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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to get a restraining order on someone in another

Customer Question

i need to get a restraining order on someone in another state. He happens to be the father of my daughter. He recently completed his sentence and is no longer on parole and wants to establish a relationship with his daughter, against the 14 year olds wishes. He was charged with domestic violence previously against me (10 years ago) and I am afraid that he may retaliate towards me.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and thank you for requesting me. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

1) Has he actually threatened you recently?
2) What state is he in now?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
He called today and told me that I should just wait and see what happens next week when he flies into my state. He is currently in Oregon.
Expert:  Ely replied 1 year ago.

Thank you.

Someone in your situation has every right to seek a restraining order if he has actually made a threat or acted in a threatening manner. Simply calling is not enough, unless he was arguably doing so in a way to threaten you without actually stating so. See HERE.

This is the best way to act if one feels that he has threatened you.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
I had a restraining order in 2008 when we resided in the same state and he violated that multiple times and was arrested. I didn't renew the order because he then moved to another state as well. Why would I need him to specifically state the harm that he plans to do to me a just to get it re-issued?
Expert:  Ely replied 1 year ago.

The Courts do not issue such restraining orders lightly. Therefore, one needs to have some kind of reasonable fear that he would harm you. Whether or not the fact that you have had a restraining order (showing there was such a belief then) already but simply chose not to renew counts depends on the Court. The Judges however like to see some kind of threat not so long ago.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.