Trouble at the Marina

[Towtheline]

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

I have been, over the past 4 months, getting harassed and assaulted and battered by someone in the Marina I have a sailboat in.
This person does not like me because I use my bicycle as my mobility aid and have ridden the bike on the docks, which is apparently against the rules. ( I have asked the marina for an accommodation for my disability, but I have not been able to come up with the information they are asking for to prove the disability because I do not have any money to go see a Dr. right now, who would say that I need my bike as a mobility aid.) I have not ridden my bike on the dock now for over 3 months because of this.

I recently tried to get a restraining order against them, but the Judge dissolved the TRO because he said there was not enough there to "bring it to the level" of civil harassment, or something to this effect, but he did say that the defendant and I should seek alternative conflict resolution services. More importantly, at the hearing on 12/31/08, the Judge asked Defendant if he did indeed hit me, and he said "yes" to the question. Also at the beginning of the hearing the defendant stated "I've been in the Marina for 30 years and never have had any problems", I rebutted this by telling the judge that the Defendant was lying because someone in the Marina has in place a 3 year RO against him. The defendant then admitted that was true.

After the 12/31/08 hearing the Defandant told numerous people that I was getting kicked out of the Marina (not true, according to the marina office), and that I was getting sued f

So my question is... 1) Because I have exhausted my options in getting him to leave me alone, should I take the court transcript from 12/31/08 and bring it to the Harbormaster and demand that he remove the defendant from my vicinity?

2) Do I have any avenues of recourse against the Harbormaster because of this person attacking me? (i.e. the marina is not a safe place for me because of this person, and the marina is required to make sure the docks are safe)

Thanks in advance for any advice.

 

[Rexlan]

Move the boat ...

 

[sylvesterfl]

Nowhere in your post do I see mention of police reports filed. Look, I know the cops aren't good for much ... but one thing are ARE good for are for filing police reports so you can later use them in your case. If this whole case is your word, no wonder the judge isn't hip on granting you a restraining order! Put yourself in hise shoes. How does he know you aren't just .... crazy?

In short, call the COPS next time dude "hits" you.

 

[Towtheline]

Nowhere in your post do I see mention of police reports filed. Look, I know the cops aren't good for much ... but one thing are ARE good for are for filing police reports so you can later use them in your case. If this whole case is your word, no wonder the judge isn't hip on granting you a restraining order! Put yourself in hise shoes. How does he know you aren't just .... crazy?

In short, call the COPS next time dude "hits" you.

Not being one to call the cops.....I did call the cops when he attacked me (both times), ONLY because I had called the mental health people in the city and they said the only way they could get involved was if they cops were involved. SO.. The 1st time I got the incident report # from the cop and never heard back. The 2nd time I called the cops could not find me and I told them to never mind because I didn't have time to deal with it.

So I was pretty shocked that the RO didn't go permanent.


So back to my ?...Do I have any avenues of recourse against the Harbormaster because of this person attacking me? (i.e. the marina is not a safe place for me because of this person, and the marina is required to make sure the docks are safe)

 

[sylvesterfl]

The 2nd time I called the cops could not find me and I told them to never mind because I didn't have time to deal with it.

So I was pretty shocked that the RO didn't go permanent.


So back to my ?...Do I have any avenues of recourse against the Harbormaster because of this person attacking me? (i.e. the marina is not a safe place for me because of this person, and the marina is required to make sure the docks are safe)

NO! You don't because you have no case and honestly you sound like a fool and perhaps a liar. You "don't have time" to deal with it but you want action. Find some time to "deal with it" and get the cops out there. Get some evidence together. In short, get a case or get lost! How do you expect people to help you if you won't help yourself?!

 

[Towtheline]

NO! You don't because you have no case and honestly you sound like a fool and perhaps a liar. You "don't have time" to deal with it but you want action. Find some time to "deal with it" and get the cops out there. Get some evidence together. In short, get a case or get lost! How do you expect people to help you if you won't help yourself?!

Right, I does look weird that I didn't follow through when he hit me, I didn't want to press charges anyway though, just get the mental health people to see him. My bad for trying to be decent.

At the RO hearing against him he admitted he hit me. The judge asked him "did you hit him?" and he said "yes". So from that alone I was surprised the RO didn't go permanent.

 

[sylvesterfl]

Right, I does look weird that I didn't follow through when he hit me, I didn't want to press charges anyway though, just get the mental health people to see him. My bad for trying to be decent.

At the RO hearing against him he admitted he hit me. The judge asked him "did you hit him?" and he said "yes". So from that alone I was surprised the RO didn't go permanent.

This guy is not after you. It's all in your mind. If he actually HITS you again make sure you have your cell phone on and call the cops. Or, you could just push him overboard.