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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33397
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am trying to find out what I can do about an individual

Customer Question

Customer: my name is Charlena ***** ***** and I am trying to find out what I can do about an individual that is harassing me...he is not an ex-boyfriend, but he wants to be...he has been told over and over and over that I am not interested in him, I've had to change my number 3 times in the past 6 months...he just last week was able to get my current number..according to him he has an "ace in the hole" with my cell phone provider and that person gave it to him...he will show up at my house, which is now over an hour and a half from his house because I moved...he has assaulted me (the police didn't even file a report!) he has stolen my phone 2 times lately...he is driving me crazy and I don't know what to do to get him to stop. The sad thing is that he is married and has a 6 year old daughter!!
JA: Thanks. Can you give me any more details about your issue?
Customer: I don't contact him ever...I don't ask him for anything or to do anything...I have never acted like I wanted to be his it's not like I've been leading him on. He even pulled a gun on me and the police did pull him over but they didn't find a gun so they didn't even file a report even though he threw hot soup in my face and had tried holding me hostage but I managed to escape....the police act like I am the crazy one...they said it would be my word against his so they discouraged me from filing a report.
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I read your facts (I certainly understand your concern). Is there a specific question with which I could assist?

Customer: replied 1 year ago.
What can I do to stop him from contacting me period? I want to know what sort of legal action I can take because he is obviously not taking me serious and I need some sort of documentation that proves I tried to get him to leave me alone because if he doesn't stop, and he shows up at my house again, I will shoot him.
Expert:  Dwayne B. replied 1 year ago.

The best solution is to contact the District Attorney's office and see if they will be willing to pursue a Protective Order on your behalf. Some will and some won't. If they do not then you can hire a private lawyer who can apply for it through the local court.

A protective order is a form of injunction. The main difference is that in an injunction if the person violates it then you have to file a Motion for Contempt with the court to seek to have them punished whereas with a protective order a violation can result in their immediate arrest, although the police would be the ones doing the arrest and it doesn't sound like they are terribly responsive.

Regardless, either the protective order or the injunction are the best options for you and should allow you to obtain the result you desire since the judge will order him to stay away from you, not to contact you, etc.

Both the protective order and the injunction have the same basic steps.

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.

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