Legal Question in Discrimination Law in California
Can i get a restraining order on someone who is causing me emotional and physical stress. The person continues to be around where i am, which causes me to get anxiety attacks, head aches, knots in my stomach. He doesnt say say anything but his presence alone is enough to cause emotional pain. Can i get a restraining order?
1 Answer from Attorneys
No. The government has no right to infringe a person's Fifth Amendment right to "liberty," including the right to be any place they can lawfully be and go any place they can lawfully go, without just cause. The mere fact that another person is upset by a person's presence is not just cause to infringe on a person's constitutional rights. Restraining orders are used to prevent crimes of harassment, stalking, threats and violence, not to protect people's tender feelings.
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