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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a defendant in a lawsuit. One of the plaintiffs at around

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I am a defendant in a lawsuit. One of the plaintiffs at around noon today confronted me and tried to start a conflict. He is very tall and intimidating and the fact that he has spent the last 15 months in prison he unnerved me. It was very unsettling. I was at a neighbors house to a property owned by his father and he came rushing up on my friends and I asking in a not so friendly way "can I help you, can I help you?" all the while videotaping us, in particular me. I felt he was trying to get me to react, which I didn't, although I was curt and said I am on private property and the sidewalk is public property, he agreed and then I said I have not gone on your property and he agreed, I asked him to stop recording me, he said he wasn't. But clearly his camera phone was on and he was pointing it right at me. Afterwards I was shaking, knowing how close it could have been to a war of words. But I would like not to have this happen again in any way, it was really unnerving. What can I do to make sure something like this does to happen? Restraining order? Letter to plaintiffs lawyer?
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

A letter to the attorney isn't going to do any good as the lawyer can't control the client or stop the person from doing something like this.

However, you can seek a restraining order against this person and and ask the judge to enter an order requiring this person to stay away from you and to make no contact - via phone, text, email or personal contact - under any circumstance. Getting an order like this in place will stop this person from doing this again.
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Customer: replied 3 years ago.
What's the name of that motion? Motion to seek a restraining order? Is there a cplr that can be referenced? And will the judge think I'm over reacting?
Yes, it would just be a motion for a temporary restraining order. In the motion, you would outline the facts of what occurred and then ask the court for an order directing this other party to stay away from you indefinitely.

The judge shouldn't think you are overreacting as these issues are taken pretty serious and the judge should consider you being intimidated as a serious issue.

Here's a link to Rule 6313 regarding TRO's: https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=13-6313+New+York+Civil+Practice%3A+CPLR+6313.syn&srctype=smi&srcid=296B&key=01ac74709f79252a1d2d2196b9105963
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Customer: replied 3 years ago.
Thank you, XXXXX XXXXX think I should get one of the persons with me to write an account as well? The other friend is the neighbor and I don't want him in the mix, if u know what I mean.
Customer: replied 3 years ago.
Do I need a motion for a preliminary injunction, or is the TRO a PI? And can I serve it on his lawyer?
Your friend could appear and testify on your behalf, but an affidavit isn't really necessary because they aren't admissible in court.

A TRO is the same thing as an injunction. So you should be ok with filing a motion for a TRO.
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Customer: replied 3 years ago.
I filed the TRO petition today with notice. In your experience how long does it take to get a hearing on this? The unfortunate thing I feel, is that I wasn't expecting this to happen and had just sent a letter to the opposing counsel mentioning that if I don't get a response to a scheduling issue with my deposition, I'll file an emergency motion to reschedule. Is this bad form to put in a TRO and an emergency motion all within 5 days? If the hearing on the TRO happens soon can the judge listen also to the scheduling problem and the issue s that are not being resolved amongst the parties? For efficiency sake can he legally take care of any motions othe schedule since all the parties will be present foR the TRO which seems like it will happen soon?
Usually, a hearing on a TRO happens pretty quick - - within a few weeks.

No, it's not bad form and the judge should not hold that against you.

As for setting the motions for hearing, they all can be set for the same time/date. That's just up to the judge.
Customer: replied 3 years ago.
Order to show cause is that the same as an emergency motion? Which is a motion that gets u infront of a judge before his motion day? My TRO was title "petition for a TRO to stop harassment" did I make a mistake? Should I have done an OSC instead?
Customer: replied 3 years ago.
Plus I had to use white out and wrote in a few things, I thought since I was bringing an action I was the plaintiff but the clerk told me no, I'm still a defendant in this case. So can I resubmitt a better copy later?
No, an order to show cause hearing is a contempt hearing that is filed after an order has been entered and subsequently violated by a party.

The order to show cause is for the violator to come into court and tell the court what excuse he/she has for violating the order - - that's not the case in your situation now. However, after your order is entered, if it is violated, you'd have to file a motion to show cause.
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