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.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.