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If you threaten someone electronically (email), do the judges automatically grant restraining orders on permanent basis to that

Pasadena, CA |

person during the hearing or not. What the judge would want to determine in that threat made by email to decide if a restraining order should be granted. What would be some of the factors that will be looked into, if the judge would look into it instead of automatically granting the orders because of the threat. Will it work like this: The judge reads the email, then asks the respondent if the email was written by him/her, and if the respondent says yes, the judge automatically grants the restraining order against the respondent because of the threat made electronically. Maybe I am making this seem too easy, so that's why I wanted to know what would determine if a permanent order should be granted.

Attorney Answers 3

  1. The judge will consider all information offered at the hearing i.e. testimony, emails, police reports etc. when deciding if a restraining order shall be issued. The judge is not just going to look at one thing and decide if the restraining order should be granted.

    You may want to consult with an attorney in your area to assist you with the restraining order regardless of which side you are on so your interests are protected.

    If you found this information helpful, please let the attorney know by marking the appropriate box. Thank you.

    This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

  2. It will depend on: 1. The threat( s); 2. The number of threats and 3. Any other relevant information about the relationship between the the parties. I 'm not sure if you also posted the other recent questions about restraining orders, but even if not, the one way to make sure that your life will be much easier in this situation to never have any contact with the person requesting the restraining order again, of any kind, ever.

  3. Retraining Orders (R.O.) are issued by the Court on a Temporary or Permanent basis. There are a host of factors the Court takes into consideration as some of my colleges mention; however, some of the notable ones are: the nature of the threat, severity of the threat, frequency of the threat, threat onto others, and most importantly the exigency of the threat. In other words, is this threat going to take place in the next 1-3 hours, or is it a broad open ended threat that can take place at any time. Because ROs restrict one's freedom, courts are reluctant to issue a RO on a permanent basis immediately. If anything, the Court will in the abundance of caution, and assuming there are facts to support danger, exigency, and harm, issue a temporary RO with a sunset date. If there is a pattern of frequency and escalation in the threats, perhaps those set of circumstances would lead to a permanent RO. These situations are fact intensive, so the more specific facts one has regarding the threat, in addition to the email, the more likely the Court will be able to understand the factors and weigh them appropriately to fashion a temporary or permanent remedy.

    This is general information, not legal advice, and does not create an attorney client relationship.

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