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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 filed restraining order via text msg and fear of physical

Customer Question

I filed for a restraining order for harassment via text msg and fear of physical abuse due to drug abuse and possession of firearm. Nothing was issued just hearing on 12/01/2015. Hearing for child welfare/custody. Root cause is child support payment. I owe him money and has a promissory letter to pay for it. He revised it saying that he'll take over everything and will count on top of child support, notarized and was only signed by me. And now he wants me to pay him back. Should I just serve him and go to court for settlement? I've been in contact with him through text hoping we could settle matters on our own. But he's asking me to cancel child support and wants joint custody.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only 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.

I am sorry to hear about this situation. I am going to assume that you filed for a civil harassment order here. What happens when someone files for a harassment restraining order, is that the Court may do the following:

1) Issue an immediate ex parte order if you show reasonable proof of harassment and that you will suffer great or irreparable harm. Or, the Court may decide not to do this. After this,

2) There will be a temporary hearing order within 2-3 weeks. The other party would have been served by then, and can appear to contest the matter. If the Court granted the ex parte order (see #1), then the Judge can continue/drop/modify it as needed after it hears from both parties. If the Court did not grant the ex parte order, the Judge can still order a temporary restraining order at this time.

3) Then, there will eventually a final hearing, and the Judge may order a restraining order for up to 5 years, with another possible extension.

From what you a telling me, you are likely waiting for step 2 on 12/01.

Should I just serve him and go to court for settlement?

I cannot tell you what to do. However, if someone is threatening you and harassing you via text, then texting them back may make your argument for a restraining order weaker as he may argue that this was "simply talking via text." If you really want a restraining order, it may make sense not to communicate with him at all prior to the hearing(s), as doing so will make your request for a restraining order seem less serious.

Good luck.

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