I have searched the boards for information on this but couldn’t find anything.
My sister and I need to get an injunction or a restrainig order against our step-father.
He is an alcoholic with violent tendencies and although he has not actually hurt either of us yet this is not through his lack of trying.
He has had a personal vendetta against me for over a year now (even though I saved his life in May after he took an overdose) and speaks regularly to other people about how he is going to kill me. He also makes numerous threats to me over the phone when I try to call my mother and is constantly challenging me to a fight.
I am not stupid enough to face him as I have seen it take 6 police officers to bring him down before. I have never been involved in a fight so I do not know if I could handle myself. (FYI I’m male)
Basically I’ve now had enough. He has been after me again and again I managed to get away.
The main problem is that the police can’t arrest him for anything unless he actually attacks me and my mother won’t kick him out unless he actually attacks me. I’m very stressed that it seems I have to put myself in danger in order to get anything done about this feeble excuse of a man.
Finally to my questions:
What is the difference between an injunction and a restraining order?
What are the limits of each?
Which would be best for me?
How do I get one?
How enforcable are they? i.e. If he breaks the terms would he simply get arrested then let out to try again?
Ok. I’m guessing that these terms have the same meaning that they do in the states.
Here’s the deal:
A restraining order is a kind of injunction. Usually, at least over here, a restraining order is what they call it when you get an order against someone else to stay away. There are other technicalities that you don’t need to worry about.
The limits and requirements for a restraining order varies a lot between jurisdictions.
There are usually few limits. And you usually have to show that you are afraid of the person and that is likely that they can and will hurt you if there is no restraining order. They will be entitled to notice and a hearing.
Again enforceability is a bit of a wild card. The major variable? The police. If your local sheriff and police take these things seriously, they will enforce it. If not, well I wouldn’t wait around to find out.
The other major variable is ability to contact the police. They won’t provide you with a guard. So if you get cornered, there may not be time to contact them. A motivated person can do untold damage before the police have time to respond–if they are even called.
If he gets arrested, will he have the chance to try again? I’m sorry, but yes, he probably will. Heck even if he is convicted of violating the order, he’s not staying in jail indefinitely.
I would recommend that you contact your local court system. Many court systems in the US have pre-printed forms for restraining orders. Sometimes those are only for people who have lived with the person whom they seek to restrain. But it can’t hurt to ask.