Legal Question in Civil Litigation in California
A friend of mine is being harassed by a former boyfriend but even more so by the ex-boyfriends current girlfriend. In California, where this takes place, you cannot file a civil harassment case against a former boyfriend, you must file a domestic violence case, and vice versa for the ex-boyfriends current girlfriend. My question is: Must there be a separate lawsuit to obtain a restraining order against both parties or can it be accomplished in one case?
2 Answers from Attorneys
You must file two separate proceedings, regardless of whether they are DV or Civil Harassment. Each defendant must be named in a separate case. You also must file a notice of related case. That will almost certainly result in the court setting them to be heard together, and if it does not you can file a motion to consolidate them to be heard together.
You shouldn't and can't legally file a violence case if there is no violence. You are to file a 'harassment' case against each. Who ever told you otherwise was wildly incorrect. Civil cases are file frequently against non-related people for 'harassment' without violence.
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