Q: Our son is going through an ugly divorce. My wife and I have now received five letters without a return address, and no identification of who wrote them. The gist of the letters is that our son has engaged in abusive misconduct, that we should do something about it and if we don’t, then we could face legal consequences. We think we are being set up. Anything we can do?
K.C., Calabasas
A: Your son is an adult, over the age of 18, right? He is responsible for his own conduct. If someone informs a parent that their adult son has acted poorly, or hurt someone, or could be a danger to others, the parent is not the one engaging in the questionable behavior. If you can help your son, if he needs help, that is your call but it is highly questionable you have any liability unless you have participated in, authorized, or encouraged the alleged misconduct.
One of the odd aspects of the letters is no one is taking responsibility for them. If the letters harass you, then you can consider filing a petition against harassment (here is an instructive online link: selfhelp.courts.ca.gov/restraining-orders). But who would you bring it against? Can you tell who wrote the letters or who sent them? Is there a way to find out (such as handwriting analysis or fingerprints)?
If a demand is made that you have to pay money for the other party to “go away,” you may have a claim of extortion. Note that extortion can be criminal (for example, under California Penal Code Section 518). Also, it can be civil (if you comply with the demand). But extortion is not the only claim. In the civil setting, for example, you may have a claim for intentional infliction of emotional distress. And in the criminal setting, Penal Code 524 covers attempted extortion.
Consultation with counsel is advisable. Also consider sitting down with the local police department, making a police report and asking for any guidance the police will provide.
Q: We are being harassed by a neighbor. It involves things like calling and hanging up, shouting at us, and even putting dog poop on our front lawn. We are going to request a restraining order, but does that only apply if the harassment is physical or involves actual violence?
A.D., Glendale
A: California law protects against a variety of harassing behavior. This can include seeking restraint of violence, stalking or threats. The behavior you mention should be covered, and also could involve a claim of nuisance, if not trespass, as well as intentional infliction of emotional distress.
Forms: This online link shows you the basic forms to use when seeking a restraining order against harassment: selfhelp.courts.ca.gov/CH-restraining-order/forms.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.