Can Email and Phone Harassment Warrant a Restraining Order?
Sometimes, a former spouse can become obsessive and even dangerous. In those cases where actual physical violence occurs, it is possible to get a restraining order for protection. However, in today's modern world, these obsessed ex spouses are finding plenty of other ways to taunt and harass. Fresno divorce lawyers often work with clients who have been somehow abused by their ex. Attorneys are usually quick to recommend a protective order in most cases, and harassment does actually fall under this purview.
Those clients who have a close relationship with the perpetrator, meaning they are divorced, separated, dating, former partners, live together or used to live together, or are closely related can file for a restraining order. Your divorce attorney can help you to file for the order.
What Does the Order Do?
This type of order is from the court, and it determines what type of conduct the abuser is able to engage in with regards to the abused. Namely, it will remove the ability of the abuser to contact the victim. The first step is to get a temporary restraining order from the court. The court will then set a date and time for the parties to come to court and receive a permanent restraining order. These protective orders help to ensure the safety of the victim from physical and sexual assault, stalking, disturbing of the peace, and harassment.
Given the changes in technology, judges are now starting to add other elements to the protective orders. Namely, they can add that the abuser is not allowed to contact the victim on the phone or through email. Some abusers have used these alternate means of contact as a method of continuing to harass the victims.
It is good that the protective orders today can account for more types of harassment that are becoming common due to technology. The California Penal Code Section 653m (b) states: "Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor."
Don't Go It Alone
One of the mistakes that some people make is trying to deal with this type of harassment on their own. The abuser is not going to change, and the issues are only likely to escalate. You need to have the law intervene and show that you are serious. Talk with a Experienced family law attorney in Fresno, CA today about what you can do when it comes to harassment. The attorney can help you through all of the aspects of filing your paperwork for a restraining order and tell you what you need to do in the event that the abuser breaks that order.
Those clients who have a close relationship with the perpetrator, meaning they are divorced, separated, dating, former partners, live together or used to live together, or are closely related can file for a restraining order. Your divorce attorney can help you to file for the order.
What Does the Order Do?
This type of order is from the court, and it determines what type of conduct the abuser is able to engage in with regards to the abused. Namely, it will remove the ability of the abuser to contact the victim. The first step is to get a temporary restraining order from the court. The court will then set a date and time for the parties to come to court and receive a permanent restraining order. These protective orders help to ensure the safety of the victim from physical and sexual assault, stalking, disturbing of the peace, and harassment.
Given the changes in technology, judges are now starting to add other elements to the protective orders. Namely, they can add that the abuser is not allowed to contact the victim on the phone or through email. Some abusers have used these alternate means of contact as a method of continuing to harass the victims.
It is good that the protective orders today can account for more types of harassment that are becoming common due to technology. The California Penal Code Section 653m (b) states: "Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor."
Don't Go It Alone
One of the mistakes that some people make is trying to deal with this type of harassment on their own. The abuser is not going to change, and the issues are only likely to escalate. You need to have the law intervene and show that you are serious. Talk with a Experienced family law attorney in Fresno, CA today about what you can do when it comes to harassment. The attorney can help you through all of the aspects of filing your paperwork for a restraining order and tell you what you need to do in the event that the abuser breaks that order.
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