Restraining Orders - is it too late to get one?
By talithe
@talithe (38)
United States
March 23, 2009 8:48pm CST
I'd like to post this as a more generalized topic, rather than a very personal one, and any comments, resources, and experiences are welcome.
A year ago, Jane was involved in an abusive relationship with Matt. At first it was emotional abuse. After four months, Matt finally laid a hand on Jane. Not only physically assaulting her that night, but threatening her and saying he was going to kill her. Jane left him immediately. The cops had been called twice that night but Jane did not press charges, she just wanted to leave Matt's life as quickly as possible, not wanting to see him in court or in person every again. This was a mistake.
After that night, Matt kept calling her phone, apologizing and asking for a second chance. Jane made it very clear that there is no second chance for a man who would lay a hand on her or want to hurt her. Matt continued the calls anyway, always in hope Jane would change her mind.
He'd continue to call, text, e-mail, have friends watch her, and read her mail (they lived together). The message was always expressed the same. He apologizes, he expresses his love for Jane still, he wants to meet her again in person, and that this was his final goodbye to her. The messages would come about every 2-3 months, and Jane always ignored the messages believing it was "the final goodbye." She thought if she ignored him, he'd eventually leave her alone.
A year after the break up, Matt finds her online and sends her another message. He said he works less than a block away from Jane, and looks for her everyday. Jane had had enough of this and now she's scared to be at work. She replied to Matt to leave her alone. She then saw he had a girlfriend, and contacted the girlfriend and told her that Matt had been harassing her for the past year and she wants him to stop, and she has been afraid of Matt. The next day, Matt's girlfriend leaves him. Jane blocks Matt in every way she can, now hoping that action will be a better resolve. Matt had sent one last e-mail in, expressing a lot of anger. He once more claimed, "this is my final goodbye."
But Matt still knows where Jane works, and Jane is still convinced that he looks for her (now more than ever.) She always felt he wanted to meet her in person to finish what he started the night he hurt her. Every day she lives in fear, wondering if she'll run into him.
So - the grand question. When is it too late to get a restraining order? Some resources state that restraining orders are only provided upon "immediate threat of danger." In Jane's case, she cannot provide evidence that she is in immediate danger. Matt never threatened to harm her in his messages. Jane took all of his messages as threats because of what he did to her, and what she believes he will do to her. Yet, should people live in fear? No. There are obviously loop holes in the justice system. How about some good loop holes?
Share anything constructive that you can.
3 people like this
10 responses
@clorissa123 (4926)
• United States
24 Mar 09
I am not sure about the best time to file a restraint order. But you should consult with local authority. Giving them this case to consider. A restraint order couldn't wait until immediate danger. If he really wants to assault her, that will be too late to file a restraint order, don't you think? You should consult the local counselor, they definitely gonna help you out with domestic violence.
2 people like this
@talithe (38)
• United States
24 Mar 09
I think the best opportunity to get a restraining order would have been the night the abuse happened. If I went through this right now, I'd make sure to file a report for domestic abuse too against the guy. That way it'll be on his record. I appreciate your comment and I agree that a restraining order should come before any violence happens.
@Anora_Eldorath (6028)
• United States
24 Mar 09
I would advise Jane to print out everything she has from this Matt and take it to the local police department and ask what the procedure is for filing a police report. Explain that she took precautions to end the relationship, etc and though she did so this man kept calling, etc. It's not uncommon for things to esculate and most police departments are aware of the cycle of abuse and will help her.
She'll need to file a police report for harrassment. I'm not sure of requirements where Jane lives, but here I'd just file a police report and give them all the information I had. She'll have to go to court for the restraining order but a judge will hear the case, and more than likely if she proves her life is in danger it will be granted. However, a restraining order really is nothing more than a piece of paper. Not that it's not good, at least with one it makes keeping his butt in jail that much easier, but women have still been murdered who had restraining orders.
I would advise Jane if she can to change her number and have it unlisted and unpublished. I'd make sure her neighbors were aware of the issue so they could help watch out for her.
I'd also advise Jane to let her work know what is going on and to have escorts too and from her car if possible. Tell her to keep situational awareness. Know where she is, who is around her, what her exit points are, etc. In this type of situation I'd advise Jane to also take a reputable class in womens self defense, and specifically one that focused on what is called joint manipulations or compliance techniques. These will aid her in getting away should Matt ever attack her.
Namaste-Anora
1 person likes this
@talithe (38)
• United States
24 Mar 09
Thank you for sharing your knowledgeable input, Namaste-Anora. Self defense is a great idea. A lot of what we already know about how to protect ourselves, we don't often take action on until hearing it. Thanks for sharing this option. Joint manipulation and compliance techniques is pretty specific, I'll definitely look around locally for these classes. :)
1 person likes this
@Anora_Eldorath (6028)
• United States
24 Mar 09
I wish you luck in your situation and hope that it all works out for your friend Jane.
Namaste-Anora
1 person likes this
@Anora_Eldorath (6028)
• United States
26 Mar 09
Thanks for the BR. I hope things are going well for your friend. I'll keep her in my prayers. Namaste-Anora
@angel_kaycee (1112)
• Philippines
24 Mar 09
as long as she knows she is in danger i think she should really get a restraining order. it is not really safe for her if she continues to receive messages like that from her ex. we really don't know what he's planning and what he can do to her. so to avoid anything from happening she should really protect herself as early as now. besides it is really disturbing. and it is kinda hard and unhealthy for her to live in fear and being so conscious about everything in her surrounding. well i pray for her safety and peace of mind. anyway happy mylotting!
1 person likes this
@talithe (38)
• United States
24 Mar 09
Thank you for the advice. That is a good point to protect yourself early. This may sound silly, but in the online researching I did, protecting yourself early was not one of the things a restraining order seems to support. It left me with the impression, "Once it happens, then protect yourself further." That is such an ugly motto..
@kprofgames (3091)
• United States
24 Mar 09
I have to agree with a lot that has been said here. I also have to say that she has a police report and hopefully all the e-mails he sent her. She can take all of this to the local police department and that is her evidence.
I agree, this is stalking and the fact that he knows where she works and "watchers" her everyday, that can be preceived as being in danger because he knows where she is.
I would take all this to the local police department frist and if she needs more help then consult a lawyer. Yes, they do a consulting, but it will still cost money if they have to file anything or write a certified letter to him that the lawyer is now aware of his activities.
The way he words the final good-bye, that would scare me too.
1 person likes this
@talithe (38)
• United States
24 Mar 09
Thank you for commenting on this issue, kprofgames. The final good bye is always frustrating because after the first time if it is said again, it's obviously not the final good bye. No one really knows how long this will go on or how long the problem has to be dragged out into. Only time (and a lot of legal work) will tell. :)
@dmrone (746)
• United States
24 Mar 09
Hi talithe! I am not sure if at this time Jane would be able to get a restraining order on Matt, but most states do have stalking laws. Jane should check to see if there are any in her state. No one should have to live in fear, but there are people who do so everyday. It is not fair to them to have to live that way, nor is it fair to the people around them. Jane should also tell Matt that his behavior is in the range of harrassment. There are different levels of harrassment, but she could check out her state website for legal advice. She could also do a websearch for the laws of her state and see what laws and statues apply to her case. She should also report to the local police the harrassment and the types of harrassment, that way she will have the police reports should Matt try anything in the manner of hurting her again. It does not always go to the things he says, but the way he says them, and that she feels threatened.
1 person likes this
@talithe (38)
• United States
24 Mar 09
Thank you very much for the helpful advice and information. You made a good point, saying that it is not fair for not only someone to live in fear, but also to those around them. I've seen friends withdraw in fear and isolate themselves from loved ones, destroying beautiful relationships.
I made notes from what you wrote and I will look into each and every one of them to find more information. :)
@hustonphotography (569)
• United States
24 Mar 09
This guy sounds scarey. I think she should at least try to get a restraining order. Tell her to keep all his messages and proof that he has been stalking her. Also tell her to get letters supporting this fact.
My husband had an ex-girlfriend that was crazy. She was stlaking us. She still watches my online activity to this day. We changed our emails and our online user names. We changed our phone numbers. We even moved. My husband changed jobs. I am in the miltary so it was not possible. We changed friends. We had to change our life to get away from her. In time she tracked my online activities down but I think changing everything helped. It sucks to have to do it but if you really wan this to stop it might be an option.
Anyway. It is very important to save everything like I and my husband did. This way you have a strong case for court. I would try to file the restraining order after gathering eveidence. Then I would let the court decide. Somtimes Justice does work. If not then I would wait till the next incident call the police then file again.
@royal52gens (5488)
• United States
24 Mar 09
Most lawyers will give you a half-hour of free consultation. Jane should talk to a lawyer to find out what she can and can not do in her State to protect herself. It may not be too late to get a restraining order. There is a pattern of stalking and the stalking has now become long term.
Also, Jane should make sure she is never alone. She should always have a friend with her. The more people Jane tells about the situation the better. The more people who know to keep an eye open for her will be helpful. She should also carry her cell phone with her at all times. It would be wise to move to another area. She might want to consider changing jobs also. Make sure the people she works with are aware of the situation.
1 person likes this
@talithe (38)
• United States
24 Mar 09
Thank you for suggesting the free consultation. I never knew that some lawyers provide that service, and I think that would be most beneficial to speak to one. I agreed with everything you wrote, but I'm hesitant on how I feel about moving to another area. We can all agree that people should not have to live in fear, and that is one thing, but moving to another area is not a small step to make. It's a beautiful option, to live reassuringly in peace, but that will definitely take some time and money to put in the works.
Thank you for the advice. :)
@rebelmel (1386)
• United States
24 Mar 09
I think that you can get a restraining order at any time. I suggest to your friend that she make a trip to the police station and have a little chat with them. Stalking is illegal now, so she shouldn't just ignore what he has been doing to her. He is stalking her, and making her scared, and I would say that is an immediate threat.
1 person likes this
@shellyjaneo (1081)
• United Kingdom
29 Dec 15
It is still harassment can you not get a restraining order for that reason, if someone was hassling you everyday declaring their love for you it is still harassment. I don't know what the laws are in the US but I am sure it would be totally reasonable to get a restraining order. I am sure they can do it x
@JLHolley (128)
• Visalia, California
9 Jan 20
In california u have 2 yrs to report and file domestic charges and restraining orders