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  1. #1
    Join Date
    Dec 2008
    Posts
    3

    Default Restraining Order Personal Protection Order

    My question involves restraining orders in the State of: Texas

    My girlfriend has a guy who will absolutely not leave her alone. He calls her house 10+ times per day, at all hours (last call was at 3:30am this morning). She doesn't answer, but he keeps calling. He's left multiple messages saying he doesn't care if she's single, engaged, married, etc., he will NEVER leave her alone until she marries him (she's never even met the guy). In addition, he sends her postal mail almost every day. Twice, the police have found him in a tree at her house. Both times, he claimed to be her husband and had "forgotten" his key. He was arrested the second time, but was released after a certain phone call from his 'govenment-agency' employer (He's since been fired because of his actions). He also leaves threats on phone messages saying he's going to come to her house and try and see her (He lives in Virginia, she lives in Texas). He has not threatened any sort of bodily harm, but she is still concerned for her and her children's safety. Is there anything she can do? She spoke to an attorney about a restraining order, but was advised against it, as she would have to disclose too much information on the order (she'd have to specify locations he could not be, which would give him the locations of her work, kids' schools, etc.). HELP!

  2. #2

    Default Re: Restraining Order Personal Protection Order

    It's her call...but if he's this obsessed with her, the odds are that he already KNOWS where she works, kids go to school, etc. Without such an order, police are left with little to enforce, beyond any actual overt criminal conduct on his part (i.e. until he attacks her). A restraining order in and of itself, however, is only as effective as the level of fear of repurcussion it creates in the subject of the order. If he's hell bent on his actions and doesn't care about legal consequences, that order wouldn't be worth the paper it's printed on. As such, they can't be the solution in and of themselves - they've got to be a PART of an overall safety plan.

    See:

    http://www.aardvarc.org/dv/plan.shtml

    and

    http://www.aardvarc.org/dv/orders.shtml

    and

    http://www.aardvarc.org/stalking/main.shtml

    for more info and tips.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Restraining Order Personal Protection Order

    She should also be able to file telephone harrassment charges against him. Not as much information needs to be given out in order for the DA to press charges.

  4. #4
    Join Date
    Dec 2008
    Posts
    3

    Default Re: Restraining Order Personal Protection Order

    Can she get a no contact order?

  5. #5

    Default Re: Restraining Order Personal Protection Order

    She can apply for one. Have her gather all of her info - phone records, any voice mails, emails, copies of police reports, etc. and get in touch with a court advocate in her area. They are often staffed by the local domestic violence program, and they can provide assistance and help walk her through the process. She can find one close to her at

    http://www.aardvarc.org/dv/states/txdv.shtml
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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