited, since it's a supplemental narrative.

I am waiting for the DA's office to get a copy of this, and will see if there is any violation they can prosecute for..

I know this seems like whining.. but it just doesn't seem fair that innocent victims get the raw deal like this. He hasn't even suffered the slightest bit of discomfort over this. how pathetic is that?!
 

whittibo

Member
OK.. here's another idea. would I have a case in small claims? based on the evidence that this man caused me enough emotional distress that I had to provide additional security for myself/family and our home?

The cost of $1000+ is simply purchases made, and SOME of the mileage. Most of our "time" isn't even covered in that. with time added.. I bet we would be pushing close to $2000 and don't even get me started on emotional distress.. even my little one started wetting her pants again! this just isn't RIGHT! :mad:

BUT I don't want to waste anymore time if there is no 'legal' means in which to sue him either. :confused:

I can however, prove beyond a shadow of a doubt that this man has a violent temper, and is indeed a threat to us since we have "made him mad". just the fact alone that he was willing to 'resist arrest' shows he has no problem with a scuffle. (not to mention the other 2 cases of battery on a peace officer in the past)

there just isn't any reason why we should have to suffer the costs AND the emotional stress involved in this when we are the victims, and all we did to "provoke" the man is to ask him several times over 8 months to please keep his dogs off our property! now THAT isn't any reason to threaten to do grave bodily harm to someone.. and I think he needs to be dealt with so he suffers a little bit himself!
 

CdwJava

Senior Member
I do not believe that small claims court permits an award for 'pain and suffering', so you would have to fork out for a lawyer and sue him in superior Court. And a lawyer could tell you what kind of case you have, but I don't think it would be sufficient to warrant an attorney taking it on contingency, so he'd probably ask for the money up front.

Proving the violent temper may be good for showing cause to get a TRO, but I doubt that it will do much good to show that he caused you pain and suffering.

But, since I am NOT an attorney, you should probabyl consult one.

Carl
 

whittibo

Member
Carl.. I can't thank you enough for taking the time to answer my questions! what an angel you are!

I did find a "suitable suit" to bring against a defendant would be for:

Examples of intentional torts include assault, battery, intentional infliction of emotional distress, trespass or nuisance.​

so perhaps the foul language and our kids having to live all summer INSIDE because we don't want them learning 4 letter words that begin with the letter "F".. and the Intentional infliction of emotional distress might apply.. i mean.. why else would you threaten someone to "end it all" if you weren't TRYING to inflict emotional distress!?

the costs involved were incurred because we were in fear, because he caused us emotional distress.. seems logical to me.. but then again, I am a bit partial to this case.. ;)

sometimes I can be very hard headed.. I have gone from being scared to death, to being mad/angry, and then just plain confused as to how ANYONE can justify such behavior and then the law let them get away with it! it just makes me sick.. this man is a pathetic drain on society.. and obviously hasn't been punished enough in his life to detour him from his rotten behavior! not that I think this will do anything of the sort.. but it sure will make it all seem worth while for me and my family to have had to go through it..

my only other issue is.. this has to be taken to the same court that we had the restraining order heard in.. and if that judge denied the request in the first case, did he do it because it wasn't the "time or place" or because he didn't feel it was necessary?! :confused: I certainly wouldn't want to waste his time again if that's the case.
 

CdwJava

Senior Member
Unfortunately, I don't know a whole lot about civil cases, so I have no idea how your case might fare. However, if this is in El Dorado County, I doubt it would have to go before the same judge as the one who heard the TRO. But, you never know ... it's possible that since the TRO was a civil one, that the same judge may hear civil suits.

You also should ask yoursefl - does this guy have any assets? And are you willing to spend the next 2 to 4 years in court to get a judgement, and then spend the time and money to try and collect on the judgement? Unless he has ample assets, this may hurt you far greater than him. And if a lawyer asks for his fee up front, that should tell you about the chances of a big payoff.

Carl
 

whittibo

Member
yep.. I am in El Dorado Cty. and small claims are heard at the superior court, same as the TRO was. :( hope it isn't the same judge.. he wasn't very sympathetic to our case. his statement about "good fences" still really gets to me. how bout I tell my neighbor where the judge lives and see if the judge feels the same way?! isn't that always the case.. always got great advice when it's not YOU that it's happening to!

anyway.. the suit I posted above about.. the "examples of intentional torts".. those are reasons to bring a small claims suit against the defendant.. so I am still thinking this can be handled in small claims.. if that's the case, $22 and 15 minutes in court is MORE then worth the time..

I have also sent a little article to the local newspaper and to the Sac Bee.. because this is just an outrage. I had NO CLUE that criminals got away with so much... is there any wonder why we have repeat offenders!? but I also understand we can't "house" them all either.. but there has got to be SOME punishment.. this guy, for grand theft only got probation.. gee.. really a reason to not do that again isn't it! :rolleyes:

at least while I have breath in me, I have fight in me.. and I won't let this man get away with anything as long as there are ways in which to go. he might have scared me and my family, but he isn't going to just sit up there and gawk at me and laugh either.. I will be that little sliver under his nail as long as I live in the same neighborhood as he does.. heck.. I am thinking of NOT moving.. just so I can irritate the life out of him.. (again, not that it will do much, but hey, maybe he'll assault another sheriff.. and maybe the next one won't be so gentle with him?! or maybe he'll get drunk and go driving again, and on these curvy roads he isn't used to.. well.. one can hope can't we?) :eek:

again, thanks so much! your posts really are helpful, and I know you are a blessing to others as well as me! I own a diet forum.. and often don't understand that what I do there really helps others as much as it does. so thank you for your time and willingness to help!
 
M

Mags06

Guest
I know this is an old request but I have to say I am going through the same thing right now. I am lucky and have a old client of mine who is an attorney and you can do something to get your moneyy back in CA.

Sue owner of the property for maintaing a nuisance at their residence, which from what I read is his mother. I am doing that to my neighbor's landlord and doing well.


Good Luck and stay strong
 

whittibo

Member
thanks for the reply.. it's probably better that it came late. Had I of known this a month or 6 weeks ago.. I would have jumped at the chance to do something to 'get even' and get my money back! they still irritate me to death.. but nothing I can/will do.

we ended up putting our house on the market just about 4 weeks ago.. which opened up about 5 cans of worms.. we got a buyer in the first 24 hours.. but she couldn't get a loan since we had an un-permitted room.. but we had already offered on another house.. what a mess it's been! we have our permit/final now.. just still waiting for a buyer to get away from this horrible convict of a man.

meanwhile, we haven't heard him. He's stayed pretty quiet. (thankfully.. I think my husband was about to shoot at ANYTHING that moved.. sleeping with a loaded shotgun under your bed at night is NO way to get peaceful sleep!)

I just think moving away is the best thing. 13 years at this house, never a problem till these people moved in.. so maybe it's a sign from God it's time to move on?! it's still going to cost us about $40,000 to move.. (sellers fees, buyers costs etc..) which is a direct result of this idiot too.. but oh well.. if it brings peace back to our lives, then it will all be worth it.

we will be leaving 10 acres and moving to less then 1/2 acre.. more neighbors.. wonder what that will bring? hopefully they won't be idiots and criminals like this guy! but we can't afford the rising prices around here.. we have to sell at $350k and buy at $276k but will be about $30k more in debt.. hows that for real estate.. :(

anyway.. thanks for your reply.. I would have jumped on it weeks ago, which would have just stirred the pot more, and given him more reason to cause us grief.. so glad I didn't. glad I just gave up and gave in and looking toward moving out..
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top