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Do you need proof of violence/stalking to get a restraining order?

Coloma, MI |

My son is divorcing his wife. She mentioned to him that she called the police dept about a restraining order. He is not bothering her and there has been no past violence. She calls and texts him constantly and is very angry and aggressive. She was caught in a relationship with someone else. It is worrying us that she may pull him into unnecessary drama to make him pay for her mistakes.

Attorney Answers 3

Posted

You need evidence.



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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

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Posted

I am sorry your son is going through this. The standard in MI for a restraining order is: Entering into premises, assault, attacking, beating, molesting, wounding, threatening to kill or physically injure a named individual; unlawful removal of children from the custodial adult; purchasing or possessing a firearm; interference with freedom; putting someone in
fear of physical harm; any other specific act/conduct imposing upon or interfering with personal liberty or causes a reasonable fear of violence. Your son is right in staying away and not engaging in any contact. I urge you to have your son contact a local attorney familiar with divorce law to discuss his options. Best of Luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Have your son contact a local attorney. If there are no children involved, there is no reason your son needs to come in contact with his wife. He should communicate with his wife in texts so that she can not claim he verbally threatened her. If he needs to come in contact with his ex have a third party present to be a witness. When he texts her, make sure it is not done in anger, and that it is businesslike and professional, because a Judge might be reading these communications if she attempts to file allegations of DV. These are serious charges, and he will need local counsel. I am sorry he has to go through this experience, but, unfortunately it is quite common in divorce situations.

** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (305) 654-4444.

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