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Injunction or restraining order?

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bobaloo

Junior Member
What is the name of your state (only U.S. law)? California
My neighbors, living directly behind me, has come over our common fence, on four occasions and stole four nearly new bikes, the last time they actually broke through the fence, which I had to repair. I called the police, when they broke the fence, the police said, there is nothing they could do, even though my wife's backpack was still in they're yard, they went around to they're door and retrieved it. And, I am not the only victim in this neighborhood, several neighbors have been burglarized. Recently, an eighty four year old man was standing in his driveway, and they're pitbull attacked, breaking his arm, finger, and dislocated his shoulder. The dog was put down. A few days later I seen the owner of the pit, he had a brand new pitbull puppy. My question is, can I, or a collection of the neighbors do anything about these people? Oh yea, they have been cited several times by the city for code violations.
 


CdwJava

Senior Member
Okay, I'll wager the police did not say there was nothing they can do, I'll bet they said that they could not prove beyond a reasonable doubt that the thief was the neighbor. While there would appear to be a strong likelihood that the neighbor was the suspect, absent a witness or discovering stolen property under their direct control, this is petty theft (and, perhaps, vandalism and maybe trespassing) without any incontrovertible proof. You can certainly ask to speak to a supervisor at the police department and ask that they forward the case to the DA. However, since misdemeanor property crimes tend to be ignored in many counties, nothing may come of it anyway.

As for a CHO (a civil harassment order) for it to be enforced, you'd have to witness them or have probable cause to show that they did. That's assuming, of course, that a court wa willing to issue one in the first place.
 

John Se

Member
Bait them and with video cameras running, if they steal something valuable enough then they are cooked. Something small and very valuable.
 

CdwJava

Senior Member
Bait them and with video cameras running, if they steal something valuable enough then they are cooked. Something small and very valuable.

That can backfire. Leaving something valuable where it is openly accessible may be seen as an improper inducement. Best to simply mount cameras to catch future incidents rather than trying to bait someone into committing a crime.
 

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