Legal Question in Criminal Law in Virginia

Need help in VA

Is it possible in any way in Virginia to get a restraining order against someone that isn't a family member and was never in any way in a romantic relationship with me? Or to press charges for harassment for threats sent through texts?


Asked on 12/28/08, 12:52 am

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Need help in VA

Its possible, but you might consider getting an attorney to help you with all this, rather than trying to do it yourself. Good luck.

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Answered on 12/28/08, 9:01 am
Jonathon Moseley Moseley & Associates Law Firm

Re: Need help in VA

A restraining order is not limited to only family members or romantic relationships. However, I am doubtful that text messages will be enough to qualify for a restraining order. While a restraining order is available in any situation where someone is being threateened, it should nto be entered into lightly. It is a serious thing. I also am not a huge fan of restraining orders, because they are only a piece of paper. If someone is truly dangerous, they will not be stopped by a piece of paper. It is possible that a R.O. could sober someone up, but it also has the potential to make a person think they have been misunderstood and make them mad. So I would not use a R.O. as a substitute for communication -- even if you have to send someone else communicate with the person for you.

That said, if you TRULY are being threatened and there is a real danger, a judge WILL issue a R.O. against anyone who presents a threat, and would much rather do that than hear about an act of violence after the fact.

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Answered on 12/28/08, 2:11 pm


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