What are the Requirements for a Temporary Restraining Order (TRO)?
A temporary restraining order (TRO) is a court order that is put in place until the court can consider more evidence in the case. In most cases, a TRO lasts for only a few days, until a hearing can be held to determine whether a preliminary injunction will be issued until the full trial can be held. The main requirement for a temporary restraining order generally is that the party requesting the TRO will be immediately harmed in some way — such as financially or physically — if the other party is not restrained. Other requirements for a temporary restraining order typically are procedural, such as the requesting party or an attorney for that party needing to submit the proper paperwork that provides details of the harm that might occur if the TRO is not issued.
Types of TROs
There are many types of temporary restraining orders and reasons why they might be issued. For example, if there is a threat of immediate violence in a domestic dispute, a TRO might be issued to prevent one person from contacting or being near another person until a hearing can be held. A TRO might be issued to prevent a bank or creditor from immediately repossessing a vehicle, equipment or property if doing so might cause irreparable financial harm to the requesting party. Other cases in which TROs might be issued could involve copyright or trademark infringement, among other legal matters.
Prior Notification Not Required
One significant element of a temporary restraining order is that the party that would be restrained does not need to be notified before the TRO is issued. This means that when the requesting party appears before the court to ask for a TRO, the other party is not present and cannot dispute the requesting party's statements. One reason for this is so that the party that would be restrained cannot take action before the TRO is issued. For example, if two neighbors are involved in a dispute over the cutting down of trees near their shared property lines, the neighbor who wants to cut down the trees might do so before the TRO hearing if he or she is aware of it. If he or she is not made aware of the potential TRO before it is issued, however, that person cannot knowingly take action before the TRO is in effect.
Harm Must be Significant
If the harm that might be done if the temporary restraining order is not issued is not immediate, significant and irreparable, then the TRO is unlikely to be issued. For example, a person likely will not be granted a TRO that would prevent a vehicle from being repossessed unless he or she can persuade the court official that being without the vehicle for even a few days would cause significant financial harm. A small delivery business, however, might make a convincing argument that the loss of its delivery vehicle would severely hurt its business.
In Effect for Short Term
After a temporary restraining order is issued, a hearing is held to determine whether a preliminary injunction should be granted. This hearing usually occurs within a few days, and both parties are allowed to state their reasons why the preliminary injunction should or should not be issued. After the hearing, the TRO is then no longer in effect, and the court official must decide whether to issue the preliminary injunction, which would remain in effect until the end of the full trial. The trial, however, might not take place for several weeks, months or even years. At the end of the trial, the court's final decision is considered to be permanent.
@anon352446: I think you've figured out that, because you're of age, you have to be very careful. Please save all the messages you sent so you can prove you didn't say or imply anything that was threatening.
I am 19 years old. I have a minor which is 17 who sent me a text asking what was going on with my sister and another minor. The other minor. who is 17, messaged me, cursing at me and calling my mother names. I wrote back to the 17 year old, but I did not threaten her in any way!
I had blocked both minors and the first 17 year old set up another account where both minors wrote me again. The second minor got a temporary injunction on me and we have to go to court. What's the worst they can do to me because I'm of age?
I'm 17, nearly 18, and my boyfriend is 23. He threatens me a lot and tells me he'll punch me in the face and break my jaw. He says he hates me and I'm nothing but an idiot and a worthless slut, but then says he'll kill me if I ever leave him. Every time he gets annoyed he threatens to do something like drive into a tree. He's much bigger than I am and very strong so if he tried to hurt me, I wouldn't be able to fight. Is this enough to get a restraining order against him?
@anon347335: Honestly? Bring your daughter home and let her start over somewhere else. It sounds like this woman has issues. If your daughter leaves the territory, then the problem should solve itself. It sounds drastic, but unless there is some compelling reason for her to stay in that town, she needs to move home and start over. As you said, she's just 19, and she has plenty of time to get a fresh start away from these problems.
My daughter lives in a very small town in West Virginia, population 2,000 or so. She is only 19 and was seeing a counselor and continued to run into her at one of the handful of local restaurants, at Wal-Mart once and since her usual route to a daily practice is the only route and the route home for the counselor is the only route (same time of day for both), the counselor got a restraining order against my daughter!
They attend the same church and my daughter did not change her seat, as she felt that would be even more awkward, un-Christian and immature. The counselor says in the order that my daughter has many seats to choose from (as does the counselor) and that she turns around and looks at her family all the time (Impossible. She sits directly in front of them and that would be so obvious and uncomfortable for both!)
The counselor has shown up at stores where my husband and my daughter were already present, and at restaurants where my daughter always eats, always has, as there are only a handful to choose from. The counselor's husband leers at my daughter at church, waits in the parking lot and stares at her while my daughter talks with her college friends after church, which she has always done.
Ultimately, the counselor has lied about several events and omitted the part about her showing up where my daughter is. Like last week, while my daughter was at practice, she was shutting the main gate, because it was her job that night. While she was doing this, she saw the counselor and her family drive past the gate, not once, but twice -- back and forth. They don't participate in or watch that sport and it was obvious they were looking for her. My fear is that this will destroy her chance for employment, since she is a senior.
She has done all she can to stay away and not overtly be where this counselor is, other than church. She has never threatened her (as she loved this counselor and had the highest respect for her).
I was told by an attorney that in West Virginia, you cannot get a restraining order unless you have a "story" that shows you were physically put in harm’s way by the one you are complaining about. This is where it gets interesting. In the order, the counselor said that my daughter "cut her off" on the one road that goes to town. This did not ever happen, but the free legal advisor I spoke to, and I had the "aha" moment. We believe the counselor was told she would have to have some event such as the car event to file a restraining order. Interesting that suddenly, my daughter "cut her off" intentionally trying to cause her harm, so says the counselor.
My daughter is devastated by the thought that this women she so respected would ever think she would ever intentionally harass her or make her uncomfortable, let alone hurt her. For weeks prior to the counselor dropping her as a patient (a few months ago, for too many coincidental meetings at local places, etc.), my daughter called and had conversations with us about how creepy it was that her counselor was everywhere she was and that she was afraid she would think (that my daughter) was following her.
She asked me how could she address this with the counselor without insulting her or her thinking she was paranoid? We told her to bring it up at the next session and discuss it. There was no next session, as the counselor, never having said a word about this, dropped her.
Now, here we are, two months later and my suspicions tell me the counselor’s husband is a domineering, abusive type who's pushed this action, after hearing the counselor "talk" about it. Then, they made up the car story so they could get a restraining order. This will ruin my daughters life and her amazing opportunities to get a job! She has worked so hard to graduate college early, has led her youth group, behaved, played by the rules always and never, ever has she been a burden or annoyance to anyone. How do we defend her and prevent this restraining order of two years and 300 feet (which, by the way, prevents her from attending the same church, another devastating thing with her only family so far from home.)?
My daughter had an incident where this counselor and her husband followed her in a car, tailgating her and freaking her out, but she called us. We have nothing in writing to pin the exact day and time. The counselor, on the other hand, has details to the second and the minute and the street of the "cut off " incident, which never happened!
Please, please help us with advice quickly. We have been concerned about this counselor for months, but we tried to do the Christian thing, the right thing, by encouraging our daughter to just be very careful, steer clear, etc. In a town of 2,000, there is no possible way these two will not end up at the same restaurant, grocery store or community event. This is what has been happening over the past few months, just as it has with a dozen others she knows. It happens every day. It's such a tiny community physically and socially with very, very, very few businesses that serve lunch, grocery products, department store items, etc. Again, how do we help her prevent her life from being destroyed before it really begins? She is devastated, feeling hopeless, depressed and even suicidal. She cannot believe she's worked so hard to be such a good person and this is happening to her. Help.
My 16 year old son was jumped on at the four-wheeler trail by two other 16 and 17 year old kids he goes to school with. They hid in the woods and grabbed him as he drove by unexpectedly. They kicked him and pulled his helmet off and beat him. One kid pulled a knife and slit the top of his head open, which took several staples to close up.
They have been threatening him every time they see him. I tried getting a restraining order, but the lady at the courthouse front desk said there was not enough against them. I argued that beating and several threats are not enough? The kids are even being charged for assault and she still would not put the paperwork through for the judge to read. I hope she gets fired.
@anon331084: No. If she was still your wife when the money was removed from your shared checking account, then it was half hers. Why would you want to put a restraining order on her for that? No wonder she filed for divorce.
In the state of Florida how long can they continue to extend TRO's if the respondent is not located? Is there a statute of limitations as to how may TROs can be issued until such time as respondent is served?
My wife put a Restraining order on me. Is there any way to put it back on her and have hers voided if she did something, like take money out of our checking account when she signed papers for the divorce?
I received a Temporary Protection Order from the state of Colorado on my wife's behalf. I live in the state of Delaware and showing up for a court date that is in 5 days seems tough. We both were residents of Delaware but she flew there.
What will happen if I do not shop up for the date?
We have a 4 month old son together. A prompt reply will be appreciated.
@ anon244070: You can actually file a no contact order against her, as there is no statute of limitations on restraining orders (for some states). If the law is to be unbiased, and the statute of limitations on harassment has not expired, then you're within your full right to claim that person was harassing you. You can counterfile.
TROs are overused these days. They were put into force in 1986 are part of the domestic violence act. These were meant to protect people who are in danger of serious harm. They weren't meant to resolve petty arguments between couples.
There isn't always a Hollywood romance between couples. Life is hard. Many of these legal situations didn't exist before 1986. Couples either made up or broke apart. And if they couldn't break apart, then there was jail. Furthermore, there was a sense of honor and respect long ago. Maybe actually try telling the person that you will call the police or send them to jail. Or maybe actually have a long talk through the problems with the person, and try to compromise or resolve the situation.
A lot of these problems come about because people forget to recognize that the idea of a nuclear family is unrealistic and unnatural. People buy into particular societal beliefs about morality that they were brainwashed with. In a lot of ways, people are ignorant and unable to handle situations like adults.
I actually got to talk with someone who put a TRO against me. She said she did it because she was mad at me. Not because she felt threatened. I never physically abused her or attacked her. And if she was ever having a problem with me, she could have simply ignored me. She did it because she was bitter about the fact that I broke up with her. Furthermore, she made a big scene by acting like she was scared by getting her friends and family on her side to believe she was really scared. That wasn't the situation, however. Unfortunately, I didn't record the conversation. But I suspect if I wanted to actually wanted to get her back, I don't think a piece of paper would protect her very well.
Pieces of paper work pretty well on people who do not have the skills and knowledge to actually take action against someone. Many TROs work on taking guns away from someone. But if you get a TRO on someone who is a scientist or engineer, do not think that TRO is going to protect you that well. In most cases, a TRO will actually anger the person more than before. As such, it's not a worthwhile pursuit. Restraining orders are meant to be used when you're in serious danger. At least, many lawmakers will claim that.
But if you are in serious danger, well, they're not going to be enough to protect you. That are plenty of cases where people who had restraining orders put on them killed the petitioner, just because of the TRO. Really, a person should be scared to put a TRO on someone. Before 1986, there were no TROs. You had to use police force to take care of these situations. It's a felony that prevents the majority of people from getting access to a gun again. But it also hinders them from job possibilities. Furthermore, that's just going to anger the person even more, possibly putting the petitioner/defendant in even more danger.
So, as you can see, these really aren't even good methods for trying to resolve civil matters. It's possible to just change your phone number, block certain things, etc. It's not impossible to change your phone number. It's not impossible to filter email. I firmly believe most people are just trying to make a big scene out of things.
But as I've learned through all of this, be careful who you try to make a big scene with. It might turn into a bloody scene.
My name is Erin. I hope someone will respond and help me figure something out ASAP! The cops are not doing anything or being helpful, so I will try the online advice method.
I moved into my landlord's house about three weeks ago. He lives here, too. I rent the bottom half of his house. I have two small children (ages 2, and 9) who live with me full time. My problem is not necessarily with the landlord himself. My problem is with his psychotic girlfriend (well sort of; they break up and fight on a daily basis.) and I have been living in pure hell since I moved in! I was not aware of their history until after I moved in. I would never have moved in or signed a lease if I had been aware of this in the first place.
The landlord and his girlfriend fight all the time and last week it got so bad that I had to call the cops and the cops informed me that they have been called to this house over a dozen times for this very reason. I also did not know the girlfriend was even going to be living here. I thought she was just staying over a few days out of the week as his guest. I then realized she was actually gradually moving in full time. O.K., so she was cool and I got along with her – in the beginning. She is kind of weird, but whatever. I'm not the one dating her. Soon after she moved in, drama started happening because of her. She will instigate fights with the landlord, causing him to lose his temper. She then lies and claims that she is the victim. To my knowledge, she calls the cops on him all the time for "abuse" and then the landlord gets in trouble for her false allegations, because before I moved in, nobody was around to witness them fighting. She is also an alcoholic (didn't know about that either).
At first, I was on her side when they would fight because I only ever heard him yell. Well, come to find out, she never yells to provoke a fight, she just taunts him relentlessly about stupid crap to make him look like a bully. I don't condone domestic violence, but this women borderline deserves to have her butt kicked. She is nuts!
So fast forward to tonight. They were fighting as usual, and tonight I was the one calling the cops about her disruptive behavior. I just wanted her to leave. Since I live in the landlord's house with him and her, technically, I can't really make her leave. It has to be the landlord's decision wither or not she is allowed to come back. Tonight before I called the cops, he was telling her to get the bleep out of his house because she would not stop trying to start a fight. He said it like a million times and said they were through, meaning he was breaking up with her. She would not leave so I asked her to stop causing drama or I was going to call the police. She just stood there smiling.
I then asked landlord if he really wanted her to get out. He said "yes, but she won't leave! I just want her to go away!" That's when I called the police because they were fighting and causing major chaos in their bedroom and I thought things were taking a dangerous turn so I got scared and called. When the police showed up, I told them what was going on. The landlord gave his side of the story. His "girlfriend" gave her side as well. I am so ticked off because when the landlord was giving his side, he went from wanting her the bleep out of the house (said this in front of me) to saying it was O.K. for her to be there if she could be civil. What? I felt like she was a total danger to the household, but since the landlord changed what he originally said to me, she was ultimately allowed back whenever she wanted if she could act like an adult. Uh, okay, how ridiculous, because she obviously cannot keep her mouth or her actions or her attitude in check.
Can I obtain a restraining order at all because of this? I mean yeah, it is his house and he makes the rules, but what if he knows she is still going to act like this as soon as he says she is allowed over here? Why won't he make her stay away? She causes trouble and quite frankly I am afraid of what she might do to him, or me or my kids. I feel like she is dangerous and is a threat to everyone in the house, yet the cops can't make her leave? What? How does that even make sense? Two minutes ago he wants her out and now he wants her to stay?
Do I have probable cause and grounds to have a restraining order enforced against her even though she is his girlfriend and even though he wants her here? He wants her here, and I do not, so what can I do? Those two have serious mental problems, for sure. I want her to stay away from me and my kids because her behavior is so unsafe -- especially when she has been drinking, which is all the time.
I cannot afford to move out as I have already paid a lot of money to rent part of his house not even a month ago. I don't feel like I should have to be the one to move. She should! I'm not doing anything. It's all her, but my landlord still won't make her leave. I think both of them get off on drama. Aroused at the very least. Sick people!
I am a paying tenant so I don't think I should have to live like this. She is so mentally unstable that I really do feel like she is an immediate danger to the household. Can I get a TRO against her successfully or does the landlord have all the power? I hate drama! Why aren't the police taking this seriously? I am at a total standstill.
My husband had an affair and he recently was in contact again with the other woman. Just two days ago, I told her I know everything and that I was done pretending and now I am talking to all our mutual friends and tried to walk away. She then put her car in reverse and hit me and this was witnessed. She put it in reverse again and almost hit me again but I jumped out of the way. She then almost hit someone else who then came up to me saying they saw the whole thing.
So, I filed a police incident report and my family thinks I should file a restraining order against her. Is this enough to request one? I was very shaken up.
My brother and his girlfriend have been living with me for two months and they are causing me too many problems and now I want him out.
I told him several times that he needs to find his own place and he just doesn't get it. I want my apartment back to myself and my family. They fight all the time and I'm always scared the cops are going to come.
Also, he is a slob and I have told him repeatedly to clean up after himself and he did for awhile but isn't anymore.
I don't want to have to go through the process of eviction or a restraining order because he has threatened to pay me back detrimentally if I do. Plus I'd rather avoid the drama. I love him and I don't want to do this the mean way and cause a rift in our relationship.
I just need him to leave so that I can have a peace of mind. Any suggestions would be deeply appreciated.
My dad and mum are not on good terms. He slaps her when she asks questions regarding the money he gives to his sisters. My dad is thinking that if our family (as in his sisters and his family, that does not include us) goes bankrupt and they have to sell the house, he will buy it for them. We will never get to live in that house as his family will be already living there. If he does that, then that means there might not be enough money for my college education, my mum's, brother's and my expenses.
Can I put a restraining order on him that prevents him from giving money to his family is his sisters? Isn't he entitled to cover my college fees if he has the money, but wants to spend on other things that will not do anything positive for his children? Please advise.
@anon244070: You never should have threatened to be mean to her kids, period. Even if you were desperate to get rid of her, that just wasn't smart. Even if you have no intention of being mean to her children, you still made the threat.
I understand she was making trouble, saying ugly things, sending ugly e-mails, etc., but *nothing* and I mean *nothing* she said or did justified you threatening her children, even if you never meant for a moment to carry out the threat. You don't threaten to be mean to children, period.
Once you made the threat to her children, she had every right to file some kind of complaint against you. It's not fair that you were unable to keep her from contacting you, or harassing you, but that's when you should have filed for the restraining or no-contact order.
However, once you said you'd be mean to her kids, you lost any sympathy you might have had with the judge. Her children are not responsible for their mother's behavior, and besides -- they're children. Not adults. I'm sorry, but I don't have much sympathy for anyone who would threaten to be mean to children because their mother is a head case. What she did to you wasn't right. You threatening to be mean to her kids wasn't right, either.
I've been married now for over a year to my husband. Last year his ex wife started been sending bad mails, degrading me and calling me different names through facebook, until I finally blocked her through that site. And just recently, she made another profile with a different name on it and started sending me nasty email, the way she did before. Not only me, but she also sends nasty mails to my sister and my family who she doesn't even know.
I dealt with it until I couldn't take what she said to me, so I replied, saying I will be mean to your kids if you don't stop this. And now she's filing for me to go to court.
Just asking: is this fair that I will be in court, when in fact, she is the one saying bad stuff about me and my family? Please give me some advice.
@anon242716: First, your future employers will only know about the TRO if you tell them, or if your ex decides to break it while you're at work. Same goes with your parents. You're a legal adult and you can probably get the order, but there's no guarantee this jerk won't show up at their house, too.
Having said that, you definitely need to get the order so if he does violate it, you can have him arrested.
And you're not going to like hearing this, but you need to tell your parents. They probably know something is going on with you now, and just aren't quite aware of what it is. But here's the truth: telling them now, while you're alive and able to do so is a heck of a lot better than them finding out only after your ex has beaten you to death. Of course, then they can have him arrested for murder, but it will be too late for them to help their daughter.
Am I trying to scare you? You bet your life I am. I've seen what abuse can do to a person firsthand. And shame and secrecy are two big parts of that equation. When you tell the secret, you rob him of being able to keep you shamed and isolated, which is the number one way, besides the physical, that an abuser keeps his/her victim in line. There is nothing shameful in this. No one deserves abuse.
Tell your parents, or at least, if you're in the U.S., call the National Domestic Violence Hotline. It's toll-free at 800−799−SAFE(7233). These people can give you the resources you need to get this creep out of your life. There are also other hotlines in other parts of the world, if that's where you are. Please, for your own safety, either tell your parents or call the hotline. It's confidential. Good luck.
I had a boyfriend for three years. I loved him, but after a while, it got a bit violent. Then I used to push him as a joke to stop chatting to girls, and he used to slap me. There were times he used to slap me so hard, I was powerless to fight back. I didn't want to fight back because I didn't want to end up bruised or bleeding. I have bled and bruised before making up lies to my friends.
My parents don't know about this relationship. I'll be 20 years old in a week and hide this relationship from my parents.
Recently, he's cheated on me, and still hit me and threatened me not to leave and already turned up in front of my house and I secretly had to obey him before my parents find out there's a boy in front of my house. I'm so scared of him. I want to put a restraining order on him, even though he lives 10 minutes away from me.
Can I do this without my parents knowing about any of this?
Will future employers know that I've been to court due to putting a restraining order on my ex? Thanks for reading and replying if you can.
I am 18, my boyfriend is 16. We dated for six months last year, broke up at the beginning of summer, and right before school started again, he sent me pics of himself with a gun pointed to his head, begging me to talk to him. After I replied, the conversation turned nasty, he began calling me names. The next day, I showed the pics and texts to his dad, and he wound up in a mental help facility.
A month passed, we started talking again, wanting to make sure neither one had bad feelings towards the other, we wound up getting back together and now his dad wants to put a restraining order on me.
He is influencing his son so much that he wound up breaking up with me, but only in official terms. We still see each other and do all the things that we did before
Should I get a TRO put on my brother who wants me to have sex with him? I talked to my dad and he's running from the problem. I saved a couple of the texts saying how we could have sex and no one needs to know and every time I said no, we're related, he would still text "come on, please." What can I do? My father doesn't want to seek professional help.
can someone take out a restraining order and add other people to it besides themselves, even if those people don't want to be added or want that person restrained from seeing them?
@anon208719: He would have to prove to a judge's or magistrate's satisfaction that you are some kind of actual threat to him. One letter to his girlfriend detailing what a lying, cheating, sorry excuse for a polecat he is -- well, that's the scorned woman's prerogative. The girlfriend has the option to believe the letter, or not. If you haven't threatened to hurt him or his girlfriend, then there are few, if any, grounds for a TRO.
However, if you said, or implied, that you had some kind of evil plan in mind for him or his girlfriend, you're on much shakier ground.
If she dumps him, ask her to lunch so you can both dish on what a lousy creep you did well to get rid of!
I would like to know if my ex (we were to get married) can get a restraining order on me. He has not done this, but I will not be surprised if his new partner does. We were together for four and a half years, then he met her and moved in with her.
I feel he is either a mixed up man or has been giving me emotional abuse. He knows I love him, and so he started to see me again seven months ago, telling me he was sorry, he is not with her for the long run and we might get back together, etc. etc. I'd had enough, and started wanting to know what's happening, but then he backed off, letting me down all the time, but making new time to see me.
Today I had enough, and I wrote a letter to her, telling her everything, as he is not only having me on, but cheating on her, as well. Before we broke up, he blamed me for just about everything. But said he was so sorry for what he had said and done. Was it wrong of me to let her know and could I be served with a restraining order when it's been him who has been hurting people?
Can my ex wife get an order of protection against me because we had an argument? I never threatened her in any way, just called her some nasty names, and that's it. It was in text messages, and I kept them.
At no point did she stop texting me. In fact, she said, "we can do this all night," so how exactly does she think she can get an order of protection against me when she says something like that?
I was arrested for domestic violence, which is a felony. It was a horrible night and though not excused in any way, I don't think my punishment fits.
I've never treated my wife poorly in any way, much less ever in 13 years raised or even wished to raise a hand to her. Nor do I again.
I am very regretful for ever hurting her. She filed Affidavits of non prosecution but the state of Texas picked up the charge.
After the mandatory 61 day protective order expired, I was living at home with her and my four children while this played out in court. She was at every hearing with me. At the end the judge ordered no contact for the terms of my probation of six years. I am a stay at home father by both of our choices. I quit a management position for her to take an advance, and we have four children together.
Is there anything we can do to get this reversed or anything? We are not able to comply for long. It tears us both apart, to say nothing of what it is doing to our children. This is heart breaking to every degree of the term.
Is it possible to gain a TRO on a landlord in Trumbull county ohio? Last month I paid my landlord in cash 970.00. I did get a receipt. The issue: three days later the landlord claimed my rent was exactly 100.00 short, and he then proceeded to deliver me a note that said he voided my receipt. Then he served me with the first notice to quit. I realize his actions are illegal. For the past two nights at 11:30 p.m., and 10:30 p.m., he has decided to begin complaining about my two vehicles. Last night i had company and the company parked on the side of the building (people have parked here for the near year i have been here). He then posted in the hall a note that no parking on side of building. He knocked on my door and said he would tow my company's vehicle.
As my friend returned inside to get his shoes the landlord began to holler in the hall move it now. he began cussing at my company, then proceeded to go get his personal tow truck to tow the vehicle (the truck was moved). can i get a TRO?
Me and My mom, has a TRO on my baby's dad! i wanted to know, how could i drop it, or if maybe my mom could drop hers?
My name is kenny. my girlfriend of three years had a temporary restraining order on me. i have complied with all the rules by not calling her or through a third party etc. what can i do to prove this and get help for myself? Because she keeps texting me and calling me.
Somebody threatened to put a bullet through my husband's head. Can I file a restraining order for me and my kids too, even though he didn't direct the threat at me?
@anon144799: With any luck, he will be removed from your school and placed where he can get the help he obviously needs. However, you also need to tell your parents. You don't need to try to get through this without some backup. Save the texts he sent you. You may need them later on, and anything else he sends you.
Be careful and get your parents and the police in on this.
I am 17 years old. A fellow student at my school threatened to kill me for calling his girlfriend. He did this through text messaging and phone call. I was very calm throughout the entire ordeal. This person is mentally unstable and exhibits strange behavior. We used to be friends in middle school and it came as a shock when he threatened my life.
I want to file for a restraining order, but I have a class with the kid. Will he have to change his classes in school as well?
so me and my boyfriend broke up after a year and a half. I'm 16 and he's 15. can his mom put a restraining order against me? But i never even hit him or anything like that.
There is a woman living above me in an apartment and she refuses to stop the horrible things she is doing. She will stomp around, crashing things into the floor, etc. She will do this all night above us and we can't sleep. The landlord won't do anything about it. My husband doesn't want to move because we just moved in not long ago. Can I get a restraining order against here? We live in Arkansas.
I work in a retail store and a customer has always been verbally abusive towards me and others and there is security footage of this individual showing his fist towards me and he gets closer to me with his fist.
And the other day he came in and took a picture with his digital camera of me without my consent and denied deleting the photo of me when my manager has witnessed him doing taking the picture of me to further harass me at work.
Can I file a restraining order personally on a customer to not come in the business where I work at? That way I would feel safe at work and not quit my job?
I have been with my fiance for a year and eight months. his ex wife put a restraining order on him, but she is always calling him and texting my phone harassing me, telling me vulgar things that she and he have done since we have been together.
I don't know whether to believe her or not. He always tells me he has nothing to do with her, but I have seen pics and texts that they have taken together and that she has received from him using his stepdad's phone, but if she has one on him can she still do these things and not be punished for her actions or should I file one on her for harassing me?
They aren't supposed to be within 100 yards of each other; no calling texting or seeing.
Can i use any of this in my case against her, or is it out of the question? -aces91
my wife has gotten a temporary order of protection against me and there is a hearing scheduled. Do i have to appear for that hearing? also what is the hearing for? and can i be placed in jail or have criminal charges placed on me?
what if we are married? and also what if the protective order was never served upon me? no one ever served the order on me? can i still be arrested if she and I had talked? by phone or e-mails etc.?
Is there any way that I can stop my mom from putting a restraining order on my boyfriend if I'm a minor?
I'm 18 years old and my ex girlfriend is 16. We had dated for a month or so, but we only saw each other in person four times because we live pretty far away.
We talked about how we were going to have sex through texting. Her parents took her phone and read all the explicit messages. Now the parents are trying to stop us from seeing each other, and one time her dad came to our house and attacked me.
Me and my ex girlfriend are on lockdown after what happened, and we had secretly communicated with each other. I broke up with her after a while and realized that we had to break up since it's against the law to date someone who's underage.
All of a sudden, she filed a restraining order against me, telling that i texted her, wanted to have sex with her and she didn't want my sexual advances. When we were both talking and exchanging messages. I have no bad intentions towards her, and am certainly not a bad person.
What should i do? Any advice or comments? please help asap. The court hearing is next week.
My girlfriend and I have been together forseven7 months and her mom thinks I'm an abuser, which is not true. My girlfriend has even explained what has happened and how i have never laid a hand on her and her mom threatens me with putting restraining order on me and putting me in jail.
We're both over 18 but my girlfriend's mom has power of attorney and keeps threatening her with putting her in jail I wanted to know if this is possible. Her mom is abusing her power over her and we don't know what to do.
Me and my boyfriend's parents found out that we had sex. They want us to have no contact with each other at all. No phone calls, no texts, no talking more than 10 words even in their very own presence, nothing.
They changed his number and well, we had been dating for two and a half years so of course, i had the urge to find out what exactly had gone on on his end.
Anyway, we came up with a plan that i would wait for him at the train station so we could see one another and exchange letters.
well one day he walked me home and his parents drove (we live three blocks away from each other and have attended the same church since we were in fourth grade) by. And well, we were caught red handed.
later on, i get a call from him saying we have to stop and that this can't go on. well the next two days i ran into him at the train station, once in the afternoon and once the day after in the morning. he completely bypassed me then yesterday after our parents agreed to let me give him a birthday card on Sunday, he approached me in the morning about a note that said something about me knowing he hates me now and explained to me that he still loves me and that the day my love for him dies is the day his does as well. also that his parents said that if they ever caught us or found out that we had seen or been seeing each other again that they would place a restraining order against me keeping me from him. can they do this?
My ex boyfriend put found out that I was cheating on him, so he decided to tell the cops that i hit him and put a restraining order on me.
He then asked to take it off after we had spoken, then decides to put the restraining order against me again because his lawyer told him that he would get his citizenship faster if he did so.
I have not done anything to him, but he keeps putting these restraining orders on me, and to top it off he's constantly calling me. I want to put a restraining order on him as well. Am i allowed to?
I have a niece who is having problems with relatives through marriage. Her husband's first cousins have come in her home uninvited several times to argue with her and on one occasion two of them actually came into her home and hit her.
My niece, being seven months pregnant, could not defend herself due to the fact that she was afraid to harm her unborn child. The second occasion again the two cousins drove up next to her and started another physical altercation when her one of the girls kicks her in the stomach and pregnant still, she cannot defend herself.
Finally, the third time, the two drive up next to her again and now she is not pregnant and has the chance to defend herself and gives the husband's cousin two black eyes and more.
Now they have the nerve to ask for a restraining order and get it against the husband. my niece has tried since the first time to get a protective order and because they are not blood related she is denied for the third time.
Is there anything she can do as far as getting a protective order on this three women? If there is please post. Law enforcement has failed to help how can this be? We are in New Mexico. If anyone knows how to get a protective order against a non relative please post. Thanks.
As a recent "victim" of a very small domestic spat that has become something more like a three ring circus, with no merit, no real proof and the "victim" who would be me telling the courts, drop the matter, no more TRO, no more period, I'll plead to perjury, just leave the poor man alone etc., etc., I have a few words of advice.
1. Never call the cops unless absolutely necessary. As married people we naturally fight, and sometimes these fights turn into hot drama. If you feel your life is in danger or he has repeatedly abused you, then call the police, if this is a one time thing in a ten year relationship, leave the house, mull it over and weigh your pros and cons. It's too much of a hassle, especially when children and long marriages are on the line.
2. Never request a TRO or any type of order unless you are one hundred percent sure you are done with this person and you feel in real, immediate, firm, realistic danger from your ex. You decide it's best you split, but you have children together, you meet at a mutual busy place, cops roll by, it's a small town, guess what? He is going to jail for approx 15-30 days. Hmm. Is this the sort of rift and or example you want to make for your children who are the product of a once loving, caring and passionate relationship?
I'm telling you I could go on and on and on about this. My life has been a living hell the last seven months because of one really bad night and my complete, utter shock that he had decided to punch me. I called the cops, he has lost a fifteen year career, I have had CPS called on me, no court or judge will drop the TRO, I have two small children I have zero help with from their father or their father's immediate family, he has spent thirty days in jail ... the list goes on and on.
I am not or will never excuse what he did, or that sort of behavior from a man who is in his mid thirties. There isn't any fight that is worth violence. However, he is a good man who lost his temper one time and I have paid the piper as he has more ways than one.
I can only imagine what venom will come out of this once all is said and done. The hate that will be spewed by him and his future relationships around my children.
I can only hope that in the long run he will see it was him who did the initial wrong doing and the American justice system that did the real, unfixable damage.
Justice in this country is unfair and unjust. It all depends on who and what judge sits before us.
I am a woman, speaking to all women and men out there. Please look through the events and decide if it's worth the hassle.
Don't waste taxpayers' money or ruin someone's life because of a heat of the moment, haha I got you, or pure hatred or revenge.
Turn your phone off, don't answer, don't reply, smile and wave. Coming from experience, once the court system has entered into your life they are like a parasitical fungi that no matter what you do grow into masses of dog poo.
My fiance's ex is accusing me of harassment, saying that I have continued to contact her after being asked to stop. She is filing a restraining order against me. I have not contacted her, nor do I want to. She is pregnant with my fiance's child and is also planning on filing an order so that I cannot have contact with the child.
I am frustrated and tired of her immature crap. She originally started picking at my fiance trying to get us to break up, now she is focusing on my career. What can I do to fight this? Can I counter sue her for slander?
I e-mailed a friend's mom, looking for a guy friend's parents' information, because the guy owes me money. I got a very nasty response, saying any further response on my part would be considered harassment.
Before I read that part, I sent one nice yielding response, and then another mean one after I realized she'd gotten aforementioned friend involved.
It was not threatening in any way, just telling her to get out of my personal affairs and questioning the validity of the "harassment" claim, and the worst thing I said is that I have no respect for such a volatile attitude.
Does she have legal grounds for a restraining order against me in the state of Texas? Thanks!
Can I be at a deposition when my ex has a restraining order against me and she is to be deposed?
Can I get a TRO against my husband's ex-wife? She is a compulsive shopper, consistently in debt, and phones for my husband to bail her out. He has had to borrow money to give her -says he feels sorry for her. We don't have any extra to give her and are doing without a lot already for ourselves. We make ends meet for necessities, but that's all.
They were divorced almost six years ago and she had squandered all of her divorce settlement by almost two years ago. She has also been doing her utmost to undermine our marriage by phoning my husband to tell him she loves him as well as constantly asking for help with her 'problems'.
We cannot afford her demands because we are paying expenses and education debts for their adult children in addition to a large mortgage (resulting from cash he borrowed to pay part of their divorce settlement).
I have tried to cope with this for four years, but the continuing situation is causing me too much emotional and mental distress and my marriage is in jeopardy.
I am certain this situation will continue unless she is forced to stop. Since we also get daily collection calls from *her* creditors it's obvious she has used our phone number.
They were married for almost 20 years before she divorced him and I know it's difficult for him to say no to her and I think too, because he's afraid it would cause a rift with his adult children.
He cannot seem to set boundaries that he will enforce and she knows it. But I'm at my wit's end and frightened of losing my marriage or going further into debt for no good purpose.
Is this sufficient for me to consult an attorney to obtain a TRO or other?
my ex is trying to get a restraining order on me. he owes me money. i have been trying to take him to small claims court but he keeps hiding because he knows i have a good case and will win.
if he gets a restraining order against me, will i lose all my chances of getting my money back? can he get a restraining order on me if he owes me money?
i do admit to harassing phone calls but i never threatened him. i only asked him to pay me back. what can i do??
i live with my father and have been for five months now! There has been very little contact with my mother and the other day she decided she wanted to talk to me while i was at school with the counselor!
i agreed and an hour into the meeting after she had screamed at me nonstop, she told me that i need to tell my dad to get me condoms and get on birth control because of a girl i hang out with. Neither one of us have had sex nor plan to soon! She then called me a slut, and is refusing to let my dad have legal custody.
i want to transfer schools and she won't sign the papers either. i want to know if i can file a restraining order to keep her away?
a few men are making threats because me and my wife reported drug sells in our area and the few men know my wife's father and saw our car at his house. we weren't there but when he came home the one guy was sitting in his car across from the house and told her father he wanted to know if I, the husband. was inside
He said no then he proceeded to tell my father in law we owed them money and he was going to beat me and the other men were going to gang bang my wife to get what we owe. If we didn't pay then they would get it one way or another and we don't even owe them.
They're mad over the report of the drug selling and i need to know what to do. thank you .
okay so i have been on the bus to school almost every day and there are these two kids and they are both brothers. they want to get in a fight with me. they have been picking on me since school started. one of the boys is a 10th grader and one is in 8th.
So can i put a restraining order on the older kid?
My husband and i lived with his mother for a few months and we had a huge fall out. It got so bad that she physically assaulted me.
After she left our home it was fine for about one month and then she started to call us and text us that she was going to see her grandkids (my children) one way or another!
Now i took that as being a threat that she will take them! Should i get a restraining order on her so she can't even try to come near my kid?
I have a boy who is always verbally abusive to me and just today he threw a ball of ice in my face. is this possible for a restarting order if i feel i'll get hurt again?
I have a girl friend and we do it a lot. Her dad caught us one day and now he wants to put a temporary restraining order on me. Is this legally possible? Can he do this without violating my civil rights?
I have heard you can counter sue for things, but I haven't taken out a security interest in the daughter yet. Does Article 9 apply? First Amendment?
My girlfriend's dad wants to file a restraining order just for dating his daughter, he has said that if we break up he won't file one so basically it's a threat.
We haven't had sex, we don't fight. I'm 16 and she is 15 her mom likes me and doesn't want it nor do me and my girlfriend. My girlfriend's parents are together and they all live in the same house. Is he able to do that, and or is there anything i can do to him due to the threat of an order; without it coming between me and my girlfriend? If you got any answers please tell me.
i acted out on my girlfriends parents in a harsh manner but all i said was "you don't F* scare me", and the husband called me an obscene name over the phone. Can they still put a restraining order on me because all i did was try to protect my girlfriend.
My husband is verbally abusive with me. He throws things at me and breaks things around the house to the point where my 15 year old daughter is scared. When he is mad and I lie down in bed next to him. he kicks me and bruises my legs.
I want a divorce but I'm scared that he will get violent, and not sure if they will give me a restraining order.
I'm in a similar situation as to those above. My girlfriend's parents (who haven't even met/talked to me) want to file a restraining order just for talking to their daughter on the phone. That's it. We haven't had sex, we don't fight; actually, they're also abusive toward her (she's never successfully reported it). So I need some help, does anyone have any ideas?
I'm 16 and my girlfriend is 15 and we have been dating for five months. Recently we thought that there was a possibility of my girlfriend being pregnant and her parents freaked out and want to put a restraining order on me for it.
They say that we are mentally unstable and are accusing us of trying to get pregnant. What are my rights to avoid this restraining order that neither me nor my girlfriend want, just her parents. what can i do?
I'm 16 and my boyfriend is 19. his mom doesn't like the fact that i'm young and dating her son. just a few days ago my mom gets a call from his mom saying she is putting a restraining order on me just because i'm 16 and she thinks all we do is have sex. I'm young and not ready to have sex. My question is can she put a restraining order on me just for that reason? He doesn't want a restraining order put on me. we want to be together despite our age differences.
i am 15 and my sister is 11 and she is extremly violent she abuses me, threatens me and tells me she hates me. she has physically and mentaly absed me since i was 10 and she was 6. this isn't a joke. i really want a way to keep her away from me before i try to get her back. i honestly want to kill her sometimes. she is the reason i joined my church to help me. so is there anything i can do?
my girl friend got sent a restraining order from her husband and in there it said i was not allowed to be around their son. it also said she had to move out but he is not on the lease. the lease was changed before she was served.
me and my friend have been friends for 4-5 years. well this last year things went bad. we live in the same place and she called my kids names, tells other kids to call me names and every time i go to the pool, she is telling other people there that i'm a crack whore. i would love to know what i can do about this. now she wants to post signs up about me. anyone have any ideas?
I live in Virginia and would like to know if I can get a restraining order against my boyfriend's ex wife who lives in Wisconsin. She and her friends are constantly harassing me.
I would like to know if I live in Texas and want to file a TRO against a person in California, is it possible? She had been texting and calling us nonstop. Now, she moved to emailing my husband. Please help!
I live with my friend and her two kids. The father is a deadbeat dad and hit her the other night in the parking lot when picking up the kids. She hit him back. Her current boyfriend and I heard the scuffle from my room but didn't see the incident. She didn't call the cops to file a complaint against him. I sent him a text message basically stating if he ever put his hands on her again, that I would break his neck. Which is an empty threat since he has about a foot on me and 200lbs. He was very calculated in his response and didn't admit that he did anything. He said he would have the police come out to find whoever did this. Since she didn't want the police involved I ended up backpeddling saying that nothing happened. He has now contacted a lawyer and will be filing a restraining order against me.
I am an inspector and cover a lot of houses in his neighborhood. I also live with his children. What can I do to fight this and what are my rights for the state of MD?
my live in boyfriend and I were arguing one night and he misinterpreted what i had said to him. I jumped on top of me and pinned me down so that i couldn't move, on our bed. The police were not called, and he volunteered to move out and continue to pay the rent and watch our children so that I could work. This was less than a week ago. He is continuously threatening me that He is going to do things to make me lose my job. Do I still have grounds to get a restraining order even tho the cops were not called and I never filed one the next day?
A 10yr order--what act would give that by a judge.
I had a similar situation I had an affair with a married women I met while working. Her husband found out and went cookoo so she broke it off. I sent a letter to him explaining what happened and then to her apologizing. She filed for a restraining order probably forced into it by her pathetic husband. She came up with a slew of lies saying I posted ads on the net looking for her, I have always known where she lives we had an affair for pete sakes. Now I am left with the question, should I waste my time with her desperate acts or fight it. I was told by the sheriffs department in her own town that an ex parte is smoke and mirrors and if I am not wanting to contact her anymore I shouldn't waste my time. I am filing one against her as well due to her sending my fiancee a letter. I personally find it a little immature, she took the risk off having the affair now face getting caught. If you couldn't handle people knowing then you should have never done it.
I need to know the requirements to keep someone away from my 6 month old daughter. this lady already has charges against her for physical violence and drunkenness. and i personally believe she is mentally unstable.... what do i need to do to get a TRO against her?
Can lawyers and judges be trusted to do the right thing when I'm innocent of the charges in the restraining order? I hear judges make too many mistakes on these cases and push people to lose their minds? I believe in my innocence, I don't believe in lawyers and the system.
I was wonder I believe i was mislead about the restraining order I took out my my children's father. we had a physical argument which i started and the police told me I must go down to the court and file. this is not what i wanted. i just wanted us to take a break for a few days or weeks. how can i cancel the order?
OK so I have an ex that just threatened to kill me via text message....can i go to the police with that? I saved the message, here is what it said "if that girl your dating does anything to my couch i will kill you." I really don't think that she will do anything, but she has been bothering me ever since we split up. Was thinking this was the way to go to protect myself/her. Keep me from doing anything stupid, and keep her away from me. Thoughts?
2 TRO questions:
1) Can I get a restraining order against someone in another state who is harassing me and my family?
2) If my wife requested in writing that a certain person not contact any of us, and if he did, should my wife file for a TRO because she was the one who asked him not to contact us to harass us? Is it better for me to send him a letter as well asking not to contact us?
what do i need to prove to the court that the restraining orders against me are all being done maliciously?
I think you're right in assuming that seeking out someone whom you have a restraining order against will weaken your case. If this person is such a threat to you that you need a restraining order, then I don't think you should go see them. On the other hand, if you have things you want to communicate to them, maybe you shouldn't have a restraining order.
Restraining orders are not actually all that easy to get, so if all you've done is call twice and email once they would have to be very violent or threatening interactions to justify a restraining order. Don't worry, she can't get one just because she wants one--she has to prove that you are a danger to her. If that's not the case, then she's just wasting her time.
Good luck to you both
Not sure if you can answer this question so here goes. I find out that my husband and another woman over my house last year. She is pregnant and due, of coarse nine months later. I contacted her husband and spoke with him regarding my concerns and we had both suspected something was 'off' with their friendship. Now this woman in threating me with a restraining order if I contact her or her husband. I am very upset that she would try to 'shut me up' with this threat. I have only contact her husband twice via phone and one via email. She called me and instead of having a dialogue it became a monologue. Then she tells my husband that I was the one being rude and disrespectful. Well that's besides the point. What I would like to know is on that ground in the state of Virginia, does he have to pursue a restraining order? I have never threatened her with any form of harm, I am not going out of my way to call them, or anything like that. I believe she is upset that I would question paternity of her child and therefore she feels she need to 'shut me up'. This does seem like 'high school' issues however, I would like to ensure I have protected myself against any attempt to fraudulently obtain a restraining order against me.
If i have a Tro on someone and a court date is in a few days. And i would like to go visit that person to say my last words my piece of mind, would that make my restraining order get dropped in court?
TROs are different in various states. I would like to know what the requirements are for the state of Maryland.
Post your comments