Question:

Can I File For a Restraining Order?

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My ex-boyfriend beat and raped me two years ago. The police came and filed a report of what happened. The ex made threats against me, saying he would kill me [eventually, after having given birth to a child, who happened to have been conceived from said rape, he extended the threat to her as well]. The police took him away and told him he was not to go near me. He was never charged with the beating or the rape because he claimed he was crazy and suicidal. He got away with only a brief stay in the mental ward before being released to his dad, which I find pretty lame and unjust.

Two days ago, while on patrol in the mall (I'm a security officer), I noticed some graffiti in the corridor. Upon closer look, it was his handwriting. It was just his name, but it was enough to make me feel uncomfortable. Yesterday, it got worse. It was close to time for me to clock out and go home. I needed to stop by the restroom first. So I went to the restrooms by the food court and there he was standing outside the restrooms. He looked right at me and said hi to me and moved toward me. I ducked into the restroom and called for assistance. My supervisor came out and escorted me to the office to clock out and then walked me to my car.

With him here, I feel unsafe at my work place and feel that a restraining order is necessary, however, I'm not sure if one would be issued for me since he did not actually touch me this time. He has made threats against me in the past and has contacted me and my family several times against the orders of the police. I'm worried for not only my personal safety, but that of my family as well.

Do you think that if I went to the Sheriff Office that they would allow me to issue a protective restraining order against him?

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4 ANSWERS


  1. How about you sue the **** out of this dirt bag? He RAPED YOU and now you have his child. This man needs to be put away for 25 minimum!


  2. In any country which allows such I'm sure in this case of which I have read would allow a restraint order (against atleast you - not sure about the child, but since threats on her life have been made can't see why not) .

    I urge you to get one, for the sake of your happiness and protection of your child.

    Best wishes.

  3. Before you can file a restraining order you must have a lawyer to do that for you, and before the judge grant you a restraining order he must find a probable cause or prima facie evidence that you are under threat as of these writing. Your lawyer must be a good one to convince the judge to grant you one, otherwise you got no case to prove.

    Since you stated that he didn't touch you or laid a hand to hurt you. In the past yes he probably did but since you are asking for a restraining order now you must prove the whole thing is real not a hallucination or just a nightmare from the past.

    And since your assault was 2 years ago, you should have charge him during those times. You cannot link the past to the present. If you would pursue to sue him now you, in my own opinion you got no case. But if your lawyer is pretty good you might get a case against him, you have to convene with your lawyer concerning these one.  

  4. If everything you said was true, I'm stunned by the lack of police activity in this scenario already.  It takes a judge to issue a restraining order, if he's nuts he won't honor it anyway, but at least it is a starting point.  Contact the clerk of court and ask her what the procedure is to get a RO issued.

    Get a gun, learn to shoot it, and carry it with you all the time.

    And yes, you still have time to sue him no matter what state you're in, go to a good civil attorney and see what they can do for you.

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