napy666 Posted September 5, 2013 Posted September 5, 2013 How hard is it to get a restraining order on someone? My friend tells me they tried getting one for their ex but the cops didn't do anything.
93TheHitStick Posted September 5, 2013 Posted September 5, 2013 Its super easy. If you call the cops on your partner they automatically but a restraining order in place. You can also go to like family court or whatever and get one put in place. Its like a civil matter. But you have to have a reason to get one. Like your boyfriends beating you up, hes a stalker, your scared for your life, something like that. But really all you have to do is say that these things are true and the judge will still grant the order its not like you need proof.
Balzac Posted September 5, 2013 Posted September 5, 2013 A judge issues a no contact order not a cop.
carhill Posted September 5, 2013 Posted September 5, 2013 TRO's, restraining orders and injunctions are issued by the courts. A TRO (temporary restraining order) is a common order issued to restrain a person/entity while awaiting a hearing on the matter of conflict/dispute. One potential involvement of the police is receiving a domestic violence report, responding and, if observing unlawful activity, arresting one or both parties. Another potential is the injured party swearing a legal complaint out against the offending party and the police acting on that complaint. After, the injured party can request relief from the courts in the form of a restraining order. Sometimes each party requests such an order on the other party. Usually, an attorney presents the request to the court. The police generally aren't involved in that part, though separate criminal charges may be filed based on their arrest/incident report and prosecuted by the district attorney. It's not real 'hard' to get a TRO in an alleged domestic abuse situation, but a credible case will eventually have to be made. That can get 'hard' and expensive. TRO's are short duration, so a short-term solution, generally days. Restricting someone's freedom is serious business. YMMV on the specifics but that's been my experience in my jurisdiction.
amaysngrace Posted September 5, 2013 Posted September 5, 2013 How hard is it to get a restraining order on someone? My friend tells me they tried getting one for their ex but the cops didn't do anything. Cops won't do anything unless there is already a restraining order in place that's been broken. You have to file for one in a courthouse. They are easy to get if you have a legitimate reason for one.
Author napy666 Posted September 5, 2013 Author Posted September 5, 2013 Can you get a restraining order online?
Ninjainpajamas Posted September 5, 2013 Posted September 5, 2013 Can you get a restraining order online? Yeah just got to restrainingorder.com, fill out an application online, print out the form and place it on your bedroom door along with a sticker you place on your car...then you'll be protected! 3
carhill Posted September 5, 2013 Posted September 5, 2013 Can you get a restraining order online? Here's the process, with some parts being online, in a jurisdiction near mine, this in Santa Clara county. That court has a 'self-help' program which assists people who may not otherwise be able to afford an attorney or the fees. Civil Harassment Restraining Orders - Superior Court of California Also, there are law firms which have an online presence which may be able to assist, at a cost. Eventually, though, actual documents need to be filed in person with the court, either by the party themselves or through a legal representative. Check your local court for more info. Most courts have a lot of online info these days. Good luck.
Moe'sTavern Posted September 5, 2013 Posted September 5, 2013 Yeah just got to restrainingorder.com, fill out an application online, print out the form and place it on your bedroom door along with a sticker you place on your car...then you'll be protected! Lol. Well there you go. Problem solved.
TB Rhine Posted September 5, 2013 Posted September 5, 2013 My mom and sister have had issues in the past with people harassing them (this is rural Ohio we're talking about). In my sister's case it was her ex-husband and his parents - in an effort to intimidate her into not pursuing joint custody of their daughter, they would constantly - I mean like every other day - file charges against her in court, for petty theft and such like that. They would also call any place she was able to get a job and inform them of stuff in her past that would cause her to be let go. In my mom's case, a mentally unstable woman who lives in her town became convinced my mom had carried on an affair with her (now late) husband, and would make harassing phone calls to her home and work, etc. She contacted the police, and was basically told that unless the woman directly threatened her or physically assaulted her, there was nothing they could do. My sister was told by a cop that she could get her ex for "harassing by stalking," but when she took it to court the judge wouldn't do anything. My guess is that, if you go to the police, the best you'll be able to manage is for them to go out and give the person in question a "talking to." They may even get him to sign a cease and desist agreement, but I don't know how legally binding those are (if at all), and they can't force him to sign it. Beyond that, I would suggest documenting this person's attempts to contact you/harassing behavior, with recordings and so on if possible. Then hire a decent lawyer, preferably one who specializes in such things, and take them to court.
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