Restraining Order

Question: Restraining order? I just ended a 3 year relationship and the other person is not taking it well. It has about 3 weeks now. The 1st week was fine, but after the 2nd things started to get out of hand, and she ended up having to spend week 3 in jail. I thought things would get better and that we could both move on. I also thought the week in jail would be just what she needed to cool down. I was wrong. Now that my ex is out of jail, and living a building away from me, things are getting tense again. A friend convinced me that things were fine and that and that my ex was moving on, but I could tell that was not the case. 3 friends of mine have told me that all the time they spend with her she is talking about me and that yesterday she told them that she is still planning a way for her to mess me up. They think I should get a restraining order. I thought about getting one when she was in jail, but I was hoping that she would come out of jail with this new out look, and didn’t want to seem like I was still mad by having a RO waiting for her. I don’t fear her doing physical harm to me and I think if she tried to hurt me physically I could handle. What I do fear is her hurting herself or her property and blaming me for it. Just a week and a half ago, I awoke to her in my room with a knife, and told me that she wanted me to kill her, and if I didn’t she was about to end her life in the next 48 hours. She ran out and by the time I got dressed and went to look for her she was gone. After looking for her for a 1 ½ days, the police, came by looking for me because she filed a report of me stalking her because I left 3 phone calls asking her not to kill herself. She is not a very truthful person so I can’t really put it past her to try to do something to get at me. Is it worth getting a restraining order? And if so should I?

Answer: Document everything! Yes, please get a restraining order ( another form of documentation)! Call the police when she is acting nuts ( more documentation). I made the mistake of not documenting or calling the police when my spouse was abusing me. When I fled from the crazy nut and filed restraining order, then filed for divorce, he then turned around and filed one against me. These types of people are unpredictable and they try to manipulate the system to make everyone else think that you are nuts. I did not have enough official documentation except for the restraining order which was not enough to prove my case. My divorce became final but he should of ended up in jail instead of living free to abuse someone else!

Question: restraining order? how do i get a restraining order against someone whos already incarcerated, but will be released in january?

Answer: this question should be asked to a lawyer.

Question: Can a restraining order also stop my roommate from harassing me by disconnecting our utilities? I have just filed a police report against my roommate for aggravated harassment. On Tuesday I will seek a restraining order. After I obtian the restraining order, I can then legally break my lease and move. The terms of the restraining order do not require him to leave the apartment or keep a physical distance. They only require him not to "annoy, harass, intimidate, or stalk". Can it also order him temporarily not to disconnect our utilities in order to annoy or harass me, until the next court date?

Answer: Are the utilities in his name? If so, he can disconnect them. However, I don't think he'd do that while he was still living there. Does he really want to stay in a house with no water or power? However, if he moves out and wants to disconnect the utilities that are in his name, he can and should. You would then have the utilities connected in your name.

Question: Can one obtain a restraining order against an harasser who is not a family member/sexual partner? In Illinois, can a person be legally prohibited from calling, visiting, or approaching another individual if those parties have never been in anything like a domestic/dating relationship? All I can find is info relating to orders of protection, and for that , you have to have had some personal involvement. How would one get a restraining order or the like for someone you used to work with?

Answer: Absolutely, but your reasons for the order must be spelled out why you need one, and a Judge can order a temporary one until it is heard in court. Start with the district attorney or assist DA to fast track it.

Question: How can one determine whether a restraining order is still outstanding on an individual? A restraining order was put on an individual in the Denver, Colorado area but the individual is not sure whether that restraining order was temporary or long term and still outstanding. They no longer live in that state, do not have the case number or original paperwork / restraining order, but would like to determine the current status of that order either by telephone or online. Who should they call or where do they look online to determine the current status?

Answer: As citi stated, contact the clerk of the court where the issue was heard, and the order put into place at. The clerk will be able to tell you if the order is still in effect. You can do this via phone or online.

Question: How is a restraining order enforced when filed in a four plex? I am trying to file a restraining order against my neighbors who attacked me. We live in a four plex and I live in unit 1 and they live in unit 3. They have to pass my unit to get to theirs obviously. So my questions are, how would that be enforced since they aren't allowed a certain amount of feet from me and if i decided to move out of that place, will my landlord still be able to sue me for the rest of the rent?

Answer: if they come with in an x amount of feet a buzzer will go off if they have the braclet on their ankle. if their not back in 10 seconds they police will come

Question: How to get a restraining order on someone? i know how to get a restraining order but.. Do they have to actually cause physical harm? This lady has been constantly harrasing my wife and I. She is saying extremely nasty things to us and our friends. She is coming to our door, sending us mail, etc. Can that be filed in a restraining order or does she need to cause physical harm?

Answer: You need to make a police report if you have not and they will document the harassment without it you would not get an order.

Question: Can a restraining order be filed under these circumstances? If a child of 10 is being bullied at school and tells his mother. Can the mother file a restraining order, preventing the bullies (which are also kids at the school) from touching and talking to the 10 year old child?

Answer: Unikely .. a young child could not be a responsible person The school should be the first approach .. its their responsibility

Question: How do I get a restraining order for someone who lives with me? I rented a room to a friend of a friend and he turned ugly. He has started to have an interest in my 13 year old daughter. She is now living in fear because of this. He has threatened me with an illegal eviction which I don't care even though I know he could. Do I have rights? Can I get a restraining order for this or does something physical have to happen? This is my house, I will not move No one is paying attention this question. I LIVE IN MY HOUSE AND I RENTED A ROOM IN MY HOUSE TO HIM. No lease signed. But still by law he is entitled to a 30 day notice, but I really don't care. And I did do a background check on the guy and it was clean To the person with no name - He does receive mail here. He can use that against me. I'm just asking this question from a legal perspective. I am not using it to base my decision on if I should kick him out or not. He's being asked to leave regardless of the law. In my house, I AM THE LAW. I will suffer the legal repercussions later. No name - Thanks so much for your input. You have no idea how much I appreciate this~ HUGS

Answer: Evict him. Call the police and make a formal inquiry...if I were you, I'd tell the police you're in fear for your life because he's made sexual advances towards your 13 year old daughter and uttered death threats. It'll be your word against his...and it'd be a white lie with the embellishing of facts...BUT--that's irrelavant...means to an end: namely the safety of your daughter. Say he came into her room and into yours too and made a sexual advance towards both of you...and then threatened the lives of you and your daughter. I'd say ethics and the rights of this clown tenant go out the window the INSTANT he's crossed that line of the sexual advances towards your daughter. Call the cops NOW and have him evicted immediately.

Question: How do I get a restraining order in Austin Texas? My Mother has been and still is Harassing Me, My Family and My Bf. She sends emails and leaves messages. I have blocked her from calling me and I don't return any of her emails.I need to know how to get a restraining order to keep her away and to stop her from contacting Us. What do I need to get this order, can I file for it myself and how much might it cost, any ideas? Thank You for any help you can provide in this situation.

Answer: go to the local court they should be abel to tell you were and how .

Question: How old do you have to be to make a restraining order? Also, what kind of reasons do you have to have to make a restraining order? And, where do you go to make a restraining order? Thanks for answering!

Answer: 18 in actual danger or at risk in some manner contrary to the law County district court in most places

Question: Can you file a restraining order against an alcoholic grandma for your infant? This is based on another question I answered. If your mother is an alcoholic, can you file a restraining order against her if she refuses to keep away from your baby? In the United States.

Answer: Absolutely. All you have to do is have probable cause for that restraining order, and you should have no problem.

Question: Can someone get a restraining order against someone in a different state without the other person knowing? My fiance's ex is telling people she has a restraining order against him. She lives in Maine and he lives in Washington. Is this possible? Or is it a bunch of made up crap? Thanks!

Answer: It is possible, yes. To get a restraining order, the subject of the order must be served. However, the law in all States allows for people to be served by mail or by publication if they cannot be found. If she told the court she couldn't serve him with the papers, and they were served by mail to a different address, then an order may have been entered without his knowing it. He should contact the court in Maine and check - to be arrested for violating an order he doesn't even know about would suck. Richard

Question: What are the requirements to file a restraining order and where would it be done at? I reside in Houston Texas and I am helping out a friend... How can she file a restraining order and what are the requirements? Any help is appreciated! Thanks!

Answer: In NC you start at the Magistrate who will basically assess her believability and then either give an order or deny it. Then after the person is served, they both have the opportunity to go to court to see if a permanent order will be granted. Any domestic violence shelter will have info and may even have an advocate to help with the process. Good luck.

Question: Will a restraining order count as a second strike if the person being served already has one strike? The person being served lives in California and already has a strike against them. They have served jail time. Will being served with a restraining order count as a second strike or do they need to violate the order for it to count as a strike?

Answer: Only serious or violent felonies are strikes. With strikes, the sentence for a subsequent felony is increased. Restraining orders are not criminal convictions, and violations of restraining orders are, at the most, misdemeanors. Of course, if he has a prior serious or violent felony, and if he enagages in some feloneous conduct in addition to violating the restraining order, then the 3-strikes law could come into play.

Question: What are the requirements to get a restraining order? If I'm a high school student and other high school students are bullying me, can I apply for a restraining order? Background: In track and field we are split up into groups and the long distance runners are in a group where they practice together and stuff. Well I'm in that long distance group and EVERYONE hates me and I don't get treated with respect.

Answer: seems that firstly it is a school problem. you should notify the coach.. if the coach cant help you notify the principal.. if the principal cant help you notify the police if the police cant help you notify the press. by taking these steps instead of bringing a gun to school and shooting these guys your doing the right thing. these days with the school shootings etc.. these people should be well trained and equipped to help you. if they are not .. then again there is hte press issue. normally outside this school setting you would go to the police with complaints.. and bring their resulting findings before a court .. where you would have to convince a judge that there is a real danger to you from these individuals. but doing that here is not the right thing to do.. you need to let the school handle this. not just for yourself but for every student that faces bullies in school. you need to blaze the way .. to show there is a way to deal with mean people and bullies in school besides a gun... (that destroys your life and a lot of innocent lives as well as the bullies) so start with your coach. if he dont take it serious.. go up the food chain.. but add your coach in as part of the problem since he refused to help you with a solution. good luck to you.. mean people suck.. but do the right thing.. dont shoot them when lesser means will work.

Question: How do I obtain a restraining order? Is it possible to get a restraining order against relatives who have been doing a ton of harassment? Does it need to be physical in order to get a restraining order? We've been getting nasty emails, txt messages, and phone calls for some time and now they're threatening to come to our area(they live in another state). All this is happening while we have a newborn baby that we have been trying to take care of and focus on. We haven't been talking to them for the past few weeks because of frequent disrespect. Thanks for all of your advice.

Answer: You need to go to the courthouse that handles Equity or Family matters. A restraining order is basically a temporary injunction. Restraining orders are sometimes called a 'TRO'. Some courts have forms you can fill out and submit so try contacting your local courthouse and see if they have forms or if you have to type something up. You can also contact your local police and have them make contact and ask the annoying relative to leave you alone. If you use the police get a report.

Question: If a restraining order is lifted, does your criminal records still show it? If someone puts a restraining order on another person and in reality there was nothing wrong, it was just one person doing that to harm the other one. The order is later lifted because of lack of evidence. Is the person criminal record still affected?, is still going to show a restraining order was put and lifted or it will look completely clean?

Answer: it stays.

Question: How big of a restraining order is possible? My Dad is getting a divorce from my step mom and is going to move closer to me and my mom and due to his mental health I want a restraining order so he can't be anywhere near our street. How far can a restraining order be?

Answer: "Bigness" varies across jurisdictions the same goes with tests for need. A court submits a request for a restraining order to one of several tests, but generally they involve the analysis of four separate factors: (1) whether the moving party will suffer irreparable injury if the relief is not granted; (2) whether the moving party is likely to succeed on the merits of the case; (3) whether the opposing party will be harmed more than the moving party is helped; and (4) whether granting the relief is in the public interest. The court will decide "bigness" and other stipulations e.g. phone calls, drive by's etc. as it sees fit on a case by case basis.

Question: Restraining Order? Among other things, my ex boyfriend threatened me after we broke up, impersonated me to have things like utilities and my cell phone shut off and continuously called harrassing me after we broke up. I finally had to change phone numbers and email addresses. He is now in prison on a parole violation (surprise to me) and is continuing to contact my friends, family, etc. and have his family call me. Can I get a restraining order? What is the process since he is in prison and can't appear in court? I don't want to have to face him in court to get one.

Answer: I think it may be possible to get an ex parte restraining order without having him appear in court. Talk to your lawyer, it won't happen unless you start the proceedings.