A friend of mine is being harassed by a former boyfriend but even more so by the ex-boyfriends current girlfriend. In California, where this takes place, you cannot file a civil harassment case against a former boyfriend, you must file a domestic violence case, and vice versa for the ex-boyfriends current girlfriend. My question is: Must there be a separate lawsuit to obtain a restraining order against both parties or can it be accomplished in one case?
Answer
You must file two separate proceedings, regardless of whether they are DV or Civil Harassment. Each defendant must be named in a separate case. You also must file a notice of related case. That will almost certainly result in the court setting them to be heard together, and if it does not you can file a motion to consolidate them to be heard together.
Answer
You shouldn't and can't legally file a violence case if there is no violence. You are to file a 'harassment' case against each. Who ever told you otherwise was wildly incorrect. Civil cases are file frequently against non-related people for 'harassment' without violence.
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