Threat of violence is an appropriate ground for the granting of a restraining order. How narrowly the court views the credibility of the threat and whether your statements constitute a threat depends on the particular judge who is hearing your case, as well as the context of the threat and other facts of your case. As the collateral effects of a restraining order can implicate important rights (ability to get a job, possess a firearm, etc.), and you only get one shot at defending against the granting of a permanent restraining order which could negatively impact the rest of your life, I recommend that you retain an experienced attorney ASAP. If you need a brief continuance in order to hire an attorney, the court would typically grant your request for a continuance, but leave the temporary restraining order in place pending the hearing.
This information is general and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Reasonable belief of imminent harm is a basis for a TRO. The problem is that this was 8 months ago, if i understood you correctly. If your ex continues to make threatening emails, texts, phone calls, messages, etc, i would suggest a TRO. Otherwise, you may be wise to save your resources to hire competent legal counsel to help you in the divorce proceedings. We are located in San Diego, feel free to contact us for a free consult.
This answer does not create an attorney-client relationship between Jassim & Associates or any of its attorneys. We are not your attorney unless we both sign a written contract that describes our relationship and terms, the scope of our representation, and terms of payment for representation. Any information provided to you here should not be construed as legal advice, and an in detail review of the facts of your matter would likely affect any information provided. There could be deadlines to act in any case, after which your legal rights could be lost forever. You should contact an attorney licensed in your state immediately to be sure your rights are protected.
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