Go to the clerk of the court in the county where you reside. The process for obtaining a restraining order is established in the code of civil procedure in force in your state, according to "Civil Procedure" by Stephen C. Yeazell. Go to the clerk of the court in the county where you reside. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. It's likely you will have to show fairly extensive evidence that your neighbor poses a threat before you get an order demanding maintenance of a safe distance. What the order will restrict is whatever you can specifically show the court has been taking place and is threatening to you. Firefox, or Anyone fearing for their safety can seek restraining orders from the local court. Are you a legal professional? Can you get a restraining order in the uk to stop neighbours on a shared drive from approaching you withing say 10 yards? Request a petition for restraining order form. Many times clients contact our offices about whether or not they can file a restraining order against their neighbor who they believe is harassing them, etc. To the extent that your neighbor is correct (if petty) about your being in violation of local ordinances, all you can do is either correct the violations/comply or move. In the petition, you set forth that your neighbors engage in a pattern and practice of harassing behavior that interferes with your ability to enjoy your home. Get help filling out the appropriate forms and handling the hearing in court. In San Diego, you can file a restraining order (Civil Harassment Restraining Order) against a neighbor who is stalking, threatening, harassing or sexually assaulting you. Copyright © 2021, Thomson Reuters. If you find yourself struggling with neighbors who disturb your peace, harass you or otherwise interfere with your quiet enjoyment of your home, you have the ability to seek a restraining order against them. Tell your story. After a judge grants an injunction or restraining order, if your neighbor violates the terms, they could get arrested and jailed. After a judge grants a restraining order or injunction, if the terms get violated, your neighbor could get arrested and jailed. Sometimes dealing with bad neighbors rises to the level of a major problem. But because you are seeking to restrict someone's freedom, it's not easy to get a restraining order and you will have to show evidence that contact is dangerous or threatening before a judge can order someone to stay away, especially your neighbor. Mike Broemmel began writing in 1982. The typical court clerk maintains a set of forms for people who need to pursue a case in court but do not retain attorneys. Apart from specifying the distance that a dangerous person must keep from someone they are threatening, a restraining order can prohibit specific behaviors or actions. Complete the affidavit associated with the restraining order. Request the clerk to direct the sheriff's department to serve the petition for restraining order on your neighbors. The clerk provides you specific information on the required fee. Requested petitions are typically seen by a judge and ruled on the same day. A return hearing must be scheduled within 15 days in order to comply with the Respondent’s right to … The initial hearing date will be set within about a week from the filing of the petition. When the person who you want to restrain is your neighbor, the proximity of your living spaces certainly complicates matters. A man and a woman who say a neighbor has made their a life a nightmare — including allegedly injuring the man with bear spray in November — have taken out restraining orders against him. Read on to learn about getting a restraining order against a harassing neighbour. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and. Can I Get a Restraining Order Against My Neighbor. “It’s horrible.” Mason ultimately resorted to filing a restraining order against his neighbors in an effort to ensure they cannot come within 100 feet of … All rights reserved. If you are having a dispute with a neighbor and seek a restraining order, you will have to show the court how your neighbor's proximity threatens your safety. Depending on the severity of the violation or the number of occurrences, your neighbor might get charged with a felony, which results in stiffer penalties. A restraining order is a court order that prevents your neighbor from contacting or approaching you or anyone in your household, whether you’re at home or in a public setting. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The judge may then grant a temporary restraining order (TRO), good for 14 days.And if the threat … A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Read More: How to Find Out If There Is a Restraining Order Out on Me? A civil harassment restraining order can allow you to address specific problematic behaviors on the part of your neighbor without necessarily forcing them to move to a new location. The restraining order, for example, could specifically prohibit them from contacting you online, attempting to knock on your door or engaging in abusive behaviors, such as … Included with the petition for restraining order is an affidavit as well as instructions to complete both forms. Violation of a Superior Court restraining order does not constitute a crime. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." The best way to prove anything is with details. Keep in mind that you can’t just bring the police in and start taking legal action right away. The court does not make an effort to determine whether the allegations are true at this stage. We have three assault cases logged with the police - one of which is going to trial, the other two the CPS dropped. What Is a Restraining Order? December 23, 2020 Updated: December 23, 2020. bigger smaller. Return to the clerk of the court and file the petition. ROCKLIN (CBS13) — A Rocklin man has filed a restraining order against his neighbor, alleging his neighbor harassed him over his support of President Donald Trump. If you're concerned about a neighbor's behavior or otherwise need assistance with a legal matter, talk to a lawyer. The restraining order would prevent the children from coming within 100 feet of Mason’s home. 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