certain people are psychologically damaging to you, if for example your psychiatrist testified that they damage your health????
or does the proof have to be concrete???
hellllllllllppp
2006-09-03 02:37:26 · 11 answers · asked by lazydazy 4 in Politics & Government ➔ Law Enforcement & Police
Yes, any testimony from an "expert" must be based on a
proven fact or theory. An example of duress for a restraining order would be verbal or physical abuse. If you have ever called the police and reported that person that will usually suffice to request a restraining order. Sometimes reliable witnesses are enough for some judges.
Be aware, however, the defendant will have an opportunity to refute your accusation at a hearing. The defendant usually has 10 days after being served with the papers to request a hearing to oppose this order.
Remember, an order of protection is not a shield. If the person is still motivated to be abusive (and many are) the threat of being arrested for "Violation of a Court Order" may not be a big deterrent. Use common sense and just avoid the person.
Most cities/counties have organizations for domestic/family violence and can help you get an order of protection for free if you meet the income guidelines. Good luck.
2006-09-03 02:47:12 · answer #1 · answered by NoJail4You 4 · 0⤊ 0⤋
In NY only a judge can issue a restraining order.Charges must be first brought against the party you would like protection from.I would start w/ the local PD . You need to state how this person is Hurting you.Then if charges are brought the case will hopefully end up in front of a judge who then can issue the RO.Mental health issues are going to be tough. The police might be inclined to tell you just to stay away from the psychiatrist.Don't forget that the Dr must answer to the medical board.You could draw charges against them w/ the governing medical body .If you still have problems contact an Attorney and sue for malpractice.There is more than one way to "skin a cat".Good luck.
2006-09-03 03:56:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
May be possible if subject was an ex spouse or former boyfriend/girlfriend where there was a pattern of physiological abuse. If there are too many people causing you problems and damage they may not issue, due to your psychological problems and lack of coping skills.
The Short is: They may say you are just crazy.
My suggestions get tough, don't let anybody get you down. You need to be strong and put them on ignore and remove problem people from your life.
2006-09-03 02:53:50 · answer #3 · answered by bsure32 4 · 0⤊ 0⤋
I would ask if they are merely psychologically damaging, why do you just not have anything to do with them ? It appears that your contact with them is not dangerous if you just tell them to go away or don't let them in your home.
If they are going to kick the door in when you shut them out, then you have a potective issue
2006-09-03 04:10:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should make an appointment with a lowyer or someone who does the restraining orders. They will definatlly tell you what they can do.
2006-09-03 02:43:11 · answer #5 · answered by allison 3 · 0⤊ 0⤋
If you're seeing a psychologist, ask him/her. As for the restraining order, check with your state's laws on the matter. It differs.
2006-09-03 02:43:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It could be called harassment and warrant an order.
2006-09-03 03:58:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋
DEPENDS on the Judge and how educated they are about Domestic Violence.
2006-09-03 04:51:51 · answer #8 · answered by sglmom 7 · 0⤊ 0⤋
Call your local police department and ask them.'
2006-09-03 02:42:56 · answer #9 · answered by Bluealt 7 · 0⤊ 0⤋
if your psychiatrist is willing to say so ...yes.
2006-09-03 02:44:59 · answer #10 · answered by Mintjulip 6 · 0⤊ 0⤋