how do i get a restraining order against someone whos already incarcerated, but will be released in january?
2006-12-08 09:51:24 · 7 answers · asked by xtal6872 3 in Politics & Government ➔ Law & Ethics
this question should be asked to a lawyer.
2006-12-08 09:58:42 · answer #1 · answered by DarkAngel 3 · 0⤊ 0⤋
Go to your county courthouse. The clerk of the circuit court will have paperwork. You will need to document the reasons why you are fearful of harm from the person and it helps to have police reports or witnesses in case it is contested when the person is released. In some states you can't get the order until the person is released, but if I were you, I would file it NOW anyway. I've been there and it is a scary proposition. Good luck to you.
2006-12-08 10:35:17 · answer #2 · answered by swarr2001 5 · 0⤊ 0⤋
You need to speak with your local police, they can provide you the paperwork.
The paperwork needs to be completed fully, including references on how this person HAS threatened you and how you believe they will be a threat to you. include ALL evidence of any threatening behavior they have displayed towards you - letters, emails, phone calls, anything you can reference where they have threatened you.
Then, once the paperwork is filed, they will serve it to the other party AND set up a court date where you present your case to a judge, they get a chance to refute it and the judge will either grant it or not. I am not sure how they will handle this since someone is incarcerated, btu it will make it easier to serve the paperwork since they don't have to track him down. Talk to your local police, they can help.
2006-12-08 10:01:44 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If she has filed the order she should not be in worry if she chooses to break it--yet she's making a astounding mistake if she does. The restraining order became positioned into effect to guard her from this guy. The courtroom gadget received't take her heavily if she deliberately places herself in position to be close to him.
2016-11-24 23:43:31 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Prepare the paperwork ahead of time; file it shortly before the release date & have him served while in jail. The court date should be after his release so he can show up for the hearing.
2006-12-08 10:06:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First, you need a police report describing the incident/s that make you feel unsafe near this person. Then you take this report to the Domestic Violence division of your local courthouse and fill out more paperwork. They will guide you from there.
Best wishes.
2006-12-08 09:55:51 · answer #6 · answered by Rhonda 7 · 0⤊ 0⤋
If you can convince the court that you have just cause for your request, it is possible. Just cause may be hard to establish without supporting documentation and/or witnesses. I would strongly suggest legal counsel for guidance.
2006-12-08 09:59:47 · answer #7 · answered by rvload v 2 · 0⤊ 0⤋