Legal Question in Civil Rights Law in New York
harrasment
how do i file for a restraining order without evidence
Asked on 3/22/07, 12:55 pm
1 Answer from Attorneys
Anthony Colleluori
The Law Offices of Anthony J. Colleluori & Associates PLLC
Re: harrasment
You cannot file for a restraining order unless you have a witness (including yourself) to the behavior you are seeking to restrain. For example say someone left a letter for you filled with curses. You cannot restrain someone unless you have a witness who saw this person harrass you by leaving the letter.
On the other hand, say that someone has called you on the phone and told you he wants to hurt you. You can go to the police and file a charge and seek the restraining order on your own testimony. You do not need another witness or a tape of the conversation.
Good luck.
Answered on 3/28/07, 8:32 pm