...
...
Posted by Judith (Judith) on 4/20/2008, 3:24 pm, in reply to "Please be careful, Judith"
after I return her doll and plates. Here is some information I got off a website of a NJ attorney about civil restraining orders. If she persists with contact after this one incident, I will have to pursue legal recourse. I don't believe fling a complaint and having it heard in municipal court will result in a civil harassment restraining order. But, with regard to the latter, it has to be done than one incident. (See below.) Another reason I don't want to file the complaint and have it end up in court is that it will greatly prolong her being a factor in my life and I would have to see her in court.
Elements of Civil Harassment
The elements of civil harassment vary by state. However, the elements are similar in all states. In California, a person may file a civil harassment complaint if:
(1) the conduct of the person against whom the complaint is filed (the "defendant") is intentional;
(2) the defendant has done a series of acts (more than one act) that seriously alarms, annoys, or harasses the person filing the complaint (the "complainant");
(3) the complainant has suffered significant emotional distress; and
(4) the defendant's conduct is unjustified and is not protected by law.
Restraining Orders
If the complainant proves that the defendants has engaged in civil harassment, a court may issue a restraining order. The order may prohibit the defendant from:
(1) contacting the complainant in any way;
(2) engaging in further harassment of the complainant; and
(3) coming within close physical proximity of the complainant.
The order may also protect members of the complainant's family and persons who live with the complainant.
| 53 |
|
Responses:
|
...
...