You can ask the family court for a temporary restraining order whether you have a criminal protective order or not. Two minutes ago he wants her out and now he wants her to stay? After the hearing, the TRO is then no longer in effect, and the court official must decide whether to issue the preliminary injunction, which would remain in effect until the end of the full trial. You can ask for this court order if you are worried about your safety because someone stalked, harassed, threatened you with violence, financially abused you, or sexually assaulted you. If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may … I have a girl friend and we do it a lot. how can i cancel the order? These orders are intended to be stop-gap measures, and only last until the court holds a hearing on whether or not to grant a preliminary injunction. Temporary restraining order. i just wanted us to take a break for a few days or weeks. It was in text messages, and I kept them. 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. he began cussing at my company, then proceeded to go get his personal tow truck to tow the vehicle (the truck was moved). But i never even hit him or anything like that. A temporary restraining order is ordered by a judge in family court, and it applies only to certain people (explained below). I feel like she is dangerous and is a threat to everyone in the house, yet the cops can't make her leave? Once you made the threat to her children, she had every right to file some kind of complaint against you. Any suggestions would be deeply appreciated. I never physically abused her or attacked her. It's possible to just change your phone number, block certain things, etc. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction. We haven't had sex, we don't fight; actually, they're also abusive toward her (she's never successfully reported it). Soon after she moved in, drama started happening because of her. 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. There are many types of temporary restraining orders and reasons why they might be issued. 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. Even if you were desperate to get rid of her, that just wasn't smart. can i get a TRO? We have a 4 month old son together. To obtain a Domestic Violence Restraining Order (DVRO) the victim or complainant must demonstrate to the court by a preponderance of the evidence that the victim has suffered some type of abuse which could include bodily injury (causing or attempted), sexual assault, o… my live in boyfriend and I were arguing one night and he misinterpreted what i had said to him. What are my rights to avoid this restraining order that neither me nor my girlfriend want, just her parents. me and my friend have been friends for 4-5 years. We used to be friends in middle school and it came as a shock when he threatened my life. Is there a statute of limitations as to how may TROs can be issued until such time as respondent is served? Wikibuy Review: A Free Tool That Saves You Time and Money, 15 Creative Ways to Save Money That Actually Work. 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 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. I rent the bottom half of his house. I really don't think that she will do anything, but she has been bothering me ever since we split up. I firmly believe most people are just trying to make a big scene out of things. Keep another copy in a safe place. The cops are not doing anything or being helpful, so I will try the online advice method. and can i be placed in jail or have criminal charges placed on me? 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. i would love to know what i can do about this. 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. Then she tells my husband that I was the one being rude and disrespectful. Me and my boyfriend's parents found out that we had sex. Thanks for reading and replying if you can. But if you are in serious danger, well, they're not going to be enough to protect you. As you said, she's just 19, and she has plenty of time to get a fresh start away from these problems. My name is kenny. Temporary Restraining Orders: You can request a temporary restraining order in conjunction with a long-term protective order. I sent him a text message basically stating if he ever put his hands on her again, that I would break his neck. 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. You may need to show it to the police. the lease was changed before she was served. can he get a restraining order on me if he owes me money? I feel he is either a mixed up man or has been giving me emotional abuse. I did get a receipt. The other minor. 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.)? @anon331084: No. They hid in the woods and grabbed him as he drove by unexpectedly. 1) Can I get a restraining order against someone in another state who is harassing me and my family? I'm 17, nearly 18, and my boyfriend is 23. was inside. This will ruin my daughters life and her amazing opportunities to get a job! 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. 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 advise. We were together for four and a half years, then he met her and moved in with her. They have been threatening him every time they see him. Temporary Restraining Orders (TRO) in New Jersey. 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? He then posted in the hall a note that no parking on side of building. She had been texting and calling us nonstop. If there is please post. Now the parents are trying to stop us from seeing each other, and one time her dad came to our house and attacked me. 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. Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. Many TROs work on taking guns away from someone. He said it like a million times and said they were through, meaning he was breaking up with her. anyone have any ideas? I am a paying tenant so I don't think I should have to live like this. 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. A TRO should only be … I hear judges make too many mistakes on these cases and push people to lose their minds? To request one, you must already have a case on file with the court, such as a divorce or custody case. I believe she is upset that I would question paternity of her child and therefore she feels she need to 'shut me up'. Turn your phone off, don't answer, don't reply, smile and wave. 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. She should! In the order, the counselor said that my daughter "cut her off" on the one road that goes to town. This little known plugin reveals the answer. later on, i get a call from him saying we have to stop and that this can't go on. she is the reason i joined my church to help me. I have a minor which is 17 who sent me a text asking what was going on with my sister and another minor. I think both of them get off on drama. You must be present at the hearing if you wish to continue the restraining order. 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 am 19 years old. 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. I've seen what abuse can do to a person firsthand. What I would like to know is on that ground in the state of Virginia, does he have to pursue a restraining order? Is there anything we can do to get this reversed or anything? My girlfriend's parents are together and they all live in the same house. We had dated for a month or so, but we only saw each other in person four times because we live pretty far away. Because a TRO may be issued without informing the other party and without holding a hearing, many courts will refuse to issue them, but will instead grant a preliminary injunction after a hearing. If we didn't pay then they would get it one way or another and we don't even owe them. I got a very nasty response, saying any further response on my part would be considered harassment. Can he do this without violating my civil rights? Can I get a TRO against my husband's ex-wife? 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. I told him several times that he needs to find his own place and he just doesn't get it. 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. so me and my boyfriend broke up after a year and a half. I am very upset that she would try to 'shut me up' with this threat. A restraining order, also called a protective order, is a legal order issued by a court requiring a person who is a threat to stay away from you or risk arrest. Other cases in which TROs might be issued could involve copyright or trademark infringement, among other legal matters. Well that's besides the point. She asked me how could she address this with the counselor without insulting her or her thinking she was paranoid? 4. I also did not know the girlfriend was even going to be living here. 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. 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. But said he was so sorry for what he had said and done. This is where it gets interesting. 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. I jumped on top of me and pinned me down so that i couldn't move, on our bed. Life is hard. Does Article 9 apply? Those two have serious mental problems, for sure. What's the worst they can do to me because I'm of age? 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. We are in New Mexico. I think you're right in assuming that seeking out someone whom you have a restraining order against will weaken your case. I tried getting a restraining order, but the lady at the courthouse front desk said there was not enough against them. In Maryland, protective orders are available generally for domestic violence situations, while peace orders cover anyone to whom you're not related. 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. A temporary restraining order (TRO) is a short-term emergency order. And just recently, she made another profile with a different name on it and started sending me nasty email, the way she did before. This person is mentally unstable and exhibits strange behavior. She didn't call the cops to file a complaint against him. You bet your life I am. She is a compulsive shopper, consistently in debt, and phones for my husband to bail her out. Now i took that as being a threat that she will take them! Please help! In the federal courts, a TRO is governed by Rule 65(b) of the Federal Rules of Civil Procedure. I love him and I don't want to do this the mean way and cause a rift in our relationship. 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? 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? I don't condone domestic violence, but this women borderline deserves to have her butt kicked. Justice in this country is unfair and unjust. She has done all she can to stay away and not overtly be where this counselor is, other than church. In most cases, a TRO will actually anger the person more than before. If you haven't threatened to hurt him or his girlfriend, then there are few, if any, grounds for a TRO. Determine what type of order you need. 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. Please, for your own safety, either tell your parents or call the hotline. This did not ever happen, but the free legal advisor I spoke to, and I had the "aha" moment. They're mad over the report of the drug selling and i need to know what to do. Please save all the messages you sent so you can prove you didn't say or imply anything that was threatening. Tell your parents, or at least, if you're in the U.S., call the National Domestic Violence Hotline. They aren't supposed to be within 100 yards of each other; no calling texting or seeing. Help. 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! She sits directly in front of them and that would be so obvious and uncomfortable for both!). 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. I hope someone will respond and help me figure something out ASAP! @anon144799: With any luck, he will be removed from your school and placed where he can get the help he obviously needs. And well, we were caught red handed. 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. My niece, being seven months pregnant, could not defend herself due to the fact that she was afraid to harm her unborn child. A judge can order a party to do or not do something for that brief period of time, including staying away from and/or having no contact with you. 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