Question about a Restraining Order .

[dantheman]

No , I am not personally involved . A family member has filed for an order against someone that is harassing him with some pretty nasty text messages . His minor son saw the texts and he is putting a stop to all future communications from this person . I assume the order will require this person to stay away from him . How is this sort of thing handled as far as public places like ball parks for instance ? If the family member is at the park and other person shows up but does not communicate with him is that ok , or does that person have to leave ? I'm just confused on what the process involves .

 

[thperez1972]

As always, you should check with a lawyer. I am not a lawyer.

The order should prohibit the subject from showing up at the victim's place of employment or home. It should prohibit the subject from contacting the victim, either directly or through a third party. As far as both of them being in a public location at the same time, the subject should avoid communicating with the victim.

 

[AustinBR]

As always, you should check with a lawyer. I am not a lawyer.

The order should prohibit the subject from showing up at the victim's place of employment or home. It should prohibit the subject from contacting the victim, either directly or through a third party. As far as both of them being in a public location at the same time, the subject should avoid communicating with the victim.

Also not a lawyer, but won't the order be very specific as to what is prohibited?

I would think if the "restrained" subject intentionally shows up at the same public place and tries to make contact, they would be violating the order. Simply being at the same place (unintentionally) shouldn't be a problem.

 

[frankinola]

You can get more info on terms and conditions. which wpuld be based upon past/current relationship. veryimportant to get w an attorney that handles that types of cases.
Also document everthing, screen captures of all text, save voice mails, put camera around house and dash camerz on car.
Also consider filing a complaint w law enforcement..

LPOR - Louisiana Supreme Court

 

[dantheman]

You can get more info on terms and conditions. which wpuld be based upon past/current relationship. veryimportant to get w an attorney that handles that types of cases.
Also document everthing, screen captures of all text, save voice mails, put camera around house and dash camerz on car.
Also consider filing a complaint w law enforcement..

LPOR - Louisiana Supreme Court

As I understand it , the order has been drawn up and possibly also been served , I don't know the specifics but I was just curious about the basic process .

 

[thperez1972]

Also not a lawyer, but won't the order be very specific as to what is prohibited?

I would think if the "restrained" subject intentionally shows up at the same public place and tries to make contact, they would be violating the order. Simply being at the same place (unintentionally) shouldn't be a problem.

Even being at the same place intentionally may not be a problem if that place isn't listed in the order. Wife has restraining order against husband. Kid has a baseball game. Husband goes to the game, doesn't try to contact the wife or the child, and watches the game from the other side of the field.

What about this scenario? The husband is at a restaurant on a date with another woman. The wife sees the husband's car parked in front and stops at the restaurant. Is the husband violating the protective order by being within the listed "stay away" distance listed on the order?

 

[drill sgt]

Not a lawyer here but do know that how the restraining order is specifically worded will determin how and where it can be enforced..... Remember a restraining order is only a piece of paper to stop someone from doing something...And the next problem is trying to get the police to enforce the restraining order in a timely time frame.... ................. drill sgt.

 

[Kraut]

Restraining orders are issued in a temporary status initially, and a hearing set for later at which time the restrained party can contest the order's continuation or conditions. That hearing would be the time/place to nail down the specifics such as attendance of their child's school/sporting events where they may both want to be present, and can usually be allowed for as long as other contact/communication is avoided, and reasonable distance maintained.

 

[thperez1972]

Restraining orders are issued in a temporary status initially, and a hearing set for later at which time the restrained party can contest the order's continuation or conditions. That hearing would be the time/place to nail down the specifics such as attendance of their child's school/sporting events where they may both want to be present, and can usually be allowed for as long as other contact/communication is avoided, and reasonable distance maintained.

Yes, that's how it should work. Unfortunately, it's been my experience that there are too many situations not covered in the order that introduce grey areas. Then there's the "victims" who try to use the order to control the other party by threatening to call the police when the "victim" doesn't get their way.

 

[gwpercle]

Until a proper Order is put in place ...You can always ... simply not read Text Messages from persons/parties you don't wish to communicate with .
There is no law that says you must read a text message or E-Mail ... I have deleted hundreds of them ...without ever reading a word ... and never gone to jail !
Gary