Legal Question in Criminal Law in Texas

is a restraining order right for me?

I feel threatened by my fiance's ex-wife. She has never made a threatening comment to me but based on his past with her, I feel that she would do something given the chance. She calls here at night repeatedly, lets it ring once, then calls back five minutes later. Every 30 minutes or so she repeats this behavior. I contacted my phone service and they said I can't get an itemized bill unless the courts order one. Changing the number won't help because their son lives with us and we don't want to prevent him from being able to talk to his mother. What would be the best thing to do in a situation like this?


Asked on 2/27/07, 9:37 pm

2 Answers from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: is a restraining order right for me?

A restraining order is only possible as an adjunct to an existing law suit. You don't qualify for a protective order because you are not related to your fiancee's ex-wife (or in a dating relationship with her). If she were to actually threaten physical harm, you may then contact the police and complain of a terroristic threat. The unfortunate truth is that there is not really much you can do. Keep a log of each untoward event so that you have some ammunition for possible civil or criminal litigation. Good luck.

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Answered on 2/27/07, 11:46 pm
TC Langford Langford Law Office

Re: is a restraining order right for me?

I agree with Mr. Palomino, and want to add one other thought. If your fiance's divorce decree contains language regarding enjoining harrassing telephone calls, and the caller id reflects the calls coming from her, then he could file an enforcement against her.

It may just stir the pot more, tho --when maybe all she needs is time to adjust to the fact that he has a fiance and their child.

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Answered on 2/28/07, 6:25 am


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