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My sister in law has been harrased by her ex-friend for the past 8 months. She received threating e-mails, continuos phone calls, she is followed etc. Her harraser is acting as an insane person who is capable of doing anything. My sister-in-law is not the first person to be harrased by that person. Recently, as a part of her harrasing game, she issued a temporary order for protection against my sister-in-law in which she plays a victim. How can my sister-i-law fight this ongoing abuse? My relative fears her abuser is in the "right state of mind". Please help.
Optional Information: Country relating to Question: United States
Hi, Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help Usually a Temporary Protection Order is granted pending a hearing on a Permanent Order. The only thing she can do is get as much evidence and witnesses as she can to prove that she did not do what her harasser claims and also bring with her any police reports she filed when this person was harassing her. If she did not call the police and did not file police reports, it will be harder to prove but it can still be done. That is her only recourse.
Please be kind enough to leave some Positive Feedback, Thank you, ANDREA
Does she need to apeal/reply to this order or just wait for hearing? Does she need a lawyer? We are in Nevada
She cannot appeal a temporary Order. If it is a permanent Order, meaning the Order states a specific time period, 3,6,9, etc. months, then it is considered a permanent Order and she can appeal. Whether or not she needs an attorney is up to her. She should call the Clerk of the Court, tell him her situation, and ask if they have a Form she can fill out to appeal. If there is such a form, she can go it alone. If there is no form and she would havve to draft it from scratch, she should get an attorney. I have seen people like the person who is harassing her do crazy things like put her in a position to make it appear that she is violating the Protection Order, this could land your sister in law in jail. So she may want to seriously consider getting an attorney,
Experience: 25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
Thank you, Andrea!
Last question; since my sister-in-law never filed any reports on her harasser -to avoid any problems she simply ignored her harasser hoping she will eventually leave her along (which obviously made her harraser more mad), should my sister-in-law file the same TOP knowing now that her harraser is really going too far and is capable of doing such horrible things as lieing on TOP application?
Secondly, how can her harraser get her TPO approved by a judge if she lies on the application? Shouldn't a judge check things first and not making his decision simply by reviewing this applicaition?
1. It is not too late for your sister in law to file for an Order of Protection. However, she should be prepared to answer if they look at her request as retaliation. You could testify that she would come to you distraught each time her haraser did something; 2. The harasser obviously lied, otherwise they would not have been able to get anything from the Court.