Restraining/Protection order?

[dwnrvr]

I'll try to keep this short.

I'm a college student and still live at home. My older brother moved back in a little over a year ago. We hadnt talked for years because of how nasty of a person he was in high school. But he apologized and I accepted it.

About 4-5 weeks into him living here again he basically went crazy and assaulted me pretty bad. He was on probation and knew if I called the police he was going to jail again. So I accepted another apology from him. Biggest mistake of my life.

Since then my life has been a living hell. Constant death threats, name calling, intimidation -- im leaving alot out to keep this short, but im afraid for my life.

The good news is my mom finally got him out of this house since he wouldnt stop, the bad news is he still wont stay away from me and leave me alone. I'm unemployed and trying to get my life back on track after this year of being walked on, plus I have classes starting up next month and just want him out of my life.

I dont know anything about restraining or protection orders, can anyone explain what I need to do? For some reason I feel like im just going to get laughed at but im seriously in need of direction or help.

 

[Kharma]

Go to radio-shack and by a digital recorder, they are like $50.00. Start to record any and all things coming out of him and say the date and time before you stop the recording. Get a few recordings and take it to your local police dep. and get them to file report for herrasing phone calls ext.. Get a copy of the report and take it to your local Magestrates office along with the recordings and they should put a restraining order on him. You might want to ask for a Stay away order too. Do not wait on anyone to do it for you, the police usually can't or just won't untill it is to late. Get the order from the Magestrate ASAP and the next time he calls record it and the police can pick him up for breaking the order as long as you have the recording to prove it.

Good Luck!!

 

[CdwJava]

Whether you are able to get a restraining order or not depends upon the laws in your unidentified state. Some states do not have a process by which to obtain civil harassment orders, others do.

To help bolster any claim you might have when/if you make such an application, you may have to start reporting any threats and assaults to the police. The lack of any reports could play against you if you go to a hearing and he comes across as articulate and reasonable. If he comes across as an inarticulate thug, no worries. But, if he comes across well you could be in trouble.

- Carl