QUESTION
Do I have grounds to file a restraining order or a harassment order?
Asked on Jun 13th, 2011 on Criminal Law - Colorado
More details to this question:
My wife and I are currently getting divorced. During the months leading up to the final dissolution date my ex-wife's boyfriend continued to text message me and call me. During the phone calls he specifically says things that were meant to annoy me, and provoke anger from me. He says things like your wife doesn't want you any more. He told me that I was going to owe her lots of money and that I was a terrible father. He continues to tell me to "bring it on" and says that he will beat me up. I have told him to leave me alone several times and to quit contacting me, as he has nothing to do with my divorce, or my child. I have records of text message and phone call dates and times to prove I asked him to stop. Do I have grounds to file a restraining order or a harassment order against him?
1 ANSWER
For a customary restraining order, any threat of physical violence has to be imminent, in other words, the person must have the ability to carry it out right then. If your divorce is still pending, I would bring the matter to the attention of the divorce judge and ask if he/she would issue an order. The harassing phone calls sound like criminal harassment. If the divorce judge doesn't do anything, I would suggest calling the police. If they file a charge, a restraining order as a part of the charge is automatic.
Answered on Jun 16th, 2011 at 10:03 AM