I need to file a restraining order against a neighbor that has tried to hit me with her car while I was standing in my own driveway (I have it on video). The cops were called and shown the video rendering an "agg. assault" offense on her record but I can't file charges since she didn't actually hit me. Yesterday the cops came to her house again for her loose pitbulls on our street. While standing in my driveway, as she was walking up to the cop car, she yelled at me calling me two curse words in front of the cops. She has said that she will shoot me. After being transferred 5 times at the county courthouse and no one helping me, what do I need to do to file this order? I keep getting transferred to family law and that is not applicable?
Getting a restraining order to have your neighbor be ordered not to threaten you or curse at you will be expensive and isn't likely to do any good. Call the cops when she gets out of line.
Criminal Defense Attorney
A threat to shoot you is a terroristic threat and she can be charged with it. Next time she does ANYTHING - threaten you physically or verbally, touch you, come on your property - anything - call the police. Keep calling the police until charges result.
A restraining order is not much help. It just requires the payment of money by the restrained party, which can be taken if the order is violated. You get these through the justice of the peace courts in Houston. You may be thinking of a protective order, but you do not yet qualify for one. You must be the victim of an assault. If this does happen, the prosecutors' office will handle the protective order for you.
If you have a video camera, record her actions. If she calls you on the phone or texts you, save the messages.