Legal Question in Criminal Law in California

I rent a storage facility, and have been harassed by a tenant on the property. He is an illegal alien (Mexican), and I attempted to help him with some part time income, gave him my cell phone to contact me about work. He sent me five text messages and four voice mails in three hours. He was threatening and then approached me at the facility. I asked him to leave me alone, and he persisted.

I want to file a complaint (harassment) and begin deporatation proceedings. How do I proceed?


Asked on 4/27/11, 8:50 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

In California, the District Attorney/ City Attorney is vested with the sole discretion of whether to file criminal complaints, or charges. You can complain to the police, but you can't initiate criminal proceedings.

In the United States, sole discretion of deportation proceedings is vested in the U.S. Immigrations and Customs Enforecment, under the Department of Homeland Security.

Your best remedy is to seek a civil harassment restraining order.

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Answered on 4/27/11, 8:58 am


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