Can I get a restraining order due to repeated texts and phone calls from my soon-to-be ex-husband even though they are not threatening?

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Can I get a restraining order due to repeated texts and phone calls from my soon-to-be ex-husband even though they are not threatening?

He has texted and called me several times begging me not to divorce. He has is taking his sweet time getting his stuff from my house and he always “seems to forget something”. I have to bluntly tell him to take his items and leave because he won’t stop harrassing me about why I am leaving. I finally blocked my number (after 3 weeks of this). I kicked him out because he has been verbally abusive and threw a glass at the wall and luckily missed my head. No witnesses and I didn’t call the cops he just took off. Can I get a restraining order?

Asked on June 21, 2012 under Family Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may or may not be able to get a restraining order depending on how long ago he was abusive and threw the glass at the wall-- that is a physcial trheat that would justify a restraining order or protective order.  Annoying text messages don't usually get you there.... but you could get temporary orders regarding the use of the house and unwanted contact.  However, if you are close to the end of your divorce, just try to get it finished.  In the long run, a final order gets you to where you want to be and it's cheaper than filing for temporary orders.


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