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Asked in California, United States |

Mar 4, 2024
Criminal
criminal harassment under San Jose law
Background Buzz: I run a small but buzzing tattoo parlor, Ink and Artistry, nestled right on the edge of Downtown San Jose, near San Pedro Square Market. It's not just about the ink; we've got a vibe that attracts a diverse crowd, from the tech folks to the hardcore bikers. The Twist: Recently, things have taken a sour turn. A former employee, let's call them "Alex," has been causing a ruckus. Started with bad-mouthing the parlor on social media, but now it's escalated. Alex has been hanging around, making threatening remarks to clients and staff, and leaving nasty notes. It's getting out of hand, and frankly, it's scaring people off. What's Been Done: I tried the friendly approach, asking Alex to cool it and move on. No dice. Went the formal route, filed a complaint with the local San Jose PD, but it feels like it's moving at a snail's pace. The Nitty-Gritty Questions: Given the situation, does this constitute criminal harassment under California law, specifically in San Jose? What steps should I take next to ensure the safety of my clients and staff while this is being resolved? Are there any immediate protective measures I can legally enforce? If this escalates further, what are my rights and potential legal actions to stop Alex's behavior and protect my business's reputation? Lastly, are there any local resources or support networks in San Jose for business owners facing similar issues?

Lawyer Replies

Alex Durrance - Lawyer in Vancouver, British Columbia - Clearway Law

Alex Durrance

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Lawyer in Vancouver, British Columbia

Posted on Mar 6, 2024

A little while back, I represented a client in a somewhat similar bind. They ran a cozy café near the SAP Center, a spot that prided itself on being a community hub. Enter a disgruntled former partner, stirring up trouble with online tirades and unwelcome appearances. It was a real headache, affecting the café's atmosphere and customer flow. We navigated through the murky waters together, and here's a bit of what I learned along the way:

1. Identifying Criminal Harassment: Under California law, what Alex is doing could very well tip into the realm of criminal harassment. This includes actions that are intended to scare, annoy, or harass someone to the point where it affects their daily life. The threats, the loitering, the unwanted communications—all these can be pieces of the puzzle. San Jose, being under California's umbrella, follows the same statutes, so yes, Alex's antics might just cross that line.

2. Next Steps for Safety: Since the situation's escalating, consider obtaining a temporary restraining order (TRO). This legal document could bar Alex from coming near your tattoo parlor or contacting your clients and staff. To get this ball rolling, you'd file with the Santa Clara County court. It's a step that shows you're serious about protecting your people and your place.

3. Immediate Protective Measures: Besides the restraining order, ensure your staff is briefed on how to safely handle situations involving Alex. Document everything—every unsolicited visit, note, or threat. This documentation can be crucial in court. Also, consider beefing up your security measures. Cameras and alert protocols can make a big difference in both deterrence and evidence.

Bob Chen - Lawyer in San diego, California - Clearway Law

Bob Chen

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Lawyer in San diego, California

Posted on Mar 6, 2024

Should Alex's behavior persist or escalate, consider filing for a permanent restraining order and exploring legal avenues for a civil lawsuit against him for any business losses incurred due to his actions. For localized support, engaging with San Jose's small business associations or legal aid organizations could offer valuable guidance and resources tailored to your situation.

In the face of such challenges, it's crucial to arm your business with the right legal defenses. If you're feeling outmaneuvered and need a seasoned legal ally in California, don't hesitate to reach out. Together, we can devise a robust strategy to protect your business's well-being and ensure a secure, welcoming environment for your clients and staff. Your peace of mind and the prosperity of Ink and Artistry are paramount.