Quote:
Originally posted by Fayebelle
...Your BF needs to threaten her w/ a restraining order- nothing else is working...
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NO! Using a Restraining Order, or even a TRO in that way, even "threatening" to get one, can be interpreted as using a RO in a manner in which to harass another. This is a crime, and ROs/TROs are not intended to be used in this manner. ROs are intended to protect persons, not threaten or harass other persons. I don't care if this girl is coming up to his house with a loaded shot gun, threatening her with a RO is a big NO NO.
I'd agree that the boyfriend should GET a restraining order. Good luck on that, especially seeing as he is a man. The way in which police tend to approach these situations is "Just ignore her". I've been there and had little luck myself.
I see it was mentioned that the ex leaves
voice mails,
emails, and
text messages. Save all of these. Print to hard copy anything that you can. Save notes. If someone picks up the telephone and she's on it, write down the time of the call, what was said, and how it made you feel. Keep a journal of any events, especially specific times when friends say they were contacted by this ex of his. You'll need all the proof, and very specific dates and times, if he is going to form a case against her.
He doesn't necessarily have to file for the TRO now, but it's good to start gathering up this information NOW. Keep it very organized and in a safe place. When your boyfriend goes to the police department to file for a TRO (Temporary Restraining Order), he will need to have proof that he is being harassed or threatened by this ex.
After the TRO is granted (hopefully), it will usually be in effect for a period of one week. After this week, he will be required to prove his case in court against her at a family court. He will have to see her face to face in the court house, but hopefully things will get settled, and the TRO will become a FRO (Finalized restraining order).
If he can't get the TRO, don't let the police drive him away that easily. He can file for anything that he wants. To file for a TRO, the signing officer and judge must have proof that he is in danger, or being threatened somehow by this girl. To file harassment, however, or other charges, he doesn't need "permission" to do so. If they give him a hard time about the TRO for being a guy (unfortunately, some places do that) he can always file for something else that is appropriate.
If things work out, and he gets an order of protection, it might be a good idea to consult an attorney. The way that the law tends to work, sometimes, is that your boyfriend and his ex will just be told to "stay away from one another". A FRO would do the same thing, as it will be ordered by a judge. However, it wouldn't be a bad idea to invest in an attorney to bring up her mental instability. I wouldn't recommend your boyfriend bring any of that up unless he has an attorney, who can better handle that sort of issue.
Good luck! Also remember, however... If a TRO/FRO is granted, and your boyfriend communicates in any way, or does anything to bother his ex, HE can get arrested. TRO/FROs go both ways.