Friday, July 10, 2009

Could I get a restraining order and how would I go about getting it?

my boyfriend and I have been together for over a year with the exception of a 2 week break. During that break (when we did not think we would get back together) a "friend" of mine tried to seduce him, showing up at his apartment in her underwear, generally just throwing herself at him. When we got back together he tole her that she needed to stop. When that didn't work I told her to leave us alone, in turn she sent me nasty messages through myspace and facebook, and keyed my car (i don't have proof it was her, but I have a pretty good idea) and was stalking me and watching my house, and at the same time she was calling my boyfriend consistantly, even when he asked her to leave him alone. Can I get a restraining order against this girl? How much would it cost? What are the general terms of a restraining order? I am in Tennessee. Please give me some advice!
Answers:
Yes you can. Here is what you need to do. You need to keep copies of any voicemail messages, emails etc and file a police report.
What is the legal definition of stalking?

Stalking is when someone repeatedly harasses you. You have to be harassed more than once for it to count as stalking.

Harassment is when someone contacts you without your consent, in a way that distresses you. It includes things like:

following you without you saying it’s okay,
coming up to you when you ask them not to,
constantly calling you,
keeping on showing up at someone’s house or job (whether or not they come inside),
sending you threatening emails, and
dropping things off on your property that distress you.
To count as stalking, the harassment must also make you feel:

terrorized,
frightened,
intimidated,
threatened,
harassed, or
molested.
Your fear has to be “reasonable” – that a reasonable person in your position would be scared or terrorized, too.


For the purposes of getting a protection order, you're considered a victim of stalking if anyone has:

stalked you,
threatened to stalk you, or
made you scared that they're going to stalk you.

The restraining order will let the person know that they cannot contact you via mail, or phone. in addition, they cannot be within a certain distance of your person and if those conditions are violated, she can go to jail. Your boyfriend will have to file one on his own. I know in Hamilton County a restraining order is $299.00
http://www.larcc.org/pamphlets/children_...

They will answer ALL your questions, such as; fees, who to contact, description, and the entire process. Very easy to follow. They also have a hotline listed on their website, and a form to fill out, though I believe that form is for a different state. You can just stop down at the county courthouse to get the proper form from your state.

Also a good source: http://www.letswrap.com/legal/hro.htm...
First for you to get a restraining order, you need some proof that she is harassing you, have someone else witness the things she is doing, if your boyfriend doesn't want her bothering him he can go to the city, county court house and ask for a hearing to try and get a restraining order, cost nothing in most states, usually first time good for six months, usually says something like no contact with the victim, must stay so far away 100 yds., no contact means phone, mail,showing up with out permission at residence or place of employment, no e-mail, so on and so forth or you can swear out a complaint with the police and have them investigate her.

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