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Can I get a restraining order?

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dani777

Junior Member
What is the name of your state?What is the name of your state? CA. My sister has been in an abusive relationship. Recently her boyfriend hit her a few times and tried to choke her with a phone cord. A neighbor called the police and he was arrested. He spent two days in jail, but was released because my sister decided not to press charges. Before the police arrived at her house, the man threatened her telling her that if he went to jail over this he would make sure that everyone she new hated her for ever knowing him. He said he was going to start by making my life (and my childrens lives) a living hell. While he was being arrested my sister told the police officer the threat that had been made, she advised that she get a restraining order and include me on it so that he would not be able to come near me or my family. Well, she ended up getting back together with this man and not getting the restraining order after all (go figure). He is now calling people I know trying to find out where I work. I don't know what he has up his sleave, but I don't feel safe. He lives two blocks away from my home. I live by myself with my 3 children. Am I able to get a restraining order against this man because of merely verbal threats? If so what do I need and how do I go about doing it?
 


S

seniorjudge

Guest
Q: Am I able to get a restraining order against this man because of merely verbal threats? If so what do I need and how do I go about doing it?

A: Have you talked to the cops about getting a restraining order? That would seem to me to be the place to start.
 

CdwJava

Senior Member
dani777 said:
My sister has been in an abusive relationship. Recently her boyfriend hit her a few times and tried to choke her with a phone cord. A neighbor called the police and he was arrested. He spent two days in jail, but was released because my sister decided not to press charges.
You aren't getting the whole story ... if he was arrested for any domestic violence statute, the issue of her pressing charges is irrelevant. In fact, we expect she will recant her statement. The state can, and usually will, go forward even if the victim recants.

If he was released, it was because he made bail. If charges were dropped, it was because the DA felt that there wa insufficient proof to go forward with a prosecution at this time.


He is now calling people I know trying to find out where I work. I don't know what he has up his sleave, but I don't feel safe. He lives two blocks away from my home. I live by myself with my 3 children. Am I able to get a restraining order against this man because of merely verbal threats? If so what do I need and how do I go about doing it?
Go to the local courthouse and ask them about a civil restraining order. There is likely a fee attached (I have heard it is a sliding scale and can go as high as $250), so be prepared to write a check. A judge will decide if there is grounds for a temporary order and will issue a temporary restraining order with a pending court date if there is sufficient grounds.

However, given the third-hand nature of the activity so far, I doubt any TRO would be issued ... nor would it do any good. Asking people where you work would not violate the order even if it were issued.

You can try, but don't count on it.

- Carl
 

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