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Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I'm in massachusetts, but the person I need a restraining order on lives in a different country. Death threats via email, etc.

Lawyer's Assistant: Has anything been filed or reported?

I am not an american citizen

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I've gotten a temporary order and am to reappear in court on monday to determine a first exention

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Answered in 1 minute by:
11/22/2017
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,969
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can. I'm not sure if I'm following... you got a restraining order against someone who lives in a foreign country - from a US court??

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Customer reply replied 7 months ago
the initial order was granted. This monday, the hearing will take place for extension.
Customer reply replied 7 months ago
He was served the order by email, which i understand it adequate now.

Is he a US citizen?

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What can I answer for you?

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Customer reply replied 7 months ago
He has threatened to kill me if I don't contact him and then if I don't contact him, he will kill my family in my home country. He has already made contact with them. He has emailed everyone in my university department, and therefore the university is taking this very seriously.
Customer reply replied 7 months ago
He is not a US citizen
Customer reply replied 7 months ago
Good question. I'm quite confused.

I'm happy to try to unconfused you :)

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But, it is highly unusual to see a restraining order granted against someone in a foreign country. That is for sure.

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Customer reply replied 7 months ago
How can I reasonably prove that I fear for my safety from someone who lives across the atlantic? is it enough that all of his threats are in writing?
Customer reply replied 7 months ago
It is possible for him to hop on a plane and carry out his threats. Right?
Customer reply replied 7 months ago
There is no restriction on his entry to this country
Customer reply replied 7 months ago
It is unusual for sure, I'm not sure if it is prestige of my university that is leading the court to take this seriously and the fact that he has not started to email everyone in my department and then has extended his emails to other departments in the university.
Customer reply replied 7 months ago
now, not "not started"
Customer reply replied 7 months ago
Olivia, are you still with me?

So a state court granted you a restraining order - is that correct? And for how long?

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Customer reply replied 7 months ago
Again, right now, it is the initial order. So last tuesday, I filled out affidavit, judge issued a restraining order to be reviewed in 10 days which is this monday. The order was submitted and received by man via email and confirmed this morning.
Customer reply replied 7 months ago
like i said. 10 days. Monday is the review. Are you familiar with the process of getting a restraining order? First you fill out affidavit, appear before a judge, order is granted for 10 days, to be reviewed by judge. Do you know this process?
Customer reply replied 7 months ago
I believe the idea is that the man has to have the chance to defend himself before a year long order is ordered by the court. Obviously, he will not show up for this hearing.

S​o you have temporary restraining order, not a permanent.

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Customer reply replied 7 months ago
Monday I go to court to get an extension for one year.

A​nd, yes, he will not show up to the hearing... The court will probably grant it, but the court has no jurisdiction over him for all intents and purposes. Obviously if he comes to the US that would be different.

It's not really an extension for one year - it sounds like what you have is a TEMPORARY restraining order and on MOnday will be the hearing to decide if they should grant a PERMANENT RESTRAINING ORDER - which would be a one year term based on what you described.

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Customer reply replied 7 months ago
if he comes to this country, the restraining order would protect me yes? And so my question stands. If he is not in the country and I have to make a reasonable argument for "imminent risk," how do I do that?

Y​ou can't make out an 'imminent risk' claim for yourself if he is nowhere near you. However, you can make out an imminent risk for family members that you would put on the FRO.

And, yes, if he comes to the US, the RO is meant to protect you - but it's a piece of paper, you realize.

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Customer reply replied 7 months ago
I understand it's a piece of paper, but can I get the piece of paper? it might frighten him enough to stay out of the US. And if it frightens him, I might be more safe.

If they gave you a temporary restraining order they're stating they believe they have jurisdiction over him - and therefore you probably will get the FRO b/c his conduct is pretty egregious.

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Customer reply replied 7 months ago
FRO?
Customer reply replied 7 months ago
Remember, I'm not from this country and won't recognize acronyms. English is my third language.

Final Restraining Order.

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Customer reply replied 7 months ago
thank you. so you think that because they issued the temporary order that they will order one for the next year as well?

I​ am very surprised that they issued a temporary restraining order (given his location) - I'm telling you that honestly. But since they did, you have a strong chance of getting a Final Restraining Order b/c your facts haven't chanced between one and the other.

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Customer reply replied 7 months ago
Thank you.

It's my pleasure. If I can help you with anything in the future I'd be happy to.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,969
Experience: Partner at Kent Law Group, LLC
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