Lastly, G. She stated that the messages kept her awake and made her feel sick. The trial court judge granted M. The judge looked to N. A predicate act is a former crime or wrongdoing similar to the one being alleged.
The judge found that G. This sounds harsh. But I promise it is said in a spirit of tough love. It will result in either a new charge or contempt of court usually a new criminal charge. What about when you have a pending criminal case already? Well, that sweet deal your attorney almost had worked out for you is likely gone. It is much harder for your attorney to get you a great disposition on a case when there are now two cases instead of just one. Anyone that has practiced in Criminal Law for long has a certain understanding of how this can happen.
And if law enforcement or the District Attorney finds out about it, a new charge as well. Often such instances arise from the opposite situation. This means you have to get a copy of the court papers you filed to the person you want restrained. Normally, you would get a sheriff's deputy to deliver the papers to the person at her home or place of work.
If it's someone you've had a previous relationship with, you likely know a few places where she might be found. But there may be times when you have no idea. It could be someone you met online, or someone you started texting through a dating app. In these cases, it can be tricky, and your state's law may not have caught up with technology. If you have any information at all about the person, give it to the police or to a sheriff's deputy.
They may be able to track down an address for the person if, for example, you can give them a phone number. You can also talk to a victim's advocate, who may have access to resources that can help you. If you can't serve the person by the date of the hearing, show up to the hearing anyway. Tell the judge the efforts you've made to have the person served. She'll give you some suggestions and may be able to postpone the hearing or provide you additional protections. Read More: Abuse of Restraining Orders.
Assuming you have managed to serve the person you want restrained, you still must show up in court for the hearing before the judge if you want your restraining order. If you don't show up to court, the judge will not issue the restraining order. Understand that the person you want restrained is likely to be there. He's also likely to make nasty comments towards you, or be threatening or menacing. Victim's advocates and attorneys volunteer to go to court with people who seek restraining orders for this very reason.
You are also free to bring friends and family with you for moral support.
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