QUESTION
Is it possible to get a restraining order against my neighbor for assaulting my daughter?
Asked on Jan 15th, 2012 on Criminal Law - Georgia
More details to this question:
My little girl was sexually abused by our next door neighbor's little girl. The police were called and a complaint was filed. DFS talked to my little girl but it did not go any further than that. During the first few weeks the mother would not leave us alone even after I asked her to. Finally she left us alone until just the other day. My husband made the mistake of running inside to get something. She was left alone outside playing. She is nine. The woman came home and said something nasty to her. I confronted her, asking her to not speak to my daughter. She was cruel and mean, even admitted she has tried to communicate with her at school. The school has been working hard to keep the other girl away from my daughter but this worries me. DFS never took the time to find out what happened to the other little girl. The woman lives very close, condos, doors side by side. After I confronted her someone came over to her home and started yelling. So loud it could be heard through the wall. We heard some of what was said. It was treating. My question is, is there any way of getting a restraining order with them right next door? Her word against ours?
18 ANSWERS
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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It is possible to get a restraining order.
Answered on Jun 20th, 2013 at 1:03 AM
Steven D. Dunnings
All you can do is try.
Answered on Jun 20th, 2013 at 1:03 AM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Yes it is possible to get a restraining order pm a neighbor.
Answered on Jun 02nd, 2013 at 8:37 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes.
Answered on May 30th, 2013 at 10:04 PM
Michael J. Breczinski
In Michigan these are called Personal Protection Orders. You go to the Circuit Court and can fill out the paper work yourself. They are made to be able to be gotten without an attorney.
Answered on Jan 24th, 2012 at 11:57 AM
You can seek a TRO. It would be best to hire an attorney since the rules of evidence apply at a TRO and you want to make sure that you put forward the best case. Since there may also be implications w/ re to CPS and criminal charges, it is best to speak with an attorney.
Answered on Jan 24th, 2012 at 7:57 AM
With respect to the girl who victimized your daughter, via the District Attorney you could they could seek a criminal protective order to keep her away from your daughter. However, as to the mother who is not within the jurisdiction of the court because of the criminal complaint you would have to seek a civil restraining order, which under the circumstances would not be difficult to obtain. There is a lot of information available through the California Supreme Court website on how to obtain a civil restraning order, or you can seek the assistance of an attorney.
Answered on Jan 23rd, 2012 at 11:31 AM
Yes, you can ask for a Protective Order. Call your local victim's advocate and they will help you file out the papers. I think that it will be a complicated PO to enforce since you live so close to each other. Be sure that the Victim's Advocate understands the physical issues involved in the apartment complex.
Answered on Jan 20th, 2012 at 9:35 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Yes, you could petition the court for a civil protective order. If the neighbor spoke with your child in an effort to get her to recant or to intimidate her from testifying, that in itself is a crime. Report the contact to the Police. If the DA is investigates and charges her you could ask for a criminal protective order.
Answered on Jan 19th, 2012 at 4:28 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, you can get a restraining order against her. The best thing for you to do is meet with an attorney who can tell you how this process works.
Answered on Jan 19th, 2012 at 4:27 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Yes. That is a civil matter (it surprises me that the DA hasn't filed juvenile petition against the perp but oh well). You can consult a lawyer about this. Bottom line is that "he said, she said" is still evidence. It comes down to who the judge believes.
Answered on Jan 19th, 2012 at 2:51 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. You won't get a protective order without a criminal charge.
Answered on Jan 19th, 2012 at 9:35 AM
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YES. You need to file a Petition for Injunction. Probably should retain counsel if you are not sure how to proceed. Every Clerk's office has an "Injunction Clerk". You should see said "Injunction Clerk" tomorrow.
Answered on Jan 19th, 2012 at 9:28 AM
Jacob P. Sartz
I'd recommend you retain a lawyer to assist you with this matter. These matters can be tricky and need to be presented properly before the court for them to be granted. Speaking generally, restraining orders and PPO's are handled by filing a motion through the local family court in your county. The court clerk's office will have the appropriate forms. People filing these motions need to document all the instances of violent and threatening behavior and attach any proof with their motion (threatening text messages, e-mails, police reports, etc.). They'll need documented instances of violent and threatening behavior with proof and potential witnesses available to testify; preferably at least wo or more instances. These motions may be filed, served, and granted ex-parte and the opposing party has an opportunity to file an answer and request a hearing. Given the potential complexity and explosive nature of your particular situation, I strongly urge you to obtain legal council to assist you with this matter. If you cannot afford legal council, there may be groups in your area such as legal aid that can assist you and provide you with free advice.
Answered on Jan 19th, 2012 at 9:13 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can definitely trespass warn her not to come onto your property. I would contact the officers who investigated the sexual assault or other local officers and have them come out and witness it and put it "on file" with their department. Have you followed up with the police? (If they are both 9 that could be why they are not really doing anything.) If problems continue, you can get a lawyer to write her a "cease and desist" letter (which has no real legal effect but might work to keep her away from your family.) You can also notify the school - if not with the details then at least with sufficient information that it is clear that you do not want any of them around your child. If they make threats against you or anyone in your family, call police. Those are terroristic threats and against the law. I would sell and move.
Answered on Jan 19th, 2012 at 9:10 AM
Yes, you can apply for an anti-harassment order at your local courthouse.
Answered on Jan 19th, 2012 at 9:06 AM
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Yes you can - Information about and forms for requesting restraining orders can be found here: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=24
Answered on Jan 19th, 2012 at 8:41 AM
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Only the DA or the police can give you a restraining order. Try and file another police report. Then the DA has to pick up the case. And then you get a restraining order. Short of that, you would have to file one civilly through filing a lawsuit against your neighbor.
Answered on Jan 19th, 2012 at 8:41 AM