In August of last year (2024), I was taken to civil court by my harasser—my downstairs neighbor’s baby daddy—marking the beginning of a painstaking gauntlet that brought to light how flawed and broken the legal “system” is, just how badly we’re living in a post-facts world where truth and objectivity do not matter. How the local court system is as incapable and capricious as the US Supreme Court is compromised and corrupt.
Earlier that year in March, he came to my door trying to force his way into my apartment with the intent to fight me. This was a short while after I’d embarrassed him into leaving the premises, having been altered by dog of unusual activity out front and stepping out on the balcony to find him yelling at and antagonizing my aforementioned neighbor’s sister and roommate, and subsequently yelling at him in broad daylight that nobody that lived in the building wanted him there, that he was trespassing, and to “get the fuck out”.
A few days later, he had flowers delivered with a throwaway apology on the card. Months later, he initiated suit against my neighbor for full time custody. Knowing that I had a police report on file over that behavior and would be a huge liability to him as a legitimate witness, he falsely alleged that I—and my roommate—had been harassing him, on an ongoing basis from March until July, including but not limited to stalking and threats of physical violence. What ensued was a months-long unwanted crash course in legal process. The initial cases were dismissed without prejudice, the Judge at the time noting my cross-petition was a much closer call. Three weeks later, he began passively harassing me again such that it drove me to file a new case against him.
Though at one point I hired legal representation for the short while I could afford it, I ended up largely self-representing, including the arduous research and drafting of formal Motions for Sanctions against my harasser and his attorney. In the process, I learned just how disadvantaged people are when it comes to these matters. All of the legal aid resources and organizations out there focus on low-income and/or marginalized communities, and their scope of services only includes restraining orders in a Family/Domestic Violence context. When it comes to Civil Harassment Restraining Orders, the only guidance available is if you’re the Petitioner—the initiating filing party—and even that is limited only to how to fill out the form to open the case.
In the end, my case was dismissed with prejudice, the judiciary not only failing to uphold the letter and spirit of the law, but also violating my rights to due process and California Code of Judicial Ethics—indeed, one of the Judge’s post-hearing Minute Orders is a complete fabrication of facts and I have the email from my attorney at the time to prove it. CCP § 527.6 stipulates that restraining order hearings should not exceed 21 days, 25 with good cause; my case ended up aged 138 days because of Judicial negligence.
This unfavorable outcome has left me with two remaining points of action:
1. Administrative Follow Up
I have 60 days from the last hearing date of January 29th to initiate the appeals process, which I very much have the desire and intention to do. However, the priority to and demands from my academic workload make me worry about whether it’s something I’ll be able to accommodate, given that it would be started halfway through the semester and potentially run into final exams timeframe. In an ideal world, I’d somehow manage to find some lawyer willing to take on/assist pro bono, but expectations being grounded in reality, I anticipate it’s something more I’m going to have to study and try to pull off myself.
Regardless of whether or not the appeal itself happens, there are other follow up actions to be taken—filing complaints against the Judiciary and opposing counsel.
2. Publication
The entirety of what I endured is a literal case study on how to abuse the legal process as a means of revenge without consequence, and how the California court implicitly condones and encourages this behavior.
Along the way, this man has given plenty of indications that he is recklessly impulsive and does not think things through. I don’t know what he imagined, that he would pull his stunt and that its effect would be confined to the courtroom in this digital age. Throughout all of this, I consistently tempered the desire to speak publicly about it, being a self-representing first time litigant with utmost concern for the validity and security of my case. Now that the argumentation for those matters has been definitively settled, I’m no longer bound to keep things private.
Right now, my academic efforts have priority when it comes to my focus and attention. Though I would love to be able to dedicate myself to writing the narrative, building the supporting website, and preparing the social media optimized posts/videos to communicate my story, it’s nothing that I realistically have the time or bandwidth to handle. Fortunately, unlike the appeal process, this action isn’t bound by time limits.
Still, after carrying this matter for the better part of and almost up to a whole year, enduring the unnecessary anxiety and emotional distress it caused me to have myself, my roommate, and my dog targeted by this man while trying to earn my Associate’s degree, I don’t have it in me to remain completely mum on this matter until that time comes when I’m ready for a full content push.
For now, at the least, I can start by finally giving this stressful and traumatic ordeal a name and a face: Leonardo Enrique Di Giacomo.