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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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Someone is saving very thing that are untrue about my

Customer Question

Someone is saving very nasty thing that are untrue about my husband and I. I want a restraining order and I want her to stop emailing everyone she knows trying to bash us. She is my sister my emotional terrorist
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: She even call TSA to double check us at us customs saying that we had drugs on us which we did not I live in SC and she lives in IL
JA: Has anything been filed or reported?
Customer: No I don't know what I can file or report. Most of he attacks on us are by making us look bad to our extended family's making lies that we are racist to try to scare my father into giving her more money
JA: Anything else you want the lawyer to know before I connect you?
Customer: She's done this my whole life she's borderline but since I got married she's being coming after me and my husband since April
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

You can contact the police and report her for harassment but usually they will tell you "it's a civil matter" when it involves family and there is no direct violence.

If that happens then the only step you can take is to go through the civil courts and ask for an injunction. Unfortunately, injunctions are extremely difficult because they involve very complex procedures and a judge is required to deny the request if there are any mistakes. Most people end up hiring a lawyer and you can ask that the judge award your attorney's fees to you.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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