My ex filed an ex parte restraining order on me. Before the hearing her attorney suggested dismissing the order (with prejudice) in exchange for a mutual civil no contact order ( he knew I had hard evidence that prove her allegations are false). I accepted the settlment and the order was dismissed with prejudice. Few days ago she called me, she did sound drunk and threatened to kill me. I have proof that she called (phone log) but unfortunately I didn't record the call.
The question is; can I file a restraining order on her considering that we have an active civil no contact order? I know I can report her for contempt of the court. But what about the restraining order. She is unstable and I'm really worried ahe will try to harm me
Without seeing your papers and analyzing them carefully, I would think you can, provided that the new incident satisfies all elements of FAPA law. Expect a motion to dismiss and be prepared to defend it. If you cannot handle this yourself, then consult an experienced lawyer.
Normally anyone threatened can file for a restraining order, even if there is already one against you by the other person. In fact, it is not uncommon to have competing restraining order applications filed and even granted. But you do need to be careful not to breach whatever the terms of the civil no contact agreement are.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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