Protection Question


#1

If you are unable to secure a protective order against someone, is there a way to request the abuser stay away from you? For example, a letter from an attorney. Also, can you request a restraining order when you have an active one against you?


#2

You can have your attorney send a letter to an abuser demanding that he/she stay away from you, but there are no legal implications to this and it would not be binding on the abuser.

You can request a protective order when you have an active one against you.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you,

I will seek my legal alternatives and consult with an attorney.

Thank you


#4

I am still having problems regarding this guy. I’ve already had to resign a job because he kept coming to and calling my job. This is getting outrageous and extreme behavior on a part of a man whom I dated over 6 years ago and have not spent any time with since 2013. I’ve contacted the police who say that I need to try again for a restraining order. help


#5

You can file for a domestic violence protective order (i.e. restraining order) if this man has attempted to cause or intentionally caused bodily injury to you, placed you in fear of imminent serious bodily injury, or placed you in fear of continued harassment that rises to such a level so as to inflict substantial emotional distress.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

I believe there was an attempt. I am in constant fear of my safety. I’ve tried to get a restraining order but because of who he is, a federal law enforcement officer, I cannot get any help.


#7

If you can prove one of the three things required for a domestic violence protective order, you will be granted the order regardless.

Take a look at our Domestic Violence Resource Center to point you in the right direction for obtaining help as a the victim of domestic violence.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

thank you. okay I will review this.


#9

Can you initiate a lawsuit without violating a restraining order?

Cecelia W.


#10

Yes, but the lawsuit would need to be served by a sheriff’s deputy rather than certified mail or process server.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.