Another Question

[CJane]

it upsets me because I know what they're trying to do...find out information to report to my ex so he can build his 'case' against me, and i'm just tired of all the stress...i can't sleep at night because i'm worried what they're trying to pull, sometimes i have nightmares...i know it probably sounds unreasonable, i just can't help it.

i get to the point to where i am fine, and right about the time i decide things are starting to look up, they call back and it's like i take 10 steps backward...

NOW it's harassment.

Go see about filing a restraining order.

 

[Peanuts200788]

does it cost a lot of money to do that? i figured i would wait and see if they call again since my mom told her not to...then IF they did, call the sherriffs dept...is that a good course of action or should i do something now?

 

[CJane]

does it cost a lot of money to do that? i figured i would wait and see if they call again since my mom told her not to...then IF they did, call the sherriffs dept...is that a good course of action or should i do something now?

You're not out anything by waiting... and it would probably be better to do-so.

And to my knowledge, filing an ex parte is free.

 

[Peanuts200788]

You're not out anything by waiting... and it would probably be better to do-so.

And to my knowledge, filing an ex parte is free.

how would i go about filing for an ex parte...can i do that without an attorney?

 

[Silverplum]

how would i go about filing for an ex parte...can i do that without an attorney?

Here's the GA Court Rules:
http://www.gasupreme.us/scrules01.php

Off to look for FORMS.

Here's how to file plus FAQ:
http://www.womenslaw.org/GA/GA_how_to.htm

 

[Peanuts200788]

Here's the GA Court Rules:
http://www.gasupreme.us/scrules01.php
I'm on this website...i cant find the FORMS link (knowing me its probably right in front of my face I just cant see it
Off to look for FORMS.

Here's how to file plus FAQ:
http://www.womenslaw.org/GA/GA_how_to.htm

I appreciate all of your help! Thanks SOOO much

 

[CJane]

If someone other than a family or household member is hurting you, there are different laws designed to protect you. If anyone has stalked you, you may be eligible for a Stalking Protection Order.

Under GA law, stalking is when someone follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. Someone can stalk you in person; over the computer; or by telephone, email, mail, or other ways of communication.(12)

Stalking Protection Orders can generally last up to 12 months, but they may be extended or made permanent in certain circumstances.

The process for getting a Stalking Protection Order is very similar to the process of getting a Family Violence Protection Order. To get the forms you'll need to file for a Stalking Protection Order, go to www.lawhelp.org/documents/clusters/GA/115/English/GLSPFAMVIOL.shtml or contact the clerk of court at your local courthouse.

If you are under 18 years old, you have to find someone who is 18 or older to file for you. Also, you can file for an order against someone who is a minor.

Victims of stalking are entitled to notice of release from custody of the person arrested and notice of bail hearings if they can give a land line pnone number.

The Georgia Legal Services Program publishes a guide to getting a Stalking Protection Order at

www.lawhelp.org/documents/2243012004stalking.pdf?stateabbrev=/GA/

Some of the forms you might need include:

Petition for Temporary Family Violence Protection Order
Ex Parte Family Violence Protection Order
Twelve Month Family Violence Protection Order
Petition for Stalking Temporary Protection Order
Stalking Ex Parte Temporary Protection Order
Stalking Twelve Month Protection Order

You need the last 3 forms.

 

[CJane]

Here's how to file plus FAQ:
http://www.womenslaw.org/GA/GA_how_to.htm

Which is the same site I got all the stuff that I quoted from.

 

[Silverplum]

Which is the same site I got all the stuff that I quoted from.

Because we are in a Vulcan Mind Meld!

 

[CJane]

Because we are in a Vulcan Mind Meld!

That's kinda hawt.

Speaking of Hawt. I've been missing Mr. Breeze something fierce lately.

 

[Peanuts200788]

so i would file these against my ex and the other ppl harrassing me right?

I have the forms, so i would print them out and then take them to the court house to file?

and should i go ahead and do this, in your opinon, or wait & see if they call again?

 

[TinkerBelleLuvr]

Is it just Peanut who should file, or should the parents also? Reason for the question is that she says the parents are tired of the calls.

 

[CJane]

Is it just Peanut who should file, or should the parents also? Reason for the question is that she says the parents are tired of the calls.

Being tired of the calls isn't enough. The burden of proof is 'substantial emotional distress'.

Granted, I'm not in GA, but that's basically why Asshat only managed to get me to agree to extend the Ex parte, not agree to a full order of protection. It's basically to give him a chance to prove the harm caused by reading my posts here. Especially since I haven't had contact w/him in 18 months.

Peanut... I don't think you can file against the ex unless he contacts you directly. File against this person that's speaking to you NOW. If the ex contacts you after being told by law enforcement not to, THEN file.

 

[Peanuts200788]

Being tired of the calls isn't enough. The burden of proof is 'substantial emotional distress'.

Granted, I'm not in GA, but that's basically why Asshat only managed to get me to agree to extend the Ex parte, not agree to a full order of protection. It's basically to give him a chance to prove the harm caused by reading my posts here. Especially since I haven't had contact w/him in 18 months.

Peanut... I don't think you can file against the ex unless he contacts you directly. File against this person that's speaking to you NOW. If the ex contacts you after being told by law enforcement not to, THEN file.

so its ok for me to go ahead and file even if my mom only told her to stop calling today?

 

[CJane]

so its ok for me to go ahead and file even if my mom only told her to stop calling today?

Patience grasshoppa.