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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26753
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Restraining/protective order what does a judge usually need

Customer Question

For a restraining/protective order what does a judge usually need to see? Also, this person loves to retaliate so if I put a restraining order on him is it possible he can try and get one as well? We both reside in different states. He makes up crazy claims just to talk to me and harass me and even put out a restraining order with false information last year until I took him back then he dropped the case.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Are you looking to get a civil or criminal restraining order?

Customer: replied 1 year ago.
I'm not sure which route to take. He is an ex who just bothers me with claims that he is being harassed.So anything that goes wrong, a telemarketer, a prank call, a prank calk to his family,he tries to file charges against me and has failed before a few times because the evidence he provided didn't match. I need him to stop bothering me and accusing me for stuff that happens to him. He now has other people texting me and sending threats on a text app, which I have already reported to police. What would be the best route dealing with him asap?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Oh I don't need a phone call you can answer here.
Expert:  Zoey_ JD replied 1 year ago.


It's not harassment to exercise your ability to take legal action against someone, unless he already knows that the claims he brings against you has no merit. You also can't go after him for harassment by his friends. Unless you can conclusively demonstrate that he put his friends up to harassing you, you'd have to go after his friends.

You've already taken a good step by reporting him and his friends to the police. What you'd have to show to get an order would be that his conduct reasonably would make out harassment, which in Texas can be found in this statute.

One other thing that you could try would be to have a lawyer send him a cease and desist letter. Such a letter puts him on notice that you find his behavior objectionable and lets him know that if it persists you'll exercise legal remedies to stop him. It has no real teeth except to put him on notice, but if it come to him on legal letterhead, he would know that you actually consulted with a lawyer and believe you could mount some sort of a case. With a reasonable person, such a letter usually does the trick, and because it doesn't take much time for a lawyer to draft it, it's not a very expensive remedy.

If he keeps on you could actually sue him for malicious prosecution for his filing multiple meritless charges against you.

Customer: replied 1 year ago.
He is the type of person who will retaliate if I send him a lawyer letter. I have done this before and he tried to go to police and they said he could not get me for harrasment because I went though a lawyer I am not harrassing him. Every other week he is threatning me, accusimg me of something and then just tries to talk to me. As far as the texts, I am waiting to get a supenoa to see who it came from, it could be him, I don't really know as of yet. My bot***** *****ne question is if I file a restraining order against him can he do one as well? I just don't want more trouble.
Expert:  Zoey_ JD replied 1 year ago.

He cannot restrain you from filing a restraining order against him. You cannot restrain him from filing charges against you, If he's the loose cannon type of person who is likely to retaliate if you do something or if you do nothing, then you're going to get more trouble whether you want it or not, so you might as well have an order.

You've already gone to the police, so let them know you want a protective order if you haven't already.

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