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Threat alleged in San Ysidro school board race seeking restraining order

| Nov 12, 2014 | Firm News |

San Diego Restraining orders are very serious matters.  In this case the petitioner will be seeking a civil harassment order.  The result is eventually a full blown hearing to determine if a permanent restraining order goes in place. Restraining Orders can be helpful in ensuring there is no harm but I have seen the process abused.  It will be interesting to see if the order gets granted in the situation below.


While family members can seek a domestic violence restraining order, people with different types of relationships may also seek protection from the court. Neighbors, friends, co-workers, are just a few examples of individuals that have the legal right to seek and obtain a civil harassment restraining order.

If someone alleges harassment, they may seek a civil harassment protective order protective order which can be granted based upon one of the following.

  1. Unlawful violence;
  2. A credible threat of violence; or
  3. A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and that serves no legitimate purpose. This rule allows for harassment based upon acts that may not be necessarily considered an act of violence, such as emails, texts, phone calls or stalking.

The ruling law with San Diego Civil harassment orders is California Code of Civil Procedure § 527.6, which explains that the course of alleged conduct must cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim. If you have been served with a restraining order request and your actions do not fit within the above mentioned categories, it is vital to contact our office to begin your defense. If you are seeking to get a San Diego Civil Harassment order get it done right by a professional who knows that the court wants and needs to hear.

In addition, the civil harassment restraining order can include restraints on personal conduct by the harasser, order him or her to stay away from the victim’s home/work and/or children’s school, and other miscellaneous orders. There is no requirement that there be a relationship between the victim and a harasser in order to obtain the protective order. Again, there must be recent acts of harassment, which is a determination made by the court.

A civil harassment restraining order is unlike a domestic violence TRO in that the relationship between the parties is more casual. This type of protective order is normally for neighbors, casual friends, and non-married parties. Civil Code of Procedure section 527.6 defines the rules and requirements for a civil harassment restraining order. The Petitioner must show that he or she has suffered harassment. Harassment is defined in detailed below. Harassment can be unlawful violence, a credible threat of violence, or a knowing and willful course of conduct. This conduct must be such that a reasonable person would suffer substantial emotional distress, and must actually cause such substantial emotional distress. When you go to court for your hearing, you must show by “clear and convincing” evidence that unlawful harassment exists. This standard is greater than the preponderance of evidence standard at a domestic violence restraining order hearing. It lasts three (3) years and can be renewed without a further showing of harassment.

 A candidate in the San Ysidro school board race is seeking a restraining order against an opponent after an incident that he said left him fearing for his safety.

Rodolofo Linares, 67, is one of five candidates seeking three open seats on the San Ysidro School District governing board in Tuesday’s election. He is accusing Luciana Corrales, 36, who was appointed to the school board in June, of threatening him while he was passing out fliers to parents at Willow School.

Linares alleges Corrales “angrily” approached him about 8:40 a.m. Oct. 20 outside the school and said, “If you are not careful, the bomb is going to explode.”

Linares said in court documents that he didn’t understand what was intended, but that he was afraid of what might happen.

Corrales, the community engagement coordinator for the San Ysidro Safe Routes to School program with Circulate San Diego, denies the accusation.

“I would never say that to him, or to anybody,” she said.

She said she was at Willow School to check in on a group of program volunteers, and when she saw Linares passing out fliers she passed out some of her own. Corrales said she talked to him about the number of campaign signs posted around the city, and the need for them to clean up the trash after the election.

“It was a normal conversation,” she said.

According to court documents filed Oct. 20, authorities denied an temporary restraining order because Linares’ statement didn’t sufficiently show “acts of violence, threats of violence, or a course of conduct that seriously alarmed, annoyed or harrassed a person … and caused substantial emotional distress.” He is seeking a protective order for himself, his wife, Yolanda Guerrero, 68, and his 11-year-old son, who is autistic.

Linares said he was taking a stand against intimidation by seeking the restraining order, and now the matter is in the hands of the court. He said he is fed up with how the school district operates.

“They retaliate against those who stand up against them,” he said. “I’m not willing to take it.”

A hearing on whether to grant a restraining order is scheduled for 1:30 p.m. Nov. 20 in the Chula Vista Superior Court.

The full article can be found here.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected]

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