Can you get a restraining order based on threatening text messages? 47 Answers as of June 11, 2013

Can you get a restraining order based on threatening text messages?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It depends on whether you can convince the court that the threat is genuine and you are in danger.
Answer Applies to: New York
Replied: 10/20/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
That you be up to the Court and it depends on the content of the messages.
Answer Applies to: Alabama
Replied: 9/12/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends on the text of the message. If it is a veiled threat, the answer depends on the other circumstances that tend to lead you and others, to believe it is an actual threat that is capable of being carried out.
Answer Applies to: Texas
Replied: 9/9/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Possibly, although I think you are probably referring to a protective order. Threatening text messages can be charged as harassment or even terroristic threats. You can contact police about the message and file charges. If charges are filed, then the prosecutors' office will get a protective order for you.
Answer Applies to: Texas
Replied: 9/9/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You may request of the Court a restraining order based on threatening text messages provided you can prove the source of the messages.
Answer Applies to: Alabama
Replied: 9/9/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You certainly can if the text messages are threatening and a reasonable person would be put in fear that the threats will be carried out.
    Answer Applies to: Washington
    Replied: 9/8/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Whether or not a restraining order will be issued depend on the seriousness of threats and likelihood that someone will act on threats he or she made. If the threats are to do physical harm or physical harm has occurred in the past then it is likely that you will be able to obtain a restraining order.
    Answer Applies to: Nevada
    Replied: 9/8/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Yes, if they are threatening you in some way or placing you in fear for your safety. You need to save them and make a police report before filing.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It depends on the text messages and the context in which they are sent. The answer is maybe.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Yes, if the threats are serious.
    Answer Applies to: Louisiana
    Replied: 9/8/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, potentially. The applicable statutes don't differentiate necessarily between the type of alleged threatening and harassing conduct to that degree. Ideally, the bottom line is whether you produce some type of evidence when you apply for the court to review. I'd recommend you retain an attorney if you wish to pursue a PPO. If the other party challenges the PPO, or depending on what the judge thinks of the application for a PPO, you may need to argue for the PPO at a court-hearing.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    If those text messages create a legitimate fear and there has been a prior incident of domestic violence, then there may be a basis. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 9/8/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If there are two or more incidents of harassing and/or stalking behavior, you may qualify for a Personal Protection Order. Whether the order is granted would depend on the nature of the communication, its frequency and content.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It is possible, depending on the language of the text.
    Answer Applies to: Georgia
    Replied: 9/8/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    Yes
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes.
    Answer Applies to: Washington
    Replied: 9/8/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes, a temporary restraining order could be granted based off of threatening text messages. It's a permanent restraining order that is a little tougher to obtain.
    Answer Applies to: California
    Replied: 9/8/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends. You have to file a complaint with the police first, then get it picked up as a case by the District Attorney, then they will protect you with an order.
    Answer Applies to: Texas
    Replied: 9/8/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It is possible to get a restraining order based on a threatening text message if you can prove who sent the text message and if it threatened bodily harm to you.
    Answer Applies to: Colorado
    Replied: 9/8/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You may get a restraining order because of text messages. Make sure you take in proof of the threating messages at the time you seek the order.
    Answer Applies to: California
    Replied: 9/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can. A text is a form of communication no different from any other type of communication.
    Answer Applies to: California
    Replied: 9/8/2011
    D'Andrea Law | Kathy D'Andrea
    In order to get a temporary restraining order (TRO) several elements must be satisfied. Of those an important one is the person requesting the restraining order must prove they are in imminent danger. So, in order for you to successfully obtain a TRO you have to show those text messages prove you are in imminent danger. This may be difficult to prove with only text messages as evidence (however I do not know the nature and extent of the messages). Another course of action is you may be able to file a police report for harassment. Again depending on the nature of the text messages this may be your best plan of action.
    Answer Applies to: California
    Replied: 9/8/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    It depends on the history of the relationship (i.e. has there been abuse before) and the individuals involved (I.e. is one a police officer who owns a gun?). You can always go to get one and if you are denied then no harm, no foul. You just cannot lie or exaggerate in your allegations.
    Answer Applies to: Pennsylvania
    Replied: 9/8/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    If you can show an imminent danger than possibly.
    Answer Applies to: Pennsylvania
    Replied: 9/8/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    The short answer is yes if the calls amount to harassment as determined by the court.
    Answer Applies to: Washington
    Replied: 9/8/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Yes. A threat whether in person, over the phone, in writing or by text may be enough to obtain an antiharassment or domestic violence protection order.
    Answer Applies to: Washington
    Replied: 9/7/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Depends on contents of threatening text messages - you can go to the district attorney's office for application.
    Answer Applies to: Texas
    Replied: 9/7/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    A restraining order can be based on any form of harassing or threatening communications. It has to be established by clear and convincing evidence that the messages caused fear, and the more recent they occurred from the time the order is requested the better.
    Answer Applies to: Minnesota
    Replied: 9/7/2011
    Law Office of Killain R. Jones
    Law Office of Killain R. Jones | Killain Jones
    It will be difficult to get a restraining order based on a text messages because of the issue of exclusive control. Even if the phone number belongs to the person whom you want the restraining order against there is no way to prove that that particular person sent the message.
    Answer Applies to: California
    Replied: 9/7/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Yes.
    Answer Applies to: California
    Replied: 6/7/2013
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Yes you can get a restraining order with a text message, as long as you convince the judge that you are in potential danger. In my experience judges tend to favor caution and grant retraining orders.
    Answer Applies to: California
    Replied: 9/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The possibility exists for getting a no contact order with a text, of course the judge would want specific information from you.
    Answer Applies to: Kansas
    Replied: 9/7/2011
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