Legal Question in Criminal Law in Virginia

I live in VA and I wanted to file a restraining order on someone, but I do not know if i have enough evidence. Also, I wanted to know if I could retrieve text message history conversations from my phone company. The person who I am trying to file the protection order against had sent me many threatening messages to harm me and people close to me in the past few months, but the person had not talked to me for about a month and I thought it was done and over with, so I erased them. The person is not sending me any threatening messages to put me or anyone in harm anymore, but the person did send me texts of wanting to "amend" the relationship and be friends, but I did not respond. Then I receive phone calls from the person, but did not pick up. So I keep receiving these annoying irritable text messages and I wanted it to stop, so I text back making up a lie saying that the person whom he is texting no longer uses the number and is someone else. His response was obvious he knew it was not true and used with laughter and vulgar language including MY NAME stating that we will be seeing each other soon. I DO NOT WANT TO ENCOUNTER THIS PERSON FOR I FEAR MY LIFE COULD BE IN DANGER. The person did bluff a lot, but attempted to hurt my family and myself in the past. The person had entered my home with out any consent from myself or my family. Also, he had come to my work multiple of times when I specifically told him not too and I have witnesses, which are the people whom I work with. He had called me at my work phone over and over again at times as well. He had been physcial as well in the past, but I never did anything about it, I know now is probably too late to bring that up which happened couple of months ago. I wanted to know what are my chances of this being a long term restraining order because I'm afraid if I do this the person might come after me when the order is expired.


Asked on 2/01/11, 9:41 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If the harassment has now essentially ceased, I would advise forgetting about the civil protection order, but would recommend that you report the matter in full to your telephone service provider and request an investigation.

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Answered on 2/02/11, 8:31 am


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