Legal Question in Civil Litigation in California

Hello,

I was just granted a temporary restraining order against a roommate. He can't come within 1 yard of me or contact me directly or indirectly in anyway (THANK GOD!). Truly it does make me feel better but I still have questions. If he is in a common area room such as the living room watching TV, can I enter that room? Would that force him out of the room? I just don't know if the next harassment by him will be claiming the common areas so I am forced to stay in my room. Additionally, could he sit a yard away (or more) and just watch me? I feel like that is a form of intimidation but is it something I could report?

A little background is that I hardly know the man but unfortunately share a home with him. He is 17 years older than me and follows, harasses me, tries to record me, taunts me if I ignore him, follows me inside and outside the home... and he does this in front of other roommates and in front of my guests, not only when I am alone. I act as if he doesn't exist and he still talks at me, even through my shut and locked bedroom door. He has even started harassing my brother and tries talking about me to my brother, luckily we were able to add my brother to the order. This guy is unstable or is pulling some kind of con. Either way I am scared of him and want to be left alone. He will be given a 30-day notice to move out but I am curtain he will challenge, delay, ANYTHING to stay and harass me. He enjoys it. Sadly, he is an elementary school teacher, could a restraining order effect his employment? (That isn't my goal to cause him harm in anyway, I only want to be left alone but I am curious because that could be a reason for him to comply with the temporary order in hopes it gets dropped at the hearing). I highly doubt it will be dropped with the witnesses supporting my statements, there are multiple.

Thanks for any advice or clarification. Additionally, this is in San Mateo County, CA.


Asked on 10/31/12, 2:21 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

The granting of a temporary restraining order is only the first step and your housemate will have an opportunity to challenge what you have filed as well as the practical terms of the order as issued. My recommendations are that you consider one of the following three options:

(a) go somewhere else until he actually leaves the property;

(b) negotiate a move-out agreement with him that will allow him to leave as soon as possible, possibly with a refund of his security deposit and the agreement to dismiss the action as there may be some negative impacts on his teaching credential;

(c) if you must remain in the home that you are sharing, stay as far away from the other person as possible. This means if he enters a common area, you leave.

Remember the Restraining Order applies to both of you. If you appear to be allowing him to be closer to you than the RO allows, then you are providing your "housemate" with an argument that the RO is not really necessary. On the other hand, if you have to move in with a friend or family member, given the severity or your concerns, this will be evidence of the need to for the defendant in this matter to go somewhere else.

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Answered on 10/31/12, 2:48 pm


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