ExpertLaw.com Forums

How Does a Restraining Order Work

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 02-18-2014, 01:58 PM
    li/<o
    How Does a Restraining Order Work
    My question involves restraining orders in the State of: California

    Hi, I am from California and I am having an issue. Here is a little background. I just found a wonderful girl truly in love with her. She has a crappy ex he is mentally unstable (she told me this things little by little). I am worried about her most than anything. She is concerned about me so how exactly does a retraining order work? What things should be kept in record? I just want to be in peace with her without him butting in he has called checked up on her (they broke up a while back). It seems the best way to deal with this issue is getting a restraining order since I don't think he will leave us alone. Advice tips would be appreciated.
  • 02-18-2014, 06:10 PM
    Mr. Knowitall
    Re: How Does a Restraining Order Work
    Why does she believe she is at imminent risk of harm from her ex?
  • 02-18-2014, 06:32 PM
    cdwjava
    Re: How Does a Restraining Order Work
    You cannot get a restraining order because he might be bothersome or threatening in the future. SHE can get one if she is at demonstrable risk of harm from him, and you can for the same reasons. If he has not attacked or threatened you, then no judge will add you to the order. She can only get one if he has done something that reasonably puts her at risk of harm. Besides being creepy, what has he actually done?
  • 02-19-2014, 01:33 AM
    li/<o
    Re: How Does a Restraining Order Work
    Thanks for the responses He hasnt done anything serious yet, but she has told me he is a bit unstable and from her past with him he does dumb things like one time they broke up he would hitting his head on the door it was scary. Its not the bothersome that worries me its that she told me that her ex a long time ago told her that if she ever cheated on her that he would kill her (sounded serious). It just worries me overall and want to be prepared if that would be the case getting a restraining order to be safe.
  • 02-20-2014, 06:05 PM
    tophat
    Re: How Does a Restraining Order Work
    Mentally unstable? Do you have a background in psychiatry or psychology? Hitting his head on the door? That's not domestic violence. I'm not seeing anything here that says that domestic violence was committed. Actually, I would suggest you be careful about the girl your with, as restraining order proceedings often do not have juries involved. As such, the judge can sign off on a plenary or permanent order based on bias. Temporaries and plenaries are given out like candy. The proceedings are obfuscated by legal ignorance. The judges commit felony fraud and are not prosecuted. Also, because many individuals are murdered when restraining orders are handed out, they tend to give a false sense of security: In other words, either the applicant is ignorant or being malicious in seeking the order. I've known a few people who have applied for one with the intent to harass.

    My ex-gf told me that if I ever cheated on her, she would cut off my balls. Sounded serious? Were you witness to the event? Did you believe that he held intent to intimidate? The girl I had dated had attacked a man who was taller than her and stronger than her, because he had cheated on her: He did not attack her back. I was not intimidated, but I was put on guard to be cautious. It sounds your the girl you're with and her ex-bf are both ignorant of the law. I'd be careful around them.

    I don't think the judge will sign you onto your girlfriend's order in any way. If the individual harasses you, you might be able to seek a civil harassment order.
  • 02-23-2014, 11:17 AM
    li/<o
    Re: How Does a Restraining Order Work
    Thanks for the response its been a while since I last followed up in the topic. I am just worried, there is more to it I mean if a guy is mentally stable they would wish the best for your future on your relationship and move on, but this guy seems like he would be stalking and makes me uncomfortable however (an update on the issue) they talked things through and it seems that the guy simply understood and moved on (however I am still not 100 percent assured everything will be fine in the future I just hope so). The only domestic violence was when she told me he hit her she never did anything other than break up. Either way I really appreciate the post "tophat" the civil harrasment order how would that work? I know he hasnt done anything extreme yet, but I just want to be prepared for anything he might do and take it into account.
  • 02-23-2014, 11:20 AM
    Dogmatique
    Re: How Does a Restraining Order Work
    Quote:

    Quoting li/<o
    View Post
    Thanks for the response its been a while since I last followed up in the topic. I am just worried, there is more to it I mean if a guy is mentally stable they would wish the best for your future on your relationship and move on, but this guy seems like he would be stalking and makes me uncomfortable however (an update on the issue) they talked things through and it seems that the guy simply understood and moved on (however I am still not 100 percent assured everything will be fine in the future I just hope so). The only domestic violence was when she told me he hit her she never did anything other than break up. Either way I really appreciate the post "tophat" the civil harrasment order how would that work? I know he hasnt done anything extreme yet, but I just want to be prepared for anything he might do and take it into account.


    Has it occurred to you that girly girl might be exaggerating a wee bit?

    After all, she's no psychologist, is she?
  • 02-23-2014, 02:43 PM
    li/<o
    Re: How Does a Restraining Order Work
    Quote:

    Quoting Dogmatique
    View Post
    Has it occurred to you that girly girl might be exaggerating a wee bit?

    After all, she's no psychologist, is she?

    I know girls can exaggerate and she does exaggerate a bit, but a death threat and physical contact is something to consider. She isn't a psychologist, but point is I just want to take everything into account I know you need a valid reason for a restraining order (I just want to be prepared to take every evidence into account).
  • 02-23-2014, 04:34 PM
    cdwjava
    Re: How Does a Restraining Order Work
    No judge will issue a CHO for what MIGHT happen. You will have to provide reasonable cause to believe that you are at near imminent threat of harm from this individual before a judge would consider your application for the CHO. So, if no threats have been made or action taken against you, no order is likely forthcoming absent a lot of lying or exaggeration.
  • 02-23-2014, 06:42 PM
    li/<o
    Re: How Does a Restraining Order Work
    Quote:

    Quoting cdwjava
    View Post
    No judge will issue a CHO for what MIGHT happen. You will have to provide reasonable cause to believe that you are at near imminent threat of harm from this individual before a judge would consider your application for the CHO. So, if no threats have been made or action taken against you, no order is likely forthcoming absent a lot of lying or exaggeration.

    So for example when the guy told her "if you cheat on me I will kill you" say you record that without his consent thats a good amount of evidence to show a threat right? The only two threats have been as mentioned the death threat and the physical contact. Although that was in the past when I wasnt involved all I want is to play it smart since no matter what he will be there course though right now it seems it ended in good terms I want to be in the safe side.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 10:07 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved