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Questions About Restrainig Order

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Jwd

Member
What is the name of your state (only U.S. law)? CA

A friend of mine owns a small business in a strip mall. She suspects a former(terminated) employee of vandalisim but has no proof. All acts of vandalisim have been reported to and documented by the police but there isn't a shred of evidence that points to anyone.

My friend has talked about trying to get a restraining order against the former employee. I'm wondering what the "burden of proof" is in California, if any, to obtain a restraining order. Also what would the cost be?

I'm no lawyer but without a shred of proof I would think the chances are slim.

Thanks
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? CA

A friend of mine owns a small business in a strip mall. She suspects a former(terminated) employee of vandalisim but has no proof. All acts of vandalisim have been reported to and documented by the police but there isn't a shred of evidence that points to anyone.

My friend has talked about trying to get a restraining order against the former employee. I'm wondering what the "burden of proof" is in California, if any, to obtain a restraining order. Also what would the cost be?

I'm no lawyer but without a shred of proof I would think the chances are slim.

Thanks
that would be correct.

the cost varies. court filing fees. service fees, toss a lawyer on there.....phew...ALOT of fees.
 

CdwJava

Senior Member
This would be a civil harassment order and unless you can show that the person to be restrained has actually been coming around the store and causing SOME sort of problem, it ain't gonna happen.

The employer can certainly ask for the former employee to be arrested for trespassing if they return to the store or do not leave if asked, but a restraining order is just not in the cards without some kind of proof or witnesses.
 

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