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How easy is it to get a restraining order (California)?

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  • How easy is it to get a restraining order (California)?

    My landlord is fabricating things and with the settlement check she sent me I got another ranting letter deflecting blame from her, and putting it on me, and threatened to get a restraining order against me.

    A restraining order against an aspiring LEO, and someone seeking a military clearance would kill me. Not to mention my whole firearms ownership.

    I avoid contact with this sociopath at all costs. I’ve only approached getting my deposit back civilly and through small claims.

    I did however file a police report for burglary with her as the suspect. Call it petty if you want. All the elements where there (it’s not a false report), and I know it won’t go anywhere because it’s a matter of he said she said.

    However, she is now on record in the police report as stating to having taken pictures of the inside of my home (invasion of privacy, and I could use this police report as evidence as such for a minimum $2,500 civil claim if I wanted). So that police report was worth it to get that on record. "she's claiming to be afraid of me, and SHE'S the one entering my home at will and taking pictures".

    But in the end I’m sure she’s really ticked off about that burglary report she got confronted with. So what would she need to prove in order to levy a restraining order against me?

    A civil claim for invasion of privacy is an ace I’m keeping in reserve. I haven’t mentioned it to her, but I would of course follow through with an undisclosed amount and use a lawyer to counter a restraining order, and I’d go after as much as I could for the invasion of privacy.

    What ticks me off the most is she say's she's afraid for her life. I just had this overwhelming bad sense about this wacko, and choose my words carefully. I've only called her unethical and a liar. No vulgarity and I don't threaten legal action. I do it. I don't even use the court system to threaten people. I just do it.

    Sigh..........

    This might actually help me in a future LEO interview. It's not the same, but how do you deal with false accusations against you, and you are served and have to deal with it.

    My sense is she’s using the fear of a restraining order against me. If I didn’t own firearms, going for a military clearance or be seeking future LEO jobs a restraining order wouldn’t impact my life one bit. I already stay the [email protected] away from her.
    _____________
    "Corruptisima republica plurimae leges."

    "The more corrupt the state, the more numerous the laws."
    - Cornelius Tacitus

  • #2
    Originally posted by SCV-Sop View Post
    My landlord is fabricating things what things? and with the settlement check she sent me I got another ranting letter deflecting blame from her, and putting it on me, and threatened to get a restraining order against me. Please clarify the whole situation in this paragraph

    A restraining order against an aspiring LEO, and someone seeking a military clearance would kill me. Not to mention my whole firearms ownership.

    I avoid contact with this sociopath at all costs. I’ve only approached getting my deposit back civilly and through small claims. keep it in court. Do not approach her at all!

    I did however file a police report for burglary with her as the suspect. Call it petty if you want. All the elements where there (it’s not a false report), and I know it won’t go anywhere because it’s a matter of he said she said.

    However, she is now on record in the police report as stating to having taken pictures of the inside of my home (invasion of privacy, was this while you were living in your home or after you had moved out? and I could use this police report as evidence as such for a minimum $2,500 civil claim if I wanted). So that police report was worth it to get that on record. "she's claiming to be afraid of me, and SHE'S the one entering my home at will and taking pictures". I don't know your State's specific laws surrounding landlord/lessee but in NY they have to give you 24 hour notice if they need access to your apartment but not if an emergency is present. Did you trash the place? Was there any structural damage?

    But in the end I’m sure she’s really ticked off about that burglary report she got confronted with. So what would she need to prove in order to levy a restraining order against me? it all depends on your states coded Google them.

    A civil claim for invasion of privacy is an ace I’m keeping in reserve. I haven’t mentioned it to her, but I would of course follow through with an undisclosed amount and use a lawyer to counter a restraining order, and I’d go after as much as I could for the invasion of privacy.

    What ticks me off the most is she say's she's afraid for her life. I just had this overwhelming bad sense about this wacko, and choose my words carefully. I've only called her unethical and a liar. No vulgarity and I don't threaten legal action. I do it. I don't even use the court system to threaten people. I just do it. stay away from her at all costs

    Sigh..........

    This might actually help me in a future LEO interview. no it wont It's not the same, but how do you deal with false accusations against you, and you are served and have to deal with it. you would have to deal with it civil courts

    My sense is she’s using the fear of a restraining order against me. If I didn’t own firearms, careful here, if she says you used, showed or even say gun to/around her your screwed going for a military clearance or be seeking future LEO jobs a restraining order wouldn’t impact my life one bit. I already stay the [email protected] away from her.
    Last edited by Buffaloboy; 05-11-2011, 11:15 PM.
    Ignore List : Bearcat357, Blackavar

    Comment


    • #3
      Hire an attorney that is familiar with civil court injunctions. Filing the burglary report was a HUGE mistake on your part, as it gave her more reason to mess with you. At this point, hire a good attorney and let the attorney take care of things.

      BTW, I have a buddy that got his TS clearance despite having a 3 year injunction from his neighbor. A TRO or other injunction won't necessarily bar you from getting a clearance.
      Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

      Comment


      • #4
        Does she have any claim for obtaining a restraining order? Has she ever claimed that you have threatened her with violence?

        A civil injunction vs. a TRO (Domestic violence) does not automatically bar you from firearms.

        In the process she would have to first go to the court and swear out an affidavit alledging threats or history of violence on your part that cause her to be in fear. The court then MAY grant a temporary order pending a court hearing. You have to be served with the order than a court date would be set where you would get to argue why the order should not go into effect. I would make sure you have no contact with her at all unless there were other people around to witness what transpired.


        Since she would be the one seeking the order the burden of proof is on her that you are a threat to her well being (physically)
        Today's Quote:

        "The difference between stupidity and genius is that genius has its limits."
        Albert Einstein

        Comment


        • #5
          She has to go to an Order to Show Cause (OSC) hearing at the Family Court Division. Where did this take place? San Jose, Morgan Hill? Cupertino? These questions are going to help direct you to the right courthouse.

          Your landlord will have present her case before a judge. The judge will decide, then YOUR LANDORD will have to find someone to serve you with the paperwork.

          If you have not already, you should seek proper legal council. A-A-C is not the best place to pose this question since this involves so many variables.

          Which Agency did you file the burglary report with?
          semper destravit

          Comment


          • #6
            Dunno.. why you are on a police forum talking with strangers.... Hire a good attorney. Might be expensive? But worth it.

            Comment


            • #7
              You need an attorney.



              Originally posted by Buffaloboy View Post
              ...
              He has a long post concerning all the details

              http://forums.officer.com/forums/sho...t=#post2737298

              http://forums.officer.com/forums/sho...t=#post2667904
              Last edited by Iowa #1603; 05-12-2011, 08:28 AM.
              Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

              My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

              Comment


              • #8
                I would be ****ed off too if you filed a bogus 459 report on me. Think you might have something to do with all this drama? Yep. Just because you went to an academy does NOT make you a law expert. First fatal fail.
                Free Deke O'Mally!!!

                Comment


                • #9
                  Thank you folks. Legal consultation is being sought.

                  My overwhelming issue is I don’t like being pushed around and I push back, and I don’t like loose ends. So I act in any proactive legal and legitimate way I can.

                  This whole experience has been a slow escalation of my trying to get my deposit back.

                  I know you all like facts and more information. I will try and be brief in my summary.

                  1) I moved out 11-30-2011 per lease terms. I returned the keys and gave my forwarding information.
                  2) Per the lease 30 days are given to return the deposit and make any claims. Per my state law it is 21 days.
                  3) I let all of December pass and send a letter in the first week and Jan requesting my deposit. I get no response. I’ve left my first voice message at this point.
                  4) I let two weeks pass and sent a certified letter (repeating what I send in #3), and leave a second voice message. I’ve enclosed a self addressed envelope.
                  5) Early Feb 2011 I get a voice message from her saying I damaged her plumbing and that she is having it fixed, and will give me the remainder of my deposit by the end of the week. Her first contact with me is 63 days after the expiration of the lease terms.
                  a. I let the week pass trying to gauge what to do, because if I get most my deposit back at this point I’ll just let it go. The week passes, and nothing.
                  6) I send a second certified letter (along with a duplicate regular mail letter), and a second self addressed stamped envelope. The reason I sent duplicate letters is because the certified letters are coming back to me unclaimed. She is ignoring them. This time my second letter references the CA law in relation to the 21 day limits on deposits.
                  7) She called me again and we shared a 2 sentence conversation. She said she had the remainder of my deposit, and to which I said “Is $1,000 the full amount”, and hung up. She called me back and now escalated her claims against me pointing to the illegal things I was doing (referencing my completely legal reloading activity).
                  a. I let another week pass just out of curiosity to see what amount she is going to give me back. Again nothing.
                  8) It’s now March 2011 and I’m done. I file small claims. I use a professional serving company to serve her.
                  9) She counter sues me of course, and dragging out it like usual she actually fails to serve me outside the two week window before our court date. I am given the option for a continuance by the judge but I give it up.
                  10) It is important to mention that she counter sues me for $2,000, and the first time I am communicated this amount is when I am served. So we are now more than three months out and in all my efforts to communicate in my slowly escalating process I am finally given a number by her.
                  a. First it was I messed up her plumbing, and I’ll get back my deposit in a week.
                  b. Then it was I was doing illegal activities and she had the remainder of my deposit.
                  c. Then we’re now in court and it’s now I owe her another $1000 because the needs the entire place repainted and re- carpeted
                  Are you seeing the abusive pattern here folks?

                  11) We settle through mediation. She didn’t bring her check book (of course, why would she), and she’s given two weeks to pay up.
                  12) I let two weeks pass. I am festering with the new information I was presented that she burglarized my apartment and took pictures. The burglary is one thing and the violation of privacy with a recording device is another (civil penalties could be $5K to $50K).
                  13) Again, two weeks, no check. Enter the burglary report.
                  a. An interesting observation is it’s clear she didn’t write the settlement check
                  until after she was approached by Deputies. So I feel my actions in filing the report
                  were essentially the only way I got her to actually write the check. My filing the
                  report likely reminded her the game is still on.
                  b. Her threatening of the restraining order likely came as a result of her questions
                  to the deputies regarding what she can do about me in her paranoia.

                  Now it is important to mention when in court, the whole issue surrounding the plumbing problem becomes non existent.

                  My theory is this:
                  She presented a letter she said she left on my door for an emergency repair to fix a leaking septic pump. But by doing so she now places the “problem” of the plumbing to a point in time LONG before I left, and while I was there.

                  She did this so she could legally place her self in the apartment, but had to give up that claim against me in return.

                  It is also important to mention that some of the quotes and receipts she used to justify her numbers had MARCH 2011 dates on them. WAY BEYOND the window of time for reasonableness, and long after I was gone.

                  Also, I have on hand that voice message she left me referring to the plumbing problem, and what she says on voice message is in conflict with what she says on paper to justify her entrance.

                  Also, entrance is not needed to fix a septic tank. I know. My parents have one. I’ve lived with one for 20 years. They are outside. It is not an emergency to see if the fix is working. And you don’t’ need to flush a toilet to validate a pump is working. You can see the pump working. She DIDN’T NEED ACCESS.

                  She fabricated all that to try and place herself in the apartment legally, and she took a WHOLE LOT OF PICTURES, she opened cabinets, she got up and close to my reloading equipment and took pictures of basically how I live.

                  Here’s how I see it:
                  She kept the deposit. Hoped I’d ignore her. I didn’t ignore it, and she progressively stalled with more excuses and slightly escalated them along the way. The more persistent I was the more aggressive her claims became.

                  So in order for me to actually get her to act and write a check I’ve had to push so far on the fringes of legal action that I put at risk adverse (all be it false) claims against me.

                  What do you do? Do you walk away from $1000? Do you walk away from a crazy landlord saying derogatory things against you? Are you completely OK with that?

                  My personal history is this. I think she has significant sociopathis tendencies. I’ve had millions of dollars stolen and embezzled from me and organizations I am responsible for by people like her. Her and their actions are very similar in the way they go about twisting truths and fabricating things in order to justify their means and reach their ends.

                  They are bullies. It may not be a punch to the face they use, but they are bullies. I have vowed to never let them succeed in their goals. I call their bluffs and I act.

                  Unfortunately this time I was the victim, and fortunately for her I have LEO and military aspiration and own firearms. If I didn’t have background concerns about her actions there wouldn’t be anything holding me back from pursing the invasion of privacy.
                  _____________
                  "Corruptisima republica plurimae leges."

                  "The more corrupt the state, the more numerous the laws."
                  - Cornelius Tacitus

                  Comment


                  • #10
                    Explicit examples of her lies and fabrications:

                    1) When in court we had missed our mediation date from the prior week. She told the judge I didn’t show up. What she didn’t tell the judge was that she was the one that originally canceled the mediation appointment, and what happened was the court called me about the cancelation. The court failed to contact me to confirm a new date. So it was the court’s fault I didn’t show up, but only because she originally canceled and no one told me of a new time.
                    2) She is critical of my keeping the blinds closed 24/7. She continuously probed as to why I kept them close, and said only someone hiding something would do that (NEVER MIND the reason is because I have a peeping tom for a landlord).
                    3) She said I never threw any garbage out, and went on about how lived, and that because I didn’t throw any garbage out I once again was trying to hide something. Now in relation to this statement I will of course say she’s lying. I did through garbage out. At times I couldn’t because she was such a pig she always filled up the garbage can by herself (so I had to wait).
                    a. Now, I was more than eager to exploit this lie of hers. Because if what she says is true or not she has shown to have not observed my garbage outside of my home. Thus, what ever items she took that I personally discarded or not where taken WHILE THEY WERE IN SIDE THE HOUSE. It might have been in my garbage, but it was while it was inside my home. Enter Burglary.
                    4) Based on her ignorance of my reloading equipment and cleaning tools she simply made up her own theories. I have an electric de-leader. She claimed it was a meter to gauge hazardous materials. She took an up close picture of it.
                    5) In her last letter to me she puts blame on me and deflects it away from her. She says she was giving me a helping hand because she felt I was a lost soul.
                    a. This is the most haunting sociopathic action I can point too. She feels she’s doing the victim a favor and is seeking approval from who she’s jerking around.
                    b. It’s scary, all the while I have this weird person poking around in my life and they are saying they are doing me a favor. I see no limits to her imagination and lies.
                    _____________
                    "Corruptisima republica plurimae leges."

                    "The more corrupt the state, the more numerous the laws."
                    - Cornelius Tacitus

                    Comment


                    • #11
                      Dude, listen to yourself.

                      My overwhelming issue is I don’t like being pushed around and I push back,

                      Again, two weeks, no check. Enter the burglary report.

                      it’s clear she didn’t write the settlement check until after she was approached by Deputies. So I feel my actions in filing the report were essentially the only way I got her to actually write the check. My filing the report likely reminded her the game is still on.


                      Your inability to recognize that she is a dingbat and let the judicial process handle it says a lot about you. The message you are sending is that your ego is easily tied up in things and that you will most likely become Officer Overkill, someone who likes to manipulate that law for his own ends and not for the sake of simple justice. In law enforcement, everyone is going to try and push your buttons. If this is indicaticave of how you respond and the games you will play, you will be a nightmare employee in the making

                      I see background fail and psych fail written all over your story. All BS aside, if I were doing your background and heard these comments from you, I would look extra hard for as many DQ factors as possible.
                      Going too far is half the pleasure of not getting anywhere

                      Comment


                      • #12
                        SCV, all of your points, to the outsider, are minor annoyances....they do NOT rise to the level you two have taken it. We advised you against filing the 459 report. We advised you to let the court handle things. You took things to a new low. First, I fail to see the elements for burglary, so you are not saying something to us that you said to the responding officers. What was stolen? If she entered to just take pictures, then that is a civil issue and not criminal. I won't go into the rest of the story.
                        sigpic
                        Originally posted by Smurfette
                        Lord have mercy. You're about as slick as the business side of duct tape.
                        Originally posted by DAL
                        You are without doubt a void surrounded by a sphincter muscle.

                        Comment


                        • #13
                          I agree. Regarding the burglary, you can't prove that she entered with the intent to commit a theft or other felony. If she decided to steal papers while she was inside it is a petty theft but no one will file because there is little if any monetary value. Even a trespass won't fly since she owns the property.
                          If she files for a TRO, then you go to court & explain to the judge her actions & your side of the story. You probably have enough to get a TRO against her.
                          I also agree with L-1, BTW.

                          Comment


                          • #14
                            I didn't read the long diatribe but here is what I took from it. She doesn't want to give back your deposit. You want it back. Seems like if you stop pursuing the deposit then this all goes away. I'm not sure how much your deposit was but I would be willing to bet it's cheaper than an attorney and fighting this thing. Chalk this up to bad luck and let the deposit go.......

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