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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33404
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I'm being harrassed by my mother, who I haven't had a

Customer Question

Hi ***** *****, I'm being harrassed by my mother, who I haven't had a relationship with in years. I've blocked her from just about everything I can think of. She's accusing me of just about anything under the sun, none of which is true, but the harrassment doesn't stop She lives out of state, so I feel at a loss for what I can do to get this harrassment to stop
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure, currently she is accusing me of stealing money from her years ago, and saying that I need to pay her back or she will throw me in jail. I did not steal any money from her. When I told her to stop calling, and if she didn't stop this, I would hire an attorney. In the mean time, I blocked her from calling my business she, then through facebook, contacted one of my business partners telling them I'm mentally ill, and needed to pay her money. it's embarassing to me and I want her to stop
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Currently, I live in Florida, and she lives in Massachusetts. While, she has done this with just about every person in our family, I am trying to conduct business, and would really like the harassment to stop.
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.

With what speciif question can I assist?

Customer: replied 1 year ago.
My question is this, I am being harassed by my mother who lives in Massachusetts. She is harassing me, my business associates, and committing slander about me. Can I file a restraining order to put an end to this?
Expert:  Dwayne B. replied 1 year ago.

Yes, an injunction would be the most likely way to achieve the goal you have of stopping her from bothering you. The question then becomes the best place to sue her for this and that is something you will want to discuss with your attorney. Most likely they will tell you the best venue is where she resides due to the difficulties of enforcing an order from your state against a person who resides in another state.

You definitely want to retain an attorney due to the procedural difficulties of filing for an injunction.

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.