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indirect contact on restraining orders and neighbors

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What is the name of your state? Caliornia

I live 2 houses away from a neighbor , her house is on my side, not facing me. Anyways the other day i was outside sitting on a chair doing some spanish hw, and from the corner of my eye i see the my neighbors mom ( her daughter gave me a restraining order)staring at me, then she yells LOSER out loud wich upset me the least. Being this is my house and i was in my yard doing my own thing .

Now i was upset to say the least, everytime i go outside to do whatever in my frontyard, yard work ect or just relaxing to washing my car, i feel like my nieghbors mom is always keeping a constant watch on me, Now im know im not doing anything illegal, i consulted a attorney wich told me about ca laws, couse i obtained a police report where she said that everytime i pass by her house i look at her house, and my attorney said theres nothing illegal about that. note, also i live in a dead end lane , i have to pass by her house to get out of my block or to come back.

Now her paranoia is something im concerned about, just couse of unjust motives that may appear. I would like peace and resolve in this situation. But i believe it has turned into a power struggle. And one i dont want anything to do with.
 


Just Blue

Senior Member
What is the name of your state? Caliornia

I live 2 houses away from a neighbor , her house is on my side, not facing me. Anyways the other day i was outside sitting on a chair doing some spanish hw, and from the corner of my eye i see the my neighbors mom ( her daughter gave me a restraining order)staring at me, then she yells LOSER out loud wich upset me the least. Being this is my house and i was in my yard doing my own thing .

Now i was upset to say the least, everytime i go outside to do whatever in my frontyard, yard work ect or just relaxing to washing my car, i feel like my nieghbors mom is always keeping a constant watch on me, Now im know im not doing anything illegal, i consulted a attorney wich told me about ca laws, couse i obtained a police report where she said that everytime i pass by her house i look at her house, and my attorney said theres nothing illegal about that. note, also i live in a dead end lane , i have to pass by her house to get out of my block or to come back.

Now her paranoia is something im concerned about, just couse of unjust motives that may appear. I would like peace and resolve in this situation. But i believe it has turned into a power struggle. And one i dont want anything to do with.

Speed...There is something wrong with you...Please..PLEASE...Get some help..
 

seniorjudge

Senior Member
What is the name of your state? Caliornia

I live 2 houses away from a neighbor , her house is on my side, not facing me. Anyways the other day i was outside sitting on a chair doing some spanish hw, and from the corner of my eye i see the my neighbors mom ( her daughter gave me a restraining order)staring at me, then she yells LOSER out loud wich upset me the least. Being this is my house and i was in my yard doing my own thing .

Now i was upset to say the least, everytime i go outside to do whatever in my frontyard, yard work ect or just relaxing to washing my car, i feel like my nieghbors mom is always keeping a constant watch on me, Now im know im not doing anything illegal, i consulted a attorney wich told me about ca laws, couse i obtained a police report where she said that everytime i pass by her house i look at her house, and my attorney said theres nothing illegal about that. note, also i live in a dead end lane , i have to pass by her house to get out of my block or to come back.

Now her paranoia is something im concerned about, just couse of unjust motives that may appear. I would like peace and resolve in this situation. But i believe it has turned into a power struggle. And one i dont want anything to do with.
Most of popular culture is lost on me...what is spanish hw?
 
You are restrained from both of them or the mother?
If it's the mother, isn't the daughter listed on the RO?
This is a civil RO not a DV?

"There is no law against yelling the word loser. Especially if there is a an element of truth in it. " fairisfair

There is a law about harassment....You mention this is continous? Are you documenting?
 

CdwJava

Senior Member
its_kathie said:
"There is no law against yelling the word loser. Especially if there is a an element of truth in it. " fairisfair

There is a law about harassment....You mention this is continous? Are you documenting?
Actually, there is no direct law in CA concerning "harassment" so long as the activity is not otherwise unlawful or in violation of a restraining order.

We get quite annoyed when we get calls from people that say, "He looked at me funny," or, "He called me a bad name." Neither of these is a violation of the law, and aside from playing mediator, there is nothing the police can really do to compel an end to the activity between two people that have some kind of a beef.

Actually, the MOST annoying types of calls are when a parent calls us to deal with their out of control 7 year old!! Yes, we do get those - a couple times a week! Ohmigod!

- Carl
 

fairisfair

Senior Member
You are restrained from both of them or the mother?
If it's the mother, isn't the daughter listed on the RO?
This is a civil RO not a DV?

"There is no law against yelling the word loser. Especially if there is a an element of truth in it. " fairisfair

There is a law about harassment....You mention this is continous? Are you documenting?
Really, where does he mention that this is continuous?? He does say that the yeller has told the police that HIS harrassment of THEM is continuous, to the point of issuance of a restraining order.

You really need to check this poster's history before you jump on the bandwagon:rolleyes:
 

fairisfair

Senior Member
Actually, there is no direct law in CA concerning "harassment" so long as the activity is not otherwise unlawful or in violation of a restraining order.

We get quite annoyed when we get calls from people that say, "He looked at me funny," or, "He called me a bad name." Neither of these is a violation of the law, and aside from playing mediator, there is nothing the police can really do to compel an end to the activity between two people that have some kind of a beef.

Actually, the MOST annoying types of calls are when a parent calls us to deal with their out of control 7 year old!! Yes, we do get those - a couple times a week! Ohmigod!

- Carl


Tell them to call Nanny 911 instead of Carl 911. LOL ;) :D
 
the harassment was not continues at all, she illegally obtained a restraining order and made false police reports. She deliberately lied on the restrainig order to get one. I can fight it and will soon , after i fight it i will sue her for damanges and im hoping she will face perjury charges for what shes done, Ill say it once and again the restraiinig order was illegally obtained and did not follow the legal standards for a restraining order to be given. If anything the judge granted the restraining order just so that their could be no harrassment to occure,and not to stop harassment couse harassment didnt occure ,i dont care about her mom calling me a loser, i said i wanted pease and resolve in the issue.

The restraining order is as goes : No contact orders, and personal conduct orders. thats it and no her mom is not on the protected person list.
 
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Really, where does he mention that this is continuous?? He does say that the yeller has told the police that HIS harrassment of THEM is continuous, to the point of issuance of a restraining order.

You really need to check this poster's history before you jump on the bandwagon:rolleyes:
no, my harassment was not continuous at all, the restraining order was illegally obtained, harassment didnt occure,

So u give me more reason to fight the restraining order being that a restraining order is suppossed to be issued for continuous harassment.

Her restraining order was granted to stop any harassment that MIGHT occure. It wasnt to stop harassment that was occuring . So anyways like i said, under california state laws this isnt enough for a restraining order to be granted. ANd being that she LIED ON IT TO OBTAIN IT, SHE WAS TRYING TO FOrCE ME AWAY FROM MY HOME BY MAKING LIES, CAN SOMEONE SAY FRUAD UPON THE COURT!!!!! PERJURY, DAMN THE COURTS SHOULD REALLY START CHARGING PEOPLE WITH PERJURY.
 
Actually, there is no direct law in CA concerning "harassment" so long as the activity is not otherwise unlawful or in violation of a restraining order.


- Carl

Carl, Please refer to California CC 527.6 It refers to harassment specifically
 
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fairisfair

Senior Member
no, my harassment was not continuous at all, the restraining order was illegally obtained, harassment didnt occure,

So u give me more reason to fight the restraining order being that a restraining order is suppossed to be issued for continuous harassment.

Her restraining order was granted to stop any harassment that MIGHT occure. It wasnt to stop harassment that was occuring . So anyways like i said, under california state laws this isnt enough for a restraining order to be granted. ANd being that she LIED ON IT TO OBTAIN IT, SHE WAS TRYING TO FOrCE ME AWAY FROM MY HOME BY MAKING LIES, CAN SOMEONE SAY FRUAD UPON THE COURT!!!!! PERJURY, DAMN THE COURTS SHOULD REALLY START CHARGING PEOPLE WITH PERJURY.
The court heard her, it determined her story to be believable and therefore factual. That eliminates any worries for her regarding perury.
 
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CdwJava

Senior Member
speedallurement said:
She deliberately lied on the restrainig order to get one. I can fight it and will soon , after i fight it i will sue her for damanges and im hoping she will face perjury charges for what shes done,
You'll have to talk to the DA on that one. Perjury is very rarely brought against someone unless the accusations presented in court can be PROVEN to have been knowingly and intentionally false. This is a Herculean feat, and even people who lied on the stand on TV have not been prosecuted due to questions of interpretation, intent, and knowledge.

However, a suit in civil court only has to meet the threshold of preponderance of the evidence (criminal court requires proof beyond a reasonable doubt). So the civil suit is likely your only real recourse unless you have the plaintiff's confession to knowingly lying in court to get the order issued.


- Carl
 
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