Restraining Order?

Question

Among other things, my ex boyfriend threatened me after we broke up, impersonated me to have things like utilities and my cell phone shut off and continuously called harrassing me after we broke up. I finally had to change phone numbers and email addresses. He is now in prison on a parole violation (surprise to me) and is continuing to contact my friends, family, etc. and have his family call me. Can I get a restraining order? What is the process since he is in prison and can't appear in court? I don't want to have to face him in court to get one.

Answer 1

I think it may be possible to get an ex parte restraining order without having him appear in court. Talk to your lawyer, it won't happen unless you start the proceedings.

Answer 2

It is more than a restraining order that would be written (with the Judge's agreement of course): It would be an order of protection, given to people who are related or who have lived together (ie roommates). Those domestic situations have been found to be especially volatile, and greater caution and care is given in writing the order.

When the order is written be very specific as to how this person is not to contact you: by phone, mail, e-mail, thru other people, etc. He will eventually get out of jail and there is a chance that the courts dont want to take of him contacting you again for retribution. If he attempts to contact you in any of the ways mentioned on the order, then notify the courts that he has a violation of a court order, and even if in jail, he can be charged.

There is a feature that used to be on the phone, where a *69 done after the offending phone call from the person notates that call, and then when you file a violation for that attempted contact, law enforcement can look it up via the connection with local phone company.

The order of Protection can be issued without him there if there is sufficient cause presented, like previous incidents--whatever proof you have bring documentation. He probably has a chance when the order is served in jail to give a written rebuttal, and may be allowed to come to the court to state his piece. However, you dont have to respond to him, and any mouthing off on his part will justify an order of protection being issued: All up to the judge, and each superior court in each county/state, etc has its own guidelines. That is generally the procedure tho' and should help you.

Answer 3

You don't have to, especially if he's already in jail.
Take the information you have about the cell phone and utilities, and if you have print-outs or other evidence of him harassing you, and get all the papers together and bring them to the jail where he is being housed. Or even just call them and ask to speak to the warden or sheriff (if it's county lockup). Tell the warden or the sheriff, or whomever is in charge, that this person is harassing you from jail by contacting other people to contact you -- they will likely suspend his communication priviledges without any evidence, but make sure you have some anyway.
If that doesn't work, take the same info to the local court or police, and they can issue a restraining order without you having to confront this guy.
Either way, they can issue an order that he can't contact you, and also that he cannot have someone else contact you for him. You can even add our friends or family members' names to the order so he has to leave them alone, too.
But I would contact the jail first, since that's where he is, and it would be much easier to get them to restrict him than to go to the police.

Answer 4

If you have proof he is harassing, you definitely can. AND talk to his probation/parole agent. If the agent is a good agent, he'll make it a rule in the stipulations that he is to have no contact with you.