Civil vs Domestic restraining order
Question: I am trying to figure out what is going on with a restraining order situation. This person is trying to file a restraining order on me apparently but I have not been served with any documentation yet. I am being harassed by a person I slept with once. I have not contacted this person at all. This person continues to harass my family and friends. They set things up to try to make it look like we are calling each other, but I was not calling that person. They are acting crazy and I don’t want to be contacted by them or have any dealings with that person at all.
How can I fight this restraining order and prove this person is sending us all these death threats and suspicious text. They have admitted in text and phone calls that they are not going to stop. So I really don’t understand how this person can get a Restraining order against me when I am not contacting or want any dealings with them.
Answer: Sorry to hear that you are going through this. I understand how frustrating and stressful this can be.
Generally speaking, the difference between a civil harassment restraining order as opposed to a domestic violence restraining order is the relationship between the two parties involved. If there was a close relationship between the parties, then a domestic violence restraining order may be appropriate. This includes “used to date.” Where as a civil harassment restraining order is generally used if there is not a close relationship, such as neighbors (who are not related and never dated or had an intimate relationship). A domestic violence restraining order has a lower burden of proof than a civil harassment restraining order, meaning it is generally easier to get granted as opposed to the civil harassment restraining order. That being said, it does not mean that the Judge will automatically grant a permanent restraining order after a hearing.
Based on your description, it seems that you are the victim. It is possible for you to file for a restraining order as well, even if one is filed against you. At a hearing evidence is presented and the Judge then rules if the restraining order will get granted or denied.
Call me at 818-336-1384. I can represent you on the defense of a Restraining order (you would be the “respondent” on that case) as well as represent you for filing a restraining order against the other person (you would be the “petitioner” on that filing).
Philip Hache, Attorney