If someone is harrassing you and making verbal threats to you over the phone (via calls, texts, etc) is it possible to get a restraining order? And what if they live in a different state. It is harrassment, i am sure of that, but, would it be worthy of a restraining order?
2007-12-23 19:00:43 · 9 answers · asked by tiredangel17 2 in Politics & Government ➔ Law Enforcement & Police
FYI - Phone companies can not restrict numbers from calling or texting... and, obviously, with a restraining order i'd have to get a new number, but, they know more information than my # (as they are friends of my ex). So, Blocking the number is not an option. Also, the police are already aware of the situation, as it has been on going, and, the sgt. has personally called one of the people involved before. But, i am tired of this, and, i would like to put a restraining order against them if its possible. My question is: does this behavior from them warrant being granted a restraining order? So, please, dont respond with stupid answers that dont answer my question.
2007-12-23 19:08:51 · update #1
Who told you the phone company can do nothing? In Canada, their phone service can be terminated totally for using the phone in such a way. It is illegal to harass or threaten, or verbally abuse with profane language especially. I don't know why it wouldn't be just as illegal where you are. With call trace, the police can track time of all abusive calls, and the originating number, with the phone company files, and charges can be laid. It doesn't happen often, but it does happen.
2007-12-23 19:24:28 · answer #1 · answered by Fred C 7 · 0⤊ 0⤋
Absent the means of carrying out the threat, it may be more difficult to obtain a restraining order in this situation.
You did not specify as to what the threats entailed, but if you could convince a judge you have a concern for your safety, it would probably be granted. If the respondent doesn't show up, it will probably be granted.
If you did get a restraining order, it would be given full faith and credit in all states, so it could be enforced even if he lives in a different jurisdiction.
2007-12-24 03:07:00 · answer #2 · answered by trooper3316 7 · 2⤊ 0⤋
Well, it depends what they say. If they just say hi, bi and thats the end, then just change your number or block the calls. But if he's saying he will kill you than definitely go to the police and get a restraining order. It can help if you want the person to stop calling you. I think a restraining order is the wrong term because the person hasn't come near you...
2007-12-24 03:08:59 · answer #3 · answered by Anonymous · 0⤊ 2⤋
If you file for an order You will receive one (lol....they pass them out like candy) .
Theres a problems with a civil injunction though:
Any time the respondent files a motion to dismiss or modify, you will be subpoenad to appear. Each and every time they file.
Your better to go after a criminal charge of felony phone harrassment.
The judge will issue a C.P.O. (criminal protective order) against them. This is between them and the judge , not you.
2007-12-24 13:02:41 · answer #4 · answered by "Not today, Zurg!" 6 · 0⤊ 0⤋
I have a situation sort of similar . the police department told me first I must file a complaint then there after I can file a restraining order .. best bet contact your local police department
2007-12-24 03:08:46 · answer #5 · answered by Danielle S 3 · 0⤊ 0⤋
Restraining order is proper to stop someone from harassing and threatening the complainant because it is the best and most immediate remedy.
2007-12-24 03:05:54 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
It wouldn't be a restraining order, you would need to get an anti harassment order. Or like some one else said, change your number, or block theirs. It would be cheaper and easier to just change your damn number.
2007-12-24 03:09:26 · answer #7 · answered by Shari C 2 · 1⤊ 2⤋
Yeah you can get one as long as you have kept the text messages or voicemail messages.
2007-12-24 08:07:08 · answer #8 · answered by jennyღ 5 · 0⤊ 0⤋
OMG! just get another number or block their calls!
2007-12-24 03:05:06 · answer #9 · answered by Anonymous · 0⤊ 2⤋