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Restraining order against harassment/contact by neighbor, yet local law enforcement won't arrest for violations?

Oroville, CA |
Filed under: Civil rights

I have a restraining order against my neighbor. She is directly next door, we share a fence line. Due to this, the judge ordered that she merely stay 3 feet away from my family at all times. On top of this, she is not to contact my family or harass us in any way.
She continues to threat my family and I. I have called the Sheriff's department and reported the violation's each time, yet they do not arrest her because she A) Remains 3 feet away from us while doing so, and B) They find her to have some form of mental illness (IE They just say she's crazy as she walks around her home and cusses into the air)
Is there anything I can do legally to enforce this restraining order or to amend it so that she will be arrested for threatening and harassing my children, husband, and I?

While the woman does cuss randomly at times out of anger, when my family is outside she will say, "( My Name) I have a bullet for you. I'm gonna' put it into your head tonight." The woman directly harasses us by name. I want this to stop. I understand that she may be ACTING crazy, but the woman is sane enough to have friends come over to her home and visit her on a weekly basis, to drive her truck and run errands on a daily basis, and to work at her employment seasonally. If there is nothing which can be done to enforce the restraining order, could Adult Social Services possibly intervene, if she truly is mentally ill as law enforcement believes?

Attorney Answers 1


Nope. There is a US supreme court on this exact issue. They don't have any duty to enforce it.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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