what constitutes a restraining order?

Hi, I have come here for advice before. Now I really need it. First off, I live in Orange County, N.Y.
My daughters father, ( who isnt on the birth certificate, and doesnt help out financially at all), emotionally abuses me all the time. It has gotten to the point where I lost all my self esteem. He yells at me all the time. He calls my house ( we dont live together), even when I tell him to stop calling. He screams out very bad obscenities. ex: vulgar language, names. Last week, while visiting his house (so he could see his daughter). He started screaming at me in front of her. He picked her up, and said, "yeah, I know, I'm sorry your mother is such a f*cking stupid b*tch. It has gotten to the point that my daughter thinks its perfectly normal for daddy to scream at mommy, that it doesnt even phase her anymore. His parents have witnessed his outbursts at me, but of course would cover up for him. I have gotten to the point where I do not want to see him, or hear him. He will not leave me alone.
Prior to this, he has a permanent restraining order against him from his ex girlfriend. He also has formal complaints from his sons mother at the police station (different woman). On top of this, he is on probation, for assaulting his father, in a drunkin rage. And also assaulting 2 police officers while resisting arrest. He has violated probation, and the proof of that is on his hospital records. He is not allowed to drink any alcohol, and in December, got so drunk that he got 3rd degree frostbite on his foot. (his probation officer does not know about this). He has not had a job since last May. I dont have written proof, or an answering machine, so am I just screwed? Is there nothing I can do?

[I AM ALWAYS LIABLE]

My response:

First, you need to file a Petition for child support. That's primary. See a Family Law attorney immediately for this.

Secondarily, you don't need "proof", other than your own testimony, to obtain a Temporary Restraining Order. Go to your nearest Criminal Courts building and see the Window Clerk for the papers. Fill them out in GRAPHIC detail (including his swear words), and file them with the clerk. You'll get into a courtroom immediately to see the judge. The hearing will last about 3 minutes. In fact, your waiting time will be longer. Then, another, full blown hearing will be scheduled for you and your boyfriend to show up at. That will be in another couple of weeks. But, at least in the meantime, he won't be able to come near you or call you. If he does, it's arrest time for him. Call the police.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-10-2001 at 07:38 PM]