Explain Harassment Restraining Orders and how the work and how to get one!!!!?

Question

this is really important

its my bf ex gf she keeps harassing me over the internet and is visiting the college that I am attending(she visiting friends) i just wondering if a HRO can keep here away from me

Answer 1

I have bad news..... while each state is different, and you should check with your District Attorney's Office, there's nothing you can do. You need to be directly connected to the person, i.e. married to, related too, lived with, or dating the person you want a restraining order against. What you can do is scare her. Write a letter to her stating that you are requesting that she quit contacting you, harassing you, and all around being a ***** <---well, a little more profesional> and conclude that if she can not abide by this, you will take legal action. Now, have the letter mailed certified, return receipt requested.... keep the receipt that you mailed it, a copy of the letter, etc. ALSO, start documenting every time she harrasses, emails, or whatever.. print out the conversations.... if she doesn't leave you alone.. consult with an attorney... he'll help from there

Answer 2

If by harassment you mean stalking, the person has commited an offense if they have followed you, repeatedly contacted you by an electronic means (phone, fax, pager, etc...) and have made statements or actions that have placed you in reasonable concern for your safety, or have embarassed or subjected you to humiliation. They cannot repeatedly cause your phone to ring, even if they don't speak.

As for retraining orders, you will have to go before a judge and be able to provide the court with evidence that these actions are occurring. They will issue an order that stipulates the subject cannot contact you or come within a certain distance of you. If this is broken then you have to go back to the court and file a contempt complaint.

A protective order is basically worded the same, only it contains language that orders any peace officer to arrest anyone named in the order that violates it scope, or provisions / restrictions. The police will not enforce a restraining order, but will enforce the protective order. In order to get a protective order you will have to demonstrate for the court reasonable evidence that you are in danger. If you have been threatened, it is illegal for anyone to threaten to harm you. You can file a complaint with the police, and they can potentially arrest the threatening party for making a threat, or issue them a citation.

If the person in question comes into your business or property, you can issue a trespass warning and notify the police, so that if they come back, they can be arrested for trespassing.

Answer 3

Harassment Restraining Orders. Is a court order that restrains some one from making any form of contact w/ you. In-person, by phone, 3rd party ( like having him tell his mom to tell you to buy him beer). Each state very's on how to get one. Most police depts can issue emergency restraining orders. Such as you are a victim of an assault or something along those lines. Most states make you appear before a judge and explain why you need it and the judge will issue it and have an officer serve the other party.

Answer 4

A restraining order is obtained by civil means, you voluntarily go and seek this said order at your local county attorney's office and said order is civilly enforcable only, meaning if the other party refuses to stop calling you or whatever, you take that person back to court and the judge may find them in contempt, similar to setting up a child custody agreement and when either party begins to drop the ball, you go back to court without anyone getting arrested........on the other hand, JUST IN CASE if you are a victim of violence (family) then what you need is a PROTECTIVE ORDER and this is only for victims of violence, if the assault is bad then an officer may request a 31 day valid- prot.ord. otherwise, county attorney's office and advise them of your situation in order to request one.....those orders are criminally enforceable, if other party comes near you, arrest is made.....

Answer 5

To get a restraining order - you are going to have to prove that you are really being harrassed and that you feel threatened and that your safety is being jeopordized --

Maybe a good start would be to change your email address and phone numbers if she is calling you -- and if it doesnt stop, then print out the emails, record your messages that she send you and start collecting them. What does she say in the emails ? or phone messages ? This will be a good start if she is threatening you to prove that you do need a restraining order.

And in our Police Department, we have a Victims Advocate or you can go to the County Court House self help area and they will help you fill out the paperwork for a restraining order.

Key words -- you feel threatened and fear for your safety -- just have backup to prove it.

Answer 6

Go to the county attorney or prosecuting attorneys office. They can help you. Your local police can direct you to a victims assistance advocate. At the very least call the cops and tell them your story, they will help you. Good luck and be safe.