Ask The Lawyer By: Daniel A. Gwinn, Esq.
QUESTION: How do I get a protective order? My ex-roommate is harassing me with angry voice mail messages and emails and I feel threatened.
ANSWER: Protective orders are used to protect an individual, family, or entity from threats, assault, domestic violence, harassment, or stalking. The protective order, if granted by the court, may set limits on the distance an individual can be from the protected party, prevent electronic or physical contact, or bar an individual from the protected person’s property. Once granted, a failure to follow a protective order means the party violating the order is subject to contempt of court proceedings and possible criminal charges.
The process beings by filing court forms, which are available at the courthouse. Protective orders are usually only temporary. At some point, you will have to face the other party before the judge and explain why the protective order is necessary. The judge will then decide whether the other party is a threat. To prove your case, you will most likely need supporting documentation such as copies of threatening emails or letters, pictures showing damage to property, voice mail messages, or other evidence.
If you believe you need a protective order, or if you have been served with one alleging you have engaged in threatening conduct toward someone else, you should see a lawyer to prepare for the court hearing and to safeguard your person and property.
The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
ASK THE LAWYER
By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law
GWINN TAURIAINEN PLLC
901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
(248) 247-3310 facsimile
[email protected]
www.gwinntauriainenlaw.com
