Perris, CA asked in Criminal Law and Family Law for California

Q: Do I have grounds to get a temporary restraining order?

My daughters step mother is sending threatening text messages to me directly such as, “I know where you live” “let’s go b*” “One punch you’re gone” and other vulgar messages. It’s been going on for two days and I’m afraid she’ll act on it or hurt my daughter. I have all of the texts, but is it enough to get at least a temporary restraining order? I’m truly worried about our safety.

She mentions that I want her husband (daughters father), and references my genitals in various derogatory ways. She makes references to using my daughter to hurt me. There are threatening voice mail messages as well. This has all stemmed from infidelity in their relationship and she believes I orchestrated it, or at least that’s what I think she’s saying? The messages are nonsensical. I communicate w/Dad strictly through talking parents and meet only for exchange of daughter, nothing more. We have no other communication. She often angrily berates my daughter, but it has now shifted to physical threats.

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2 Lawyer Answers
Marco Antonio Torres
Marco Antonio Torres
PREMIUM
Answered
  • San Diego, CA
  • Licensed in California

A: You can make a very good case before to get a temporary restraining order.

The court focuses on whether there is a credible threat of violence that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family, and that serves no legitimate purpose.

“Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.  The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.

Have you contacted the police?

1 user found this answer helpful

Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Shingletown, CA
  • Licensed in California

A: While the below answer sets forth the law for you, as a practical matter your question does not make clear who stepmom is sending the texts to. If she is sending them to you, then, yes, you can probably get a restraining order granted. If she is sending them to your daughter, it depends on several factors that are unknown. You also could perhaps seek restraining orders to keep stepmom away from your daughter.

You really need to sit down with an attorney and discuss all the facts of the case to get some good advice with a complete examination of all the facts.

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