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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23546
Experience:  Active member of the NYS bar since 1989
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I run a business and have someone harassing me from my past.

Customer Question

I run a business and have someone harassing me from my past. How do I get a harassment restraining order on them if I do not know their name
Submitted: 3 months ago.
Category: Legal
Expert:  Zoey, JD replied 3 months ago.

Hello,

In what state are you both? If you don't know his name, would you know exactly where to find him? The difficulty is that before any protective order is issued, a judge would have to believe that you are in need of such an order You would have to present facts about this person and what he's been doing to you. If you don't know who and where this person is, a judge may not issue the order.

Assuming that he does issue the order, however, in order for the restraining order to take effect, the party the order is issued against has to be formally and personlly served with a copy of the order. That means he has to be handed a copy of the order by any person at least 18 years old who is not a party to the action. Email or a phone call or letter won't activate the order. So if you don't have a name and address for him and he can't be served, the order is not in effect.

If this person is really giving you a hard time and it's affecting your business, you may want to get a private investigator to help you turn up his identity. Then you could not only get a restraining order, but if he's damaged you professionally and you could show an economic loss, you could also sue him.

Expert:  Zoey, JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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