Legal Question in Family Law in California

I have questions in regards to a restraining order. I live in CA and my ex won’t stop bugging me. We broke up about two years ago and initially she was reaching out a lot and I blocked her on everything. I told her not to contact me, and then one day she just shows up and I tell her to go away and leave me alone. That incident was almost 1 year ago. Just the other day she called me from an unknown number and left a voicemail stating she wants to see my dog and have a dog date cause she misses my dog. I never replied but I’m curious if this is something I can get a restraining order for. I have never been physically threatened. I have been cursed at and talked down to though.

Asked on 6/08/21, 10:49 am

1 Answer from Attorneys

Timothy McCormick Law Offices of Timothy McCormick

Without threats or violence, or other actual abuse, there are not grounds for a Domestic Violence Restraining Order, even though you used to date. This would come under civil harassment. However, civil harassment has to be pretty serious, constant, and out of control before a judge will issue a restraining order. A restraining order carries the threat of fines and even arrest by men with guns if it is violated. That is not something the courts will impose on someone just for being occasionally rude, annoying and/or unwelcome. Check back if her unwelcome contact becomes persistent and constant after repeated requests to be left alone, i.e., really becomes actual harassment.

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Answered on 6/08/21, 11:42 am

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