Articles to Help

That was all that seemed to scare people 75 years ago. It was never enough just to be afraid of them, they had to actually get loose and do some damage. The two easiest elements that justify a restraining order are acts of violence or credible threats of violence, So the Lion had to get you and bite you before people filed for a Restraining Order. Now we see other reasons. Valid or not this is what is out there.

Life is short and the time with our children is even shorter. Your child does to have to come home from school after being bullied anymore. If the school or police refuse to do anything file a Restraining Order. But before you do, read on. I have seen a rise in school bullying but not in the sense that you would think as a parent. Our children are being exposed to things that we never dreamed of. 30 years ago the kids who had a beef with each other would settle it with a good mutual tumble behind the cafeteria with peers in tow. Once over, things were settled. Aggression was then addressed by allowing the kids to run around until the bell ran or a game of “Butts Up” during lunch hour but Covid and helicopter parents ended that fun. We could handle the lumps and bruises and carry on but kids today, and no fault of their own, are more sensitive. There was no social media to document in perpetuity a random fight in the hallway like there is today. The play-by-play documentation of anything interesting is immediately captured and often streamed live via social media. These kids have no idea what permanent damage they have done. You as a parent can protect your child not just from physical abuse such as getting punched in the face or threats of abuse by being chased home but also you can stop the relentless calls, text messages even social media abuse. A discussion of free speech can be mentioned later but for now I am going on your emotions while your blood currently boils through your veins. As a parent or guardian, you can file a restraining order on behalf of the child. A child can even file their own if 14 and older. When a parent or guardian filed, it is called a Guardian ad Litem. You are acting on behalf of the child. Coupled with a Petition for Guardian ad Litem you can get the protection via a court order.

Unless you are in the very slim percentage of people with restraining orders, you never want to see or have anything to do with the other person. Unfortunately, if you are the Respondent, you are not allowed to communicate or come near the Petitioner. This includes negotiating. It is arguable that offers in compromise is allowed between parties if one is not represented by counsel but I never advise to take the chance. An attorney has the authorNameity to contact the other party on your behalf to try and resolve the issues before and/or without a trial/hearing. The core of any agreement in this situation is there is typically a mutual stay away from each other and a mutual do not contact the other. The agreement can be verbal or written. A written agreement is best but should be drafted by a professional that is familiar with your case. The attorney contacting the other party on your behalf is able to take the emotion out of the case and present in a fashion the conveys the intent to resolve and end any conflict not encourage it. If the Petitioner does not have an attorney that person can still sign off on anything agreed upon as long as they have been given ample notice and time to have it reviewed. If the opposing side has an attorney then that has often been the most likely scenario to result in a pre-trial resolution but again that takes a certain finesse that an experienced attorney will have. Again, you want this over sooner than later, an attorney can not only help explain the process but act on your behalf to help resolve things faster.