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

Asked about 2 years ago - 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)

  1. 3

    Lawyers agree

    8

    Answered . 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... more
  2. Answered . You need evidence.



    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  3. Answered . 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... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Restraining order and criminal defense

A restraining order is a court order that requires you to do, or refrain from doing, certain actions. It is often used in stalking or domestic violence cases.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

33,127 answers this week

3,686 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,127 answers this week

3,686 attorneys answering