restraining order

[nomore11]

hi i was wondering if anyone could tell me what kind of proof u need to obatin a restraining order against someone who threatens u and your daughter over the phone and in person? i have solidly no hard proof? can if be done? if so how?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Go down to your local domestic violence clinic and have them help you.

You need to get specific with dates, events, circumstances, etc.

 

[nomore11]

i understand that, bein a law person as u are, can u then tell me what kind of cutstomary evidence is needes to obtain a restraining order?? thank you

 

[lawrat]

Like i said, specific dates, circumstances, etc.

This will all be written down in the form of an affadavit and presented to the court to determine if there is sufficient evidence to prove a TRO is needed. TRO being temporary restraining order.

 

[nomore11]

can i do this on my own or does a lawyer need to be involved?

 

[Juan Rodriguez]

OK, by the numbers. 1. You don't need an attorney, the clerk at the domestic violence court will assist you. 2. For a TRO your word is good enough. 3. If wish to make it permanent you need to sound convicing and he needs to sound like a liar.

You have to be in fear for your life in most cases. The domestic violence judges hear these problems everyday. They can spot the truth as well as a lie very quickly.



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[lawrat]

Juan is right. I saw many cases of this when I worked in the domestic violence clinic. Preparing affadavits based on obvious lies is something we would turn away.