What Kind of Proof Is Needed to Get a Restraining Order?
Being stalked or harassed is frightening. This is especially true when you’re involved in a divorce and the harassment is a by-product of a family law matter. California law allows victims of civil harassment to seek relief through a restraining order. However, the plaintiff must have enough proof to justify the removal of some of the defendant’s freedoms.
Bring Proof of the Harassment
In cases where it’s one person’s word against another, a judge must decide whether a restraining order is appropriate. You can bolster your case by bringing proof of the harassment. For example, bring copies of threatening texts or emails that you received, or photographs of the defendant following you.
Typically, judges will want some sort of concrete or tangible evidence that harassment is actually occurring. You need to prove that a real danger to you and/or your loved ones exists and the harassing behavior continues.
Ensure Your Proof Is as Specific as Possible
When seeking a restraining order against someone who harassed you, be as specific as possible. Begin writing down dates, times, and details of instances of harassment. Don’t gloss over anything, even if it’s difficult. You want to provide as much information as you can to the judge. Ultimately, the judge will decide whether or not to issue a restraining order.
For example, you don’t want to simply accuse your ex-spouse of following you when you get off work. Instead, provide specific dates when this happened, how long you were followed, what vehicle they drove, what happened when you stopped to get out of the car, and any other important information you can think of. It’s always better to be too detailed than to skip over something that could be critical in obtaining the restraining order.
Contact the Law Office of Barbara E. McNamara
If you are harassed by an ex, a former friend, or even a stranger, you have legal recourse. However, you must prove that the harassment is occurring. Attorney McNamara is an experienced California civil harassment attorney and can help you gather information to secure a restraining order and end the harassment. Call today for a consultation at (714) 740-2542.
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