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  • restraining orders

    I am wondering how common this is in other systems.
    Called the sheriffs office tonight before work, asked about a restraining order against an ex boyfriend.
    hes been threatening me via text....mostly vague things like "you will never get rid of me", "your messing with the wrong person", "things will get worse if you dont get back together with me".
    well you get the idea.
    so i was told....unless i have already been physically harmed, they would not issue a restraining order.
    is that for real? i have to wait and be hurt before i am given any protection legally?
    is this how it is with all magistrates?
    im just curious if this is a common occurance.
    I just haven't been the same since that house fell on my sister.

  • #2
    Uh, no. Not here, anyways, I don't know about Virginia.

    Comment


    • #3
      If VA is like NC, you can't get a restraining order w/o an attorney.
      sigpic

      I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

      Comment


      • #4
        Can you get a warrant for harassment?
        sigpic

        I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

        Comment


        • #5
          In Texas, a restraining order is a civil document. You would have to get an attorney to get one, and then it's filed in a District Court. If a person violates a restraining order, law enforcemet cannot take action. Since it is a civil document, you have to return to court and have the judge file a contempt charge on the suspect. The only thing we (The Pooolice) can fill out is a Magistrate's Order of Emergency Protection A.K.A. Protective Order. Protective order is issued during times of domestic violence, and can be enforced by law enforcement.

          Wanna know how to get your ex from contacting you?? Change your number. It's usually free if you tell your carrier what is going on. That's the best advice that I give to most in regards to phone harassment.

          Comment


          • #6
            I'm thinking I just need to at least talk to the magistrate or a lawyer....its just so embarrasing. I have never been such a bad judge of character.
            Hes just nuts and it took me 3 months to see it?
            I just haven't been the same since that house fell on my sister.

            Comment


            • #7
              yes I'm changing my number today after I get off work.
              I just haven't been the same since that house fell on my sister.

              Comment


              • #8
                1) Do not erase any of the messages.

                2) Document everything. Either w/ a police report or through an attorney.

                In Ga harassment w/ the intent of intimidating is stalking.


                Here's some additional info. The internet is your friend.



                Code Section 18.2-60.3
                Stalking Defined as Intent or knowledge that repeated acts cause reasonable fear
                Punishment/Classification Class 1 misdemeanor
                Penalty for Repeat Offense Commission of 3rd offense within 5 yrs.: Class 6 felony
                Arrest or Restraining Order Specifically Authorized by Statute? Restraining order issued upon conviction


                Be smart. Take steps to ensure your safety and security. That is YOUR responsibility. LE can assist you, but only if you do your part.

                Good luck.

                Comment


                • #9
                  Code of VA


                  § 18.2-60.3. Stalking; penalty.

                  A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor.


                  § 18.2-429. Causing telephone to ring with intent to annoy.

                  Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his own, to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose shall be guilty of a Class 3 misdemeanor.

                  § 18.2-427. Use of profane, threatening or indecent language over public airways.

                  If any person shall use obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, he shall be guilty of a Class 1 misdemeanor.

                  Hope these help. If you can prove that the messages are from him, bring them directly to your local magistrate and see if s/he will issue a warrant.
                  Magistrate: "Do you have any other pending charges?"
                  Drunk: "Well there's this thing where the cops said I spit blood on them."
                  Me: "Wait a minute, that was me!"
                  Drunk: "Oh... now you like me even less."

                  Comment


                  • #10
                    Originally posted by hurricane_medic View Post
                    I'm thinking I just need to at least talk to the magistrate or a lawyer....its just so embarrasing. I have never been such a bad judge of character.
                    Hes just nuts and it took me 3 months to see it?
                    Don't feel like the Lone Ranger Honey

                    Only took me 33 years to realize mine was nuts
                    "a band is blowing Dixie double four time You feel alright when you hear the music ring"


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                    Comment


                    • #11
                      Florida

                      Originally posted by hurricane_medic View Post
                      I am wondering how common this is in other systems.
                      Called the sheriffs office tonight before work, asked about a restraining order against an ex boyfriend.
                      hes been threatening me via text....mostly vague things like "you will never get rid of me", "your messing with the wrong person", "things will get worse if you dont get back together with me".
                      well you get the idea.
                      so i was told....unless i have already been physically harmed, they would not issue a restraining order.
                      is that for real? i have to wait and be hurt before i am given any protection legally?
                      is this how it is with all magistrates?
                      im just curious if this is a common occurance.
                      You won't get one in Florida if "texting" or harassing phone calls are the only things you're complaining about. Reasoning is the offender can't hurt you over the phone! Judges have become more strict in issuing protection orders as most people are using them as "pawns" in their own personal vendetta against their ex!

                      Comment


                      • #12
                        You went to the Magistrate's Office I presume. Generally, in VA, magistrate's will issue the "Emergency Protective Order". These are usually good for about three days and are issued as a result of some form of direct assault, threat, etc.. They may not always be issued for simple phone harassment. However.....

                        You can take your situation to your local JDR (Juvenile & Domestic Relations Court) and file for a Preliminary Protective Order. These generally follow an EPO but don't have to. PPO's are generally good for about 15 days. A subsequent hearing will be scheduled where it's possible a Final Order (1-2 years) may be granted.

                        Some of what you're saying does indicate (to me anyway) your person is making a possible threat via test message. It's up to the judge but I've seen PPO's issued for less. I'm not sure where you live in VA but around here there's an "Office on Woman" who will guide people through the whole process. See your local Commonwealth's Attorney for further.

                        All P.O.'s are in fact civil in nature until they are violated. Then the matter becomes a criminal case. Best of luck.
                        sigpic
                        Our houses are protected by the good Lord and a gun.
                        And you might meet 'em both if you show up here not welcome son.

                        Comment


                        • #13
                          In NY restraining orders are called Orders of Protection and are criminal in nature. There are two types full, stay away, and limited, do not harass. Depending upon the relationship they can be issued by either a judge in Family Court or Criminal Court after a complaint is made to the Police. Violation of an Order of Protection is a contempt of court and is a crime in itself.

                          Comment


                          • #14
                            thats BS. In the midwest, that would be a (possible) criminal threat/dv, (depending on how you perceive it)...or at least a telephone harrassment/dv charge. You dont need to be harmed before you can get a restraining/no contact/protection order.
                            These little texts are exactly how stalking/harrassment starts. It sucks you need to get a lawyer.....in some jurisdictions, all you need is a few bucks for the paperwork, service and a trip to the courthouse.
                            "I don't go on "I'maworthlesscumdumpster.com" and post negative **** about cum dumpsters."
                            The Tick

                            "Are you referring to the secret headquarters of a fictional crime fighter or penal complex slang for a-$$hole, anus or rectum?"
                            sanitizer

                            "and we all know you are a poser and a p*ssy.... "
                            Bearcat357 to Dinner Portion/buck8/long relief

                            Comment


                            • #15
                              Originally posted by hurricane_medic View Post
                              I am wondering how common this is in other systems.
                              Called the sheriffs office tonight before work, asked about a restraining order against an ex boyfriend.
                              hes been threatening me via text....mostly vague things like "you will never get rid of me", "your messing with the wrong person", "things will get worse if you dont get back together with me".
                              well you get the idea.
                              so i was told....unless i have already been physically harmed, they would not issue a restraining order.
                              is that for real? i have to wait and be hurt before i am given any protection legally?
                              is this how it is with all magistrates?
                              im just curious if this is a common occurance.

                              The text messaging has to be in the restraining order. If its not go get another one with that added on.

                              I see that you're also changing your number. Make sure it is unlisted and then get his number blocked. You might want to do the same for your home number. And then get some insurance by Glockâ„¢.
                              Last edited by wirefire2; 09-19-2009, 02:48 PM.

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