Can someone file a restraining order against you if they don't have evidence? If you are afraid of a person but they haven't verbally threatened you or tried to hurt you, can you bring a claim? This person is always showing up in the same places as me, not doing anything but watching me. Does that constitute stalking?
2007-10-20 08:46:53 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
you have to show cause there is a need for a RO.
The judge will want to see evidence that this person somehow poses a threat to you. Remember they will be in a way restricting this persons freedoms by issuing the RO so a judge will be careful tomake sure there is a reason for it.
If you go there with what you have told me then no they most likley wont grant one.
You wounl'd beleive how many times people try to get one issued just to get back as someone or mess with them. The court will need to see some evidence this person is a threat to you. You have to remember an RO affects the person it is issued against in a lot of ways.
If they are a hunter they can not posses a gun while an RO is out against them. If they go somewhere and you are there they have to leave. A lot of people use them to gain control over mutual friends and hang outs. That is why the courts look so close at the reason why you want one and what proof you have you need one
If they are public places and he has not approached you it will not pass the test. If he shows up let's say in the women's restroom with you then it is different, but if he ends up at the mall while you are there it is hard to say that is illegal.
I have sat in on many of these hearings and while when there is reason to get one the court is quick to issue them but when there is not enough proof then they won't
ADDITION: Don't beleive the person who said they have to prove they are not a threat to you. It is the other way around. The burden of proof is on you. Remember Innocent until prooven guilty in the states.
If you feel this person is truly following you snap pictures with your cell and keep them as proof. Yuo can always try for the RO the worst thing that can happen is they say no.
If you are in a place like a mall and he is following you walk to the mall security and tell them your concern this will elt him know you are not just going to put up with it. Dont confront him yourself. It is a very serious thing to have this going on. My advice is just from experince with the courts, but with saying that you should do everything you can to protect yourself.
2007-10-20 08:51:02 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I believe that a person would need to show probable cause in order to recieve a Restraining order. Have proof that you are being followed.
If you have any fears or concerns about this person, you should be prepared to explain those fears and or concerns in a way that is believable by the courts.
Also, you have the option of contacting an attorney, and ask them what type of information you will need to provide the courts. Most attorneys will answer a question such as this over the telephone at no cost.
Also, call the courts and ask for the Department that handles Restraining orders, ask them. Another source is a Womens Shelter, they have Advocates on hand to speak with for advice.
2007-10-20 08:59:06 · answer #2 · answered by hs_lmb 2 · 0⤊ 0⤋
Stalking is a legal term for repeated harassment, or other forms of invasion of a person's privacy, in a manner which causes fear to the person. Statutes vary between jurisdictions.
Some things that are considered as stalking are being
repeatedly followed, observing a person's actions closely for an extended period of time, contacting family members, friends, or associates.
Many years ago (I don't know if this is in effect in your area) .. a person had to FIRST make a police report of a person stalking them, and how they are doing it, before police could step in. So, it would be a good idea to make a report to the police every time this person appears where you are. If the police contact this person - and the person does not want to stop stalking you - the stalker may stalk you in another way.
Stalking laws differ in each State. Also - restraining order differ in each court, by each different Judge.
If you can ... get a camera that puts dates on the pictures .. and take a picture of your stalker each time. In the picture, try to involve something significant .. for example, the store logo on the window, etc .. this way, he cannot deny being at that particular location. If you have someone with you to witness your stalker stalking you ... make sure that your witness can identify your stalker perfectly .. and have your witness write down their testimonry that day. You should also keep a log of time, date, location .. what he was wearing, incidents ,, and anything else you can think of.
If he is stalking you where he can see you .. he may be also stalking you in other places where you cannot see him. Beware.
I have included a link for you to check out.
Be very careful. You cannot be careful enough. Get your solid proof .. and try to gather it, if you can, without your stalker knowing about it.
2007-10-20 09:06:55 · answer #3 · answered by Tara 7 · 0⤊ 0⤋
You need some evidence to offer to the court that the person is a threat -- more than just your own fears.
And yes, it may count as stalking -- depending on how that is defined in your state -- and that may be sufficient evidence.
It also depends on what you are asking for -- a protective order preventing the person from contacting or interacting with you is more likely to be granted than one preventing the person from going anywhere you might be.
2007-10-20 08:54:49 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
Yes 100%.
You can file a restraining order for a Stalker.
You will however need his contact information so the court can serve him the notice.
Also note: each county has its own order, if he is following you across the county lines you may want to contact a lawyer and file a statewide order against him.
2007-10-20 08:52:41 · answer #5 · answered by Thomas B 5 · 0⤊ 0⤋
Do you know this person? You can file any time you feel threatened... They have to prove they are not a threat to you in court.
2007-10-20 08:59:41 · answer #6 · answered by mslorikaraoke 3 · 0⤊ 1⤋
Just tell your story. If it makes sense, the judge will make the order.
2007-10-20 08:53:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋