To follow up on my earlier question, basically, if I get a restraining order on a crazy ex-wife (I'm dating her ex-husband), will the order NOT allow her to call my phone, but allow her 2 children (5 and 10 years old) to call? Her calls are very harassing and CONSTANT. Serious answers only please.
2007-03-06 08:15:49 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
A restraining order is what's called an injunction which is a court order that essentially set parameters which allow or prohibit a certain person from a certain act. So the point is that if you do go before a court and that court orders this person to refrain from contacting you then this person cannot contact you under any circumstance. In most cases the court order will define the restrictions in writing - so if there main issue is harassment by phone then that will be detailed in the court order and that person cannot contact you by phone. Furthermore this person will be prohibited from instructing others to contact you and harass you. The children do have the right to contact their father this you cannot prevent.
Before filing a restraining order I would suggest you to contact your local police station and file an obscene or harassing phone call complaint against her. Every police station can file these complaints and it will further strengthen your case if you do go to court. The police will most often investigate the situation to the best of their ability, but the most important part is that it will be filed with the police so you will have documentation of the harassment.
Also worst comes to worst you can change your number and restrict it - that way only people you want to have your number will.
Good luck and I hope this person stops bothering you.
2007-03-06 08:39:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Obtaining a restraining order will require that you fill out a written complaint at a superior court. A judge determines the restrictions set on the order however no contact by phone is one of the options. It will be served upon the ex-wife by a sheriff and is also filed with the local police department. For a period of time there was no penalty for violating a restraining order but I believe that most states have made it a crime if the person violates the order which means she can be arrested. The kids on the other hand are a different story. Although it's not right she is probably using the kids to make contact with their father and this is something that your boyfriend should probably want to work out with them.
As far as the ex wife is concerned you can also keep a record of all the calls and file a complain with your local police department. If she continues to call that would constitute harassment and she could be arrested. Although she is not related to you the court may still consider it domestic (because it is obviously harassing her ex) and they may issue a protective order.
I hope this helps.
2007-03-06 10:49:35 · answer #2 · answered by Milo F 2 · 0⤊ 0⤋
A parent can be held responsible for the conduct of the children, and phone harrassment is criminal. That would apply, even without any restraining order.
Of course, caller id and/ or answering machine should help in documenting that the calls are happening, and how constantly.
A restraining order would just be icing on the cake.
2007-03-06 18:33:46 · answer #3 · answered by wendy c 7 · 0⤊ 0⤋
There is a very good possibility that the order could read like that. Make sure the order covers all forms of personal, phone and e-mail contact with you.
PS - Depending on the laws of the state where you live she may be guilty of the crime of harassment. If you want to know, and want action taken, call the prosecuting attorney's office.
2007-03-06 08:19:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
A court may tailor an order as justice requires -- those restraining orders are equitable, so can be flexible. Now, if you are requesting relief like blocking her number from your phone, then of course, the kids can't call. But just asking the Court to prevent HER from calling is just fine.
2007-03-06 08:18:54 · answer #5 · answered by Perdendosi 7 · 0⤊ 0⤋
The restraining order would be against the ex not the children...therefore the children would be able to call!
2007-03-06 08:19:48 · answer #6 · answered by KC V ™ 7 · 1⤊ 0⤋
once you're attending college, and he or she's paying the educational, or you're living someplace that your mom helps pay for, she will probable get the order prolonged to that faculty and materials. yet because of fact the different poster stated, after 2 years, and additionally you having reached the age of majority, the court docket won't have faith there is any danger.
2016-10-17 10:24:16 · answer #7 · answered by scafuri 4 · 0⤊ 0⤋