Whar are the grounds for granting a restraining order?

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Whar are the grounds for granting a restraining order?

My ex-best friend of 16 years has ditched me to date my ex-fiance. He refused to speak to me and waved his relationship with my ex in my face. I threatened to “take him down” and “hurt him” on separate, very vague and highly emotional occasions. He threatened to have a restraining order placed against me. I have since recanted my statements if he would agree to not place a restraining order. Are these grounds for such action?

Asked on August 7, 2011 North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In the courts of this country dealing with "domestic dispute matters"  between couples where a restarining order is sought the restaringing order will be granted in situations where there appears to be a situation of immediate and harmful consequences if the request is not granted.

In typical situations where a restraining order is requested involving a husband wife, boyfriend girlfriend, or other personal situation the court determines whether the conduct complained about has no redeeming social value and the possibility of immediate danger or harm to the person complaining of the conduct. Examples would be harassing telephone calls or a stalking situation.

From your description of what happened between your former friend and yourself, a restraining order does not seem warranted.

Good luck.

 


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