An 2016 Election Day Gift to Civilharrasment.com from
Julie Ward Azbill, San Francisco
STOP AB1014
Gun violence restraining orders patterned after 527.6
REVISION OF 527.6 laws
http://www.courts.ca.gov/documents/LEG13-08.pdf
Wisconsin Commissioner FIRED
Congresswoman Hahn Introduces New Legislation to Protect Victims of Stalking from Gun Violence
Contact: Breelyn Pete (202) 225-8220 Breelyn.pete@mail.house.gov
"The legal trade, in short, is nothing but a high-class racket."
from "Woe Unto You, Lawyers", 1939, by Fred Rodell,
Professor of Law for over forty years, Yale Law School.
Civilharassment.com strives to be a vehicle for reform of civil harassment law and practice. We believe in the noble original intent of the law and proper use for such procedures, but we also know the law is widely abused by parties, attorneys, and courts to the sometimes fatal detriment of those at true substantial risk of serious harm. Civilharassment.com is the locus of information about the subject and enjoys champion citizens and attorneys nationwide.
California Civil Code of Procedure section 527.6 was designed to help prevent future great harm from physical attack by unstable and even psychotic persons. Later, substantial emotional abuse by extreme even bizarre cases of unwanted contact was added to its scope. By far it served good pubic policy goals well.
(Special Note about the integrity of this site.)
Unfortunately, such cases of true danger now compete with non-dangerous cases that judges themselves call "adults acting like children", or, "tit for tat" between neighbors. The legislature and people of California never authorized courts and judges to replace neighborhood block captains, priests, or other community leaders who could help mediate disputes. But for some reason, judges are seduced into roles that often mimic recess monitors while other victims die from lack of proper attention to serious threats. It is a public policy disaster screaming for reform and reform of the civil harassment laws is the long term strategic goal of Civilharassment.com
Civilharassment.com is also a tactical resource for defendants facing abusive civil harassment restraining orders. Started in August 2009 by defendants to help defendants. Oriented around California law. Did you just get a phone call that someone is trying to get a civil harassment restraining order against you? You are in the right place.
We also lobby elected officials to reform the law. Please tell us your story.
To Do Immediately ( not legal advice )
Case Law Citations
Points and Authorities - in particular for property disputes
Abuse of System
527.6 Harassment Legal Definition in California, amended by AB 1596 — 2009-2010 Legislature
History - related to stalking - actress Rebecca Schaeffer, overview, DOJ,
suggested notorious Orange County Judge John M. Watson, State Senator Ed Royce
Characteristics of False Stalking Reports, amended by
AB 1596 — 2009-2010 Legislature
Cases - Suspected Abuse of 527.6
Joshua Tree Superior Court:
Case CIVMS700231 – BURACCHIO -V- WATTERSON
Case CIVMS900266 – MITCHELL -V- ROSS
Case CIVMS800890 – MOORE-V-KOENIG
Case CIVVS807817 – YOUNG VS HERBEL
Fresno Superior Court:
Case 06CECG00303 City of Reedley vs. Bernabe Santillan
Fresno Superior Court - city abused 527.6 with an attempt to stop
photography of police. Santillan filed an anti-SLAPP suit and won
a substantial financial settlement.
Attorneys Specializing in Defense of Civil Harassment allegations
Civilharassment.com receives no compensation for relaying requests for service to attorneys who have specialized knowledge of California civil harassment law. Few attorneys have specific knowledge of civil harassment law, a dedication to stopping abuse of 527.6, integrity, and do a better job defending people than they do documenting 20 second phone calls as 1/10th of a billable $450 per hour consultations. No attorney-client relationship is created by communication with or use of civilharassment.com, but we do relay requests for paid attorney services to attorneys interested in such work. Use the "Lobby to Reform" form in the sidebar.
Legalmission.com Services for attorneys - document preparation, etc.
Informative Sources
Photographers Guide to Privacy
http://www.firstamendmentcenter.org//news.aspx?id=21661 including the related link at the bottom of that item. They don’t pertain strictly to the case you describe below, however. See also http://www.firstamendmentcenter.org/Press/topic.aspx?topic=privacy_newsgathering.
California First Amendment Coalition
ACLU - there is little hope that the Southern California chapter will respond to new issues that they are not already pursuing. As with the phone company they attempt to push all transactions to the website. However, they do not acknowledge receipt of information via their "legal intake" form. It is extremely difficult to get them to speak on the phone. I can not be sure of the reasons, but it appears they are just completely overloaded with cases and are following agendas established long ago.
Legislative and Legal Reform
527.6 law must be reformed to stop judicial abuse. Proposals to revise the law will eventually be reviewed by the following committees.
CA Senate Judiciary Committee, for Civil Code 527.6 reform, 916 651-4113
CA Senate Public Safety Committee, for Penal Code 646.9 Stalking, (916) 651-4118
California Law Revision Commission, studies the law in order to discover defects and anachronisms and recommends legislation to make needed reforms.
CA Assembly Committee on Judiciary (916) 319-2334
All members of Civil and Small Claims Advisory Committee of California Judicial Council CRC Rule 10.41
2006 Revision by Assembly Bill No. 2695
Legal Reform Now - all sorts of information about making a better legal system.
Judges - Reviews and Profiles