My ex- is harrasing me and embarrasing me at my work place, I was told that to get a restraining orde. I did so but at the court house they said and I quote " You do not have physical damage tyour body or face" what the heck, how about mental abuse and emotional stress? Do you think it was wrong for them to say no to a restraing order?
2007-02-24 02:02:10 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I don't know what state u live in, and even different cities and areas in each state have their own different rules/regulations when it comes to that kind of stuff-- but that is just ridiculous! The whole POINT of a restraing order IS TO PREVENT the petitioner/victim from being ABUSEd/harrassed, but they r telling u that u have to be abused physically first? When they can possibly help end the bs now, before anyone does get physically hurt? Sometimes it only takes one incident of physical abuse to cause great injury or worse......While a restraining order still doesn't mean that it won't happen, cuz some perpertrator's ignore them, they do have the power and opportunity to at least try and prevent it. Also some will try to file false accusations, or become worrysome over nothing, but if u can show definite proof of harrassment, then they are definitely in the wrong here. If they refuse someone a restraining order just cuz the abuse/harrassment hasn't gone to the physical aspect yet, then they should be prepared for a lawsuit/repremand if it is found that someone is seriously hurt or worse-killed- and it is found that they could have helped to try and prevent it. And if that is really how they determine wether or not a case is deemed 'worthy' of help, I'm suprized that that hasn't happened already. Like i said b4.......it only takes one time, to do serious damage or worse, so why not do whatever they can to help prevent that b4 it gets to the point of physical violence?
2007-02-24 04:14:44 · answer #1 · answered by Lisa 2 · 0⤊ 0⤋
That is total bullshit. You have to be abused FIRST? Obviously you want to get the restraining order to AVOID being abused in the first place. I would go back and complain. I know in Georgia you can get a restraining order without physical abuse.
2007-02-24 02:06:06 · answer #2 · answered by smellyfoot ™ 7 · 0⤊ 0⤋
First, Restraining Orders are supposed to PREVENT physical injuries, not just react to them. So the judge erred, if this is why. Usually, you would have to show that bodily injury is "imminent." Get a lawyer, and get him to help you frame the petition in a way that will ensure the order.
2007-02-24 04:12:40 · answer #3 · answered by John Tiggity 2 · 0⤊ 0⤋
That is not a fact. Stalking, harassing in person or any other means if proven should get you a restraining order. Start getting proof and some allies.
2007-02-24 02:07:23 · answer #4 · answered by Heidi 4 6 · 0⤊ 0⤋
What you can do is get an order to make him stay away for
S T A L K i N G go to the magistrate and tell him your ex is stalking you and you are in fear of your life
2007-02-24 02:07:14 · answer #5 · answered by Denny O 4 · 0⤊ 0⤋
No...just claim assault...assault is simply feeling threaten by someone...its super hard to prove that you didn't assualt someone and it doesn't have to be physical...you just have to act scared and see you feel threatened by the ex. The restraining order will follow.
2007-02-24 02:13:07 · answer #6 · answered by Spades Of Columbia 5 · 0⤊ 0⤋
There is such a thing as fear of imminent harm. I would contact an attorney, possibly through your local YWCA, Church or legal services organization.
Good luck!
2007-02-24 02:06:52 · answer #7 · answered by Rob B, of MD 4 · 0⤊ 0⤋