Can I get a restraining order against my ex-husband for contacting me?

Full question:

Can I file a restraining order on my ex-husband of over two years for calling me and text messaging me? I've asked him several times in the past to leave me alone unless it involves an emergency with our teenage children which he has custody. He is causing me alot of stress. What can I do?

  • Category: Criminal
  • Subcategory: Harassment
  • Date:
  • State: Illinois

Answer:

You may be able to file a restraining order if your ex-husband's calls and texts constitute harassment or threats. However, if he is contacting you regarding your children or is not being harassing, it may not be grounds for a restraining order. As the mother and former wife, and he the father and former husband, communication is often necessary for co-parenting, especially for the benefit of your children. Not communicating could even affect custody arrangements. If he is being disrespectful, consider discussing your concerns with him directly.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do restraining orders cover phone calls?

Yes, restraining orders can cover phone calls if they are deemed harassing or threatening. If the calls cause you distress or fear for your safety, you may have grounds to include them in your restraining order request. However, if the calls are related to co-parenting and are not threatening, it may not qualify for a restraining order.

Can I put a restraining order on my boyfriend's ex?

Yes, you can seek a restraining order against your boyfriend's ex if their behavior is threatening or harassing. You will need to demonstrate that their actions cause you fear or distress. The specifics can vary by state, so it's important to consult local laws and possibly seek legal advice.

What's the difference between ex parte and restraining order?

An ex parte order is a temporary restraining order granted without the other party present, often in emergencies. A restraining order, on the other hand, is typically issued after a hearing where both parties can present their case. Ex parte orders are usually short-term until a full hearing can be held.

Can I get a restraining order for texting my ex?

Yes, you can seek a restraining order if your ex's texts are harassing or threatening. If the messages cause you significant distress or fear, you may have grounds to file. However, if the texts are related to co-parenting and not threatening, it may not qualify for a restraining order.

Can you file a restraining order for text messages?

Yes, you can file a restraining order based on text messages if they are threatening or harassing. To support your case, keep records of the messages and any evidence of distress they caused you. The nature of the texts is crucial in determining if a restraining order is appropriate.

Should I get a restraining order on my ex?

Whether to get a restraining order against your ex depends on their behavior. If they are harassing or threatening you, a restraining order may be necessary for your safety. However, if they are contacting you regarding co-parenting and not causing distress, it may not be warranted. Consider your situation carefully.

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