Civil Harassment Restraining Order

Summary

In California, obtaining a civil harassment restraining order requires evidence of unlawful violence, credible threats, or a pattern of harassment. The presence of videos, photos, and witness testimonies significantly strengthens the case. If granted, any breach of the order, such as entering a prohibited distance or any form of communication, can be considered a violation. Attorney fees for such cases can vary, with hourly rates ranging from $150 to $400 and flat fees from $1,500 to $5,000. For FCC violations, fines start at $10,000 per violation.

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No. In backing into my parents driveway, the woman has almost struck my mother with her car twice. How does this affect the case?
The fact that the woman has almost struck your mother with her car twice makes the case stronger. It demonstrates a credible threat of violence, which is a key element the court considers when granting a civil harassment restraining order.
Would you like to know the steps to file a restraining order in Santa Clara County?
Once when I asked the neighbor to stop backing onto my parent's property, the neighbor responded, "Shut the fuck up. You and your crazy black mama"
I'm really sorry to hear that. The neighbor's racial comments further strengthen the case for harassment. This behavior could potentially be considered as both harassment and a hate crime.
If you decide to pursue a restraining order, here are the key steps:
- Complete the required forms (CH-*, CH-*, and CH-*).
- File the forms with the court.
- Serve the neighbor with the court forms.
- Attend the court hearing.
Would you like more detailed information on each step or any other assistance?
ni
Case Rating: *
I'm really sorry to hear about the harassment your parents are enduring. Given the severity and racial nature of the harassment, it significantly strengthens the case for obtaining a civil restraining order. Additionally, the neighbor's actions could be considered a hate crime.
Would you like more detailed information on each step to file a restraining order or any other specific assistance?
*no
Case Rating: *
Given the severity, repeated harassment, and racial nature of the incidents, this case appears to be strong for a civil harassment restraining order. Would you like to be connected to local lawyers who can better assist you with your case?
If the respondent in this case has prior run-in's with the law, does the judge consider this also?
Case Rating: *
Yes, the judge may consider the respondent's prior run-ins with the law when deciding on a civil harassment restraining order. A history of similar behavior can demonstrate a pattern, which may support the need for the restraining order.
The neighbor has a mixed daughter (half-black, half-mexican). Will present any type of obstacle in my parent's case?
Case Rating: *
The neighbor’s child's ethnicity should not pose an obstacle in your parents' case. The focus of the court will be on the neighbor's actions and the evidence of harassment you have provided.
Would you like to be connected to local lawyers who can better assist you with your case?
Yes. Give me a list of * law firms in the san jose/santa clara area that specialize and are successful in civil harassment
Case Rating: *
Given the severity, repeated harassment, and racial nature of the incidents, your case appears to be strong for a civil harassment restraining order. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following details to connect you with local lawyers:
*. Your phone number?
*. Your name?
*. Your email address? (optional)
*. Your zipcode?
*. A bit more information about the issue?
no personal information of mine at this time. Please just give me a list of south bay area law firms that specialize in civil harassment restraining orders
Case Rating: *
I understand your need for privacy. Here are some law firms in the South Bay area that specialize in civil harassment restraining orders:
- Kramer Radin LLP
- Temmerman, Cilley & Kohlmann, LLP
- Law Office of John A. Guthrie
- Law Offices of Thomas Chase Stutzman
- Law Offices of Brian Irion
Please visit their websites or contact them directly for more information.
Please give me a list of African-American attorneys in the Santa Clara/San Jose area that can be of assistance in civil harassment restraining orders
Case Rating: *
Unfortunately, I don't have specific listings of African-American attorneys in the Santa Clara/San Jose area specializing in civil harassment restraining orders. However, you may want to consider contacting the Santa Clara County Bar Association for referrals. They can provide you with a list of attorneys who meet your specific needs.
Would you like any additional information or assistance?
Also, i am fairly certain that my parent's neighbor is jamming their wireless security camera as well. In my last interaction with the neighbor, she made the comment, "You thought you were gonna get a video, haha!" all-but confirming my mother and my suspicions that she has been jamming the camera for some time (since it never catches her coming and going but it catches everything else, and only seems to lag and cut out when she is there). Is this something to mention in the case? and how might this be used in further complaints/filings (such as an FCC violation complaint)?
Case Rating: *
The suspicion that the neighbor is jamming the wireless security camera could be relevant. It may indicate an attempt to interfere with evidence collection, which can further support the need for a restraining order. To address FCC violations, you can file a complaint with the FCC.
Would you like to know how to file an FCC complaint?
would/could my testimony be used by the FCC if the complaint was filed following the civil harassment hearing?
Case Rating: *
Yes, your testimony could be used by the FCC if the complaint is filed following the civil harassment hearing. The FCC investigates interference with wireless communications, and your evidence and testimony could help in their investigation.
Would you like more information on how to file an FCC complaint?
what would the minimum penalty be FCC violations, such as in this case?
Case Rating: *
For FCC violations involving interference with wireless communications, penalties can vary. The minimum penalty can include fines starting at $*,* per violation. Serious offenses might incur higher fines or additional legal consequences.
Would you like more information on filing an FCC complaint?
what would be considered "serious" offenses?
Case Rating: *
In terms of FCC violations, "serious" offenses might include:
- Deliberate interference with emergency communications.
- Repeated violations demonstrating a pattern of interference.
- Interference causing significant harm or danger.
Would you like to be connected to local lawyers who can better assist you with your case?
what methods do the FCC currently employ to verify and catch violators?
Case Rating: *
The FCC employs various methods to verify and catch violators, including:
- Spectrum Monitoring: Using equipment to monitor and detect unauthorized signals.
- Field Inspections: Performing on-site inspections to investigate complaints.
- Collaboration: Working with other federal agencies and law enforcement.
- Public Complaints: Investigating complaints from the public.
Would you like more information on any specific method?
does the FCC employ drones or unmanned devices to detect violations?
Case Rating: *
Hi! The FCC does not typically use drones or unmanned devices to detect violations. They primarily rely on spectrum monitoring equipment, field inspections, collaboration with other agencies, and public complaints.
Is there anything else you need help with?
seeing as how my parent's harassing neighbor lives directly across the street, what would be the most likely penalty if she is found guilty and a CHRO is placed on her?
Case Rating: *
If your parents' harassing neighbor is found guilty and a Civil Harassment Restraining Order (CHRO) is placed on her, the penalties may include:
- Prohibition from contacting or approaching your parents.
- Being required to stay a certain distance away from your parents' property.
- Potential fines or other legal consequences for any violations of the order.
Would you need any other information or assistance?
specifically how far would she be required to stay away from my parents and their property?
Case Rating: *
In California, a Civil Harassment Restraining Order typically requires the restrained person to stay a certain distance away from the protected person and their property. The specific distance can vary but is often * yards (* feet). However, the judge has discretion and can adjust this based on the specific circumstances of the case.
Would you need any more information or assistance?
if the neighbor is not the owner of the house, then what? (her parents own the home, she lives there with her daughter)
Case Rating: *
If the neighbor is not the owner of the house but lives there with her parents, the restraining order would still apply to her personally. She would be required to maintain the specified distance from your parents and their property, irrespective of her living situation.
Would you like any more information or assistance?
If the neighbor has interacted and harassed me as well, am I a third-party?
Case Rating: *
In this context, you would not be considered a third-party. You are directly involved and have experienced harassment from the neighbor yourself. This could further strengthen your parents' case as it demonstrates a pattern of behavior affecting multiple individuals.
Would you like any additional information or assistance?
if my sister has had no interaction with the harassing neighbor but is aware of it, can she be the third party?
Case Rating: *
In this scenario, your sister, who is aware of the harassment but has had no direct interaction with the neighbor, would not typically be considered a third-party in the legal sense. She could, however, serve as a witness to the events, providing additional support for your parents' claims.
Would you like any additional information or assistance?
would my cousin be considered a third party if he never interacted with the harassing neighbor but is aware?
Case Rating: *
If your cousin has never interacted with the harassing neighbor but is aware of the situation, they would not be considered a third party in the legal sense. They could serve as a witness, supporting the case with any relevant observations or knowledge they have.
Is there anything else you need help with?
if my parents have two dozen videos and a dozen security camera photos of the neighbor backing onto my parents property (with the no trespassing sign posted), my witness testimony and my sister's witness testimony, and my neighbor has * evidence, what is the probability that a restraining order will be issued to my parent's harassing neighbor?
Case Rating: *
Given the substantial evidence, including videos, photos, and witness testimonies, the likelihood of obtaining a restraining order is very high. The evidence of repeated harassment and threats significantly strengthens the case.
Would you like to be connected to local lawyers who can better assist you with your case?
if the restraining order is granted, what is the smallest incident required for the harassing neighbor to violate the order and to justify my parents contacting police?
Case Rating: *
Once a restraining order is granted, any breach of its terms can be considered a violation. This includes:
- Entering the prohibited distance around your parents' property.
- Any form of communication with them, including verbal or written.
- Any act of intimidation or harassment.
Would you like to be connected to local lawyers who can better assist you with your case?
would flipping off my parents or their cameras be a violation of the restraining order?
Case Rating: *
Flipping off your parents or their cameras could potentially be considered a violation of the restraining order, especially if it is part of a pattern of harassment or intimidation.
Would you like more detailed information or any other assistance?
typically how much are attorney fees for the petitioner or a civil harassment case?
Case Rating: *
Attorney fees for a petitioner in a civil harassment case in California can vary widely. Generally, you might expect:
- Hourly Rates: $* to $* per hour.
- Flat Fees: $*,* to $*,* depending on the complexity of the case.
Would you like any additional information or assistance?