Legal Question in Civil Litigation in California

Civil Restraining Order

Dear Law Guru:

In the context of persistent noise violations and harassment from neighboring tenants in my Los Angeles, CA apartment building, I have sought legal advise on options. One option which I am potentially quite interested in is that of a Civil Restraining Order. The problem is that I have gotten conflicting feedback about this; some have argued that Civil Restraining orders are reserved almost exclusively for overt threats of violence, as opposed to serving as a deterrent for the many other categories of legitimate violation for which the CA civil or Local municipal codes provides specific provision. I naturally do not want to waste the $350 fee to file for pursuit of such an order, but I also do not want to fore go what may be a decisive resolving option if viable. One factor which may be critical in assessing viability, is what the evidential burden would be? Thank you, and I hope you can shed some light where I have so far gotten mostly conflicting advice.


Asked on 2/26/09, 3:10 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Civil Restraining Order

It's possible for you to get a RO on its own. Another course of action is a lawsuit for nuisance, WITH a RO request upon proof. You have to identify the parties in the RO and/or the suit and be able to serve them.

If serious about getting legal help, feel free to contact me.

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Answered on 2/26/09, 5:23 pm


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