Q: Should one wait until the offender is released from prison before filing a protection order or should they be proactive
And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available?
A: You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to invest in the time of an attorney to review the full facts that you have not statted here. There is no doubt much to explain that would help better move this matter forward to you. This forum is no substitute for hiring your own lawyer.
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