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What are the legal requirements for a restraining order?

I noticed my ex husband's car nearing the house to pick up our daughter for school, so I put her coat on and her backpack so I could send her out the door, but instead of pulling in front of the house, he drove around the corner and into the alley behind my house to check out my backyard and garage. He's a jerk and a control freak who's always been in my business, but I prayed once the divorce was final he'd stop. I've caught him going through my trash and recycling, looking in my windows. I have allowed him to pick her up and drive her to school so they'd have that time together, but now I am rethinking whether it was a wise decision. I don't want our daughter affected, but I also don't want her dad in my business for the rest of my life. We're divorced for good reason! Can he be legally prevented from this or does he have to threaten me before I can do anything?

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Asked by wishbearmom at 5:23 PM on Nov. 17, 2010 in Relationships

Level 16 (2,882 Credits)
Answers (8)
  • Depends on where you live.

    You can most likely find the information you need at your local/county courthouse's website.

    Answer by pixie_trix at 5:26 PM on Nov. 17, 2010

  • If your in imminent danger or he poses a threat to you, they will grant a restraining order, temporary first then a hearing to extend it to 1, 3, or 5 years.


    Answer by bjojola at 5:27 PM on Nov. 17, 2010

  • you dont have to get a temporary first, you can get it straight on for one year, at least thats how it works here in Oregon

    Answer by meagan678 at 5:33 PM on Nov. 17, 2010

  • I use to work in domestic violence and help women fill out protection orders. He has to have made a threat or hurt you in the past in order for a court to issue a restraining order.

    Answer by JessWulf84 at 5:39 PM on Nov. 17, 2010

  • Restraining orders can be issued for a number of reasons, if he is behaving in a way that is intrusive (peering in windows, going through trash, etc. can be seen as such, so long as you have witnesses to these events), or is stalking you, or even trespassing- you can get a restraining order.
    An order of protection is something entirely different, and is much harder to obtain. *most* divorce settlements include some form of a restraining order, preventing one from harassing the other. I would re-read my divorce decree were I you, and I would contact your local county sheriff to inquire about the grounds for issuance of a restraining order in your state/co.

    Answer by ObbyDobbie at 5:51 PM on Nov. 17, 2010

  • It depends on your local laws, but if he is harrassing you, they will most likely grant a no contact order. Go to the courthouse and ask the county clerk.

    Answer by mommymeof3 at 6:14 PM on Nov. 17, 2010

  • You'd have to check your local laws. In many states going through garbage isn't against the law. Just call the police and ask what you can do

    Answer by admckenzie at 7:14 PM on Nov. 17, 2010

  • I used to work as a legal advocate for victims of domestic violence and in that state the petitioner had to say they were scared. When the judge said "why do you want a protective or restraining order" we instructed our clients to say "I am scared". Call your local family/womens' service organization for specifics where you live.

    Answer by BluDog at 8:01 PM on Nov. 18, 2010

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