Legal Question in Civil Litigation in New York

Re: Restraining Order Question

Restraining order? or Order of protection?

It depends. An order of protection is typically used in the criminal law context and is used when somebody has done or threatened to do something criminal in nature. It's frequently used in harassment type cases. Unwanted phone calls may fall within conduct that is done with intent to harass or annoy and constitute a violation or misdemeanor.

A temporary restraining order is a civil remedy, usually done in a civil lawsuit and requested as part of a larger application or motion for a preliminary injunction to restrain somebody from doing something while the civil lawsuit is pending.

She would have to make either a criminal complaint or file a civil lawsuit in order to be entitled to request that type of relief.

However, that being said, if it's her phone number, and she personally doesn't want you calling, I think she could have the phone company block your calls.

If she complains to the police and they investigate, and the daugher refuses to make a complaint or cooperate, they will see the nature of the dispute and will probably be reluctant to get involved.