Can I file a restraining order against someone who has not touched me? 10 Answers as of October 29, 2010
I want to file a restraining order against my ex-husband but his harassment has never turned into any physical violence. He follows me and verbally abuses me but has always remained outside of my personal space and never hurt me. Can I still file a restraining order?Free Case Evaluation by a Local Lawyer!
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Nelson & Lawless | Terry Nelson
Restraining orders can be sought to protect you from threats, or harassment of any kind. If serious about doing so, feel free to contact me for legal help.
Answer Applies to: California
Replied: 10/29/2010
Law Offices of Phil Hache | Phil Hache
In short, yes, you may still file a restraining order. First, a temporary restraining order, then there would be additional Court dates to determine whether the court would grant a longer restraining order.
Answer Applies to: California
Replied: 10/29/2010
Donrad Law Offices | Sean Donrad
Yes as long as the judge will believe you. Call me for further information.
Answer Applies to: California
Replied: 10/29/2010
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you have a well grounded fear of violence or other abuse you may have the basis for a restraining order even if he hasn't used violence in the past. He might also be guilty of the criminal offense of stalking by following you in a manner that causes fear on your part.
Answer Applies to: California
Replied: 10/29/2010
The Law Offices of Christopher J. McCann | Christopher J. McCann
Yes absolutely. It is a a restraining order based on civil harassment. It may even be quicker and more effective to go to the police and file a complaint for stalking. You'll need to document at least 3 incidents as best you can with pictures and recordings if possible and safe to do so to get the police to take it seriously and follow up. If he is charged, the DA will insist on a protective order which any judge would grant.
Answer Applies to: California
Replied: 10/28/2010
The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes you can. It does not have to be just physical abuse.
Answer Applies to: California
Replied: 10/28/2010
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Yes. A basis for a restraining order is not just actual violence, but also the credible threat of violence, as well as conduct that seriously annoys and harasses, and serves no legitimate purpose.
Answer Applies to: California
Replied: 10/28/2010
Wise Law Group | Michael J. Wise, Esq
Yes. You can file a Temporary Restraining Order which triggers a hearing. At that hearing you will have to explain to the Court why you seek to have your ex husband restrained. I have handled several of these over the years.
Answer Applies to: California
Replied: 10/28/2010
Law Offices of Juan Dotson | Juan Dotson
Yes you can. Whether or not a judge would grant it is out of your control. In cases without physical injury or threats of injury, you may best be served with having an attorney advocate your position for the basis of the restraining order.
Answer Applies to: California
Replied: 10/28/2010
Dennis Roberts, a P.C. | Dennis Roberts
Yes you can He is harassing you so you can get a stay away order requiring him to stay 100 yards from your home, place of business, etc.
Answer Applies to: California
Replied: 10/28/2010
