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My 12-year-old son has been repeatedly harassed (in a non-threatening way) by another kid his age. I have asked his father to curb his son''s behavior but the harassment is continuing. Can I get a civil restraining order against this boy?

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Boulder Creek, California

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I left a voice-mail message to the boy's father giving details of the harassment. There has been no physical abuse or threats at this point in time.

Customer (name blocked for privacy)

Status: Closed Value: $15

Hello, I am happy to answer your question.

In California you can get a civil harassment restraining order, which apples where the person harassing you is not a close family member and does not reside with you. A person may seek protection if:

the defendant's conduct is intentional; and
the defendant has done a series of acts (more than one) which seriously alarm, annoy, or harass you (the plaintiff); and
plaintiff has suffered a lot of emotional distress; and
the defendant's conduct has no legitimate reason and is not protected by the Constitution.

So, the question is whether the acts against your son fit within the above requirements.

I hope this was helpful and good luck.

Kimberly

Thanks for your question, LawForAll. Please click ACCEPT to credit me for my time and effort to research and provide your response. This communication is for informational purposes and does not constitute legal advice.

So, if the behavior continues, I guess it would be helpful and prudent to document the dates, times & whether there were witnesses, yes?

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