If you want to get a protection order against someone in another county .How do you do that? Do you do it in the county you live in or the county he lives in? And can he contest it and still come to your work , house exc.?
It appears you do it in your county, it's effective statewide, once the judge signs off, take a copy to the sheriff in his county to be served.
ty ,I put that in my favorites . It dosen't say if you didn't call the police and report the incident and waited to the next day would that make it not available for a protection order?
I would call the clerk of court. They may be able to arrange for you to meet with a magistrate to get your questions answered before you even file. They won't be able to give you legal advise, only procedural information. Hope whatever is going on works out for you...
You can get a 10-day protective order by going to see the magistrate in the county you live in. For ten days, that person cannot come near you. You keep a copy of it on your person at all times. On the 11th day, you go to court to see if a judge will continue the order for a period of one year. That's when the other person has a chance to rebute.
You can go see the Johnston County Magistrate anytime. She/ He is located under the courthouse near the jail entrance if you need someone not during regular hours.
Overall definition of stalking (California reference, but I'd expect it would be the same most places): http://www-admn.csun.edu/police/crime/stalking.htm Also, a 'be aware of this, too'... There was a story on the Today show this morning about cell phone stalking...I know someone who did that (GPS tracked his wife's phone so he could get evidence for the divorce court) but this went WAY farther than that...these people have video/picture phones and 'someone' is controlling the phones remotely, and harrassing and monitoring them. Apparently the Government has been doing this a while, so the technology is available. Here's the newspaper account: http://www.thenewstribune.com/news/crime/story/91460.html "Somehow, the callers have gained control of the family cell phones, Price and Kuykendall say. Messages received by the sisters include snatches of conversation overheard on cell-phone mikes, replayed and transmitted via voice mail. Phone records show many of the messages coming from Courtney’s phone, even when she’s not using it – even when it’s turned off...Cell phone technology allows remote monitoring of calls, according to the U.S. Department of Commerce. Known as a “roving bug,” it works whether a phone is on or off. FBI agents tracking organized crime have used it to monitor meetings among mobsters. Global positioning systems, installed in many cell phones, also make it possible to pinpoint a phone’s location within a few feet. According to James M. Atkinson, a Massachusetts-based expert in counterintelligence who has advised the U.S. Congress on security issues, it’s not that hard to take remote control of a wireless phone. “You do not have to have a strong technical background for someone to do this,” he said Tuesday. “They probably have a technically gifted kid who probably is in their neighborhood.” This family has taped over the camera of the phone, but the audio is still remotely accessible... I googled 'cell phone stalking' and it was interesting reading...
I went and got a 10 day temp . order I have to go back . He maybe able to contest it but doubtful is what I was told since I have evidence such as emergency room vistits in the past and some witnesses so they said he also has a prior with his exwife ( I didn't know about) So its gonna be hard for him to argue the order although he has already emailed me today saying he was going to.Which is something he isn't suppose to do. ( it says no contact by phone comp. in person ) But I'm headed to Carolina Beach about 9 oclock tonight , I am going to have fun and forget all about this for a couple days.
The judge will be listening to also determine whether or not the person has ever lived with you or your immediate family. If you have lived together then you need to bring this to the judge's attention. The law does not state how many years it has been since you lived together. According to the law it does not matter if it has been 1 day or twenty years since you lived together, the fact is that you once lived together. Ask to speak with the county's domestic advocate. The county advocate is also the same lady that is usually present to help people fill out the protective orders.
Is this the same guy you spoke of in another thread? The one with "some good qualities" that you were having trouble leaving? Sounds like you finally made the right decision. Good luck and don't turn back.
