how hard is it to get a restraining order?

nelson979

Well-Known Member
this is for the officers on here like jrod and ed. i have an ex employee who owes me some money, and he will not return my phone calls for like a month, so as time went on my messages were meant more and more to piss him off and make him call me. nothing threatening or like that, the most threatening thing i said other than calling him a P**** was telling him if he did not return my phone calls i would come to see him at his new place of employment to talk to him. so he calls me up and denies that he owes me anything and threatens to get a restraining order agaisnt me. i have no experience with this type of stuff so im curious is that grounds to get a restraining order? as far as him owing me im trying to get it taken care of without any legal action, but if it comes to that i guess ill have to go down that road.
 

Ziggy

Well-Known Member
this is for the officers on here like jrod and ed. i have an ex employee who owes me some money, and he will not return my phone calls for like a month, so as time went on my messages were meant more and more to piss him off and make him call me. nothing threatening or like that, the most threatening thing i said other than calling him a P**** was telling him if he did not return my phone calls i would come to see him at his new place of employment to talk to him. so he calls me up and denies that he owes me anything and threatens to get a restraining order agaisnt me. i have no experience with this type of stuff so im curious is that grounds to get a restraining order? as far as him owing me im trying to get it taken care of without any legal action, but if it comes to that i guess ill have to go down that road.
It does not take much.Even if there is a perceived threat then thats enough.Telling him that you will come to his new place of employment would be plenty for most judges.
Legal action is your best recourse.Page 39 section A, Paragraph 2 in my employee hand book outlines for my employees that I am not a bank and do not give loans to them.I will write them up even if they ask.Sounds harsh I know but I also loaned money to employees and then was included in bankrupcties and it makes the work place very tense. I decided one day that more discipline from me was needed.I have never looked back.
Not a lecture just my experience.
Good luck.
 

JEFFRPM

Non Sugar Coated
Hide your guns and ammo some places are real serious about this especially if the person getting the protective order says ANYTHING about your guns. On a further note if you have any documentation on said loan sue the bastage let the lawyer have everything he can get out of him you sit back and watch the show.:cool:
 

nelson979

Well-Known Member
i dont have any guns or anything to hide so that i dont worry about but one of my customers yesterday told me it is quite difficult to get a restraining order, so im just curious. i would hope that it would never have to go to court because i know he would crack, but just trying to get my ducks in a row so when i tell him he is about to get sued i can back it up
 

troyharper

DA Meatball
If theres a threat to property or persons an "ro" can be had. You will also have time after being served to contest it.
You really dont want 1 on your record!
 

DSRacing

Mini Metal MOD
Getting a TRO is much easier to get then it has been in the past. All he has to do is fill out a form documenting his perception why you are a threat. As mentioned before by Ziggy, If you told him you were going to his new place of employment and with the constant telephone calls, then you have set yourself up for a possible restraining order to be issued.

If he owes you money, do it the right way and take him to court. Obviously the constant phone calls aren't working, don't have any contact with him except through an attorney or the courts.
 

Dave_G

Well-Known Member
What DSRacing said... you don't want a restraining order against you.
 

JENN

"Pinky Poodle"
Even better all he has to do is tell his employer that you were threatening him and it's the employers job to keep their employees safe... Soooo the employer could implement one against you .. We do them all the time where I work for employers.

The TRO (Temporary Restraining Order) is much easier to get than the actual RO ... but either way you don't want that against you. When people search your name in the legal database that will come up.....

Why dontcha go about collecting this unpaid debt in a professional way? I only know the CA laws on this so you would need to do some research for small claims actions.... If it's small claims (under x amount of dollars) you wont even need an attorney .. Just follow the guidelines and you can do it yourself... It's time consuming, and will take a couple afternoons in court, etc. but you'll at least get a judgment against him (if you are the prevailing party) and the judgment would need to be paid before he applies to purchase anything on credit, loans, etc.....
 

Let's go off roading

Well-Known Member
It is very easy to get a restraining order.

My advise to you is to quit calling him and leaving messages on his answering machine. He can use that against you.

Take him to small claims court.
 

E&S Racing

F.A.I.T.H.
Yeah it's pretty simple to do. I say go the route of small claims court and have your ducks in a row. I would also stop calling him too. Sometimes it just makes things dirtier then they need to be. Good luck.
 

e_lunatic

Well-Known Member
it wasnt easy for me to get one. i had a crazy girl who lived next door to me who became a little obsessed after we messed around a bit. i went to get one through Riverside County and they give you a paper to fill out and there was a lot of info I didnt know about her they said they needed (birthday, phone number, ect). they said they couldnt file the paperwork without ALL the info so i just ended up having to call the Sheriff and he called the girl and told her to never contact me (which she did) and the whole thing eventually went away.

at least i riverside county, it wasnt easy for me to get one even after some guy she hung out with threatened me a bunch of times.
 

JRod

fast-aid.org
this is for the officers on here like jrod and ed. i have an ex employee who owes me some money, and he will not return my phone calls for like a month, so as time went on my messages were meant more and more to piss him off and make him call me. nothing threatening or like that, the most threatening thing i said other than calling him a P**** was telling him if he did not return my phone calls i would come to see him at his new place of employment to talk to him. so he calls me up and denies that he owes me anything and threatens to get a restraining order agaisnt me. i have no experience with this type of stuff so im curious is that grounds to get a restraining order? as far as him owing me im trying to get it taken care of without any legal action, but if it comes to that i guess ill have to go down that road.
i dont have any guns or anything to hide so that i dont worry about but one of my customers yesterday told me it is quite difficult to get a restraining order, so im just curious. i would hope that it would never have to go to court because i know he would crack, but just trying to get my ducks in a row so when i tell him he is about to get sued i can back it up
Just saw this thread - Don't know if there are any updates, but here are my .02....

Here in AZ, it seems like most courts hand these things out like candy..... and even though you are sworn in regarding what you put on these affadavits and the judge may ask you questions under oath, we all know what that means (or doesn't mean) to some people.

Trust me, and the others that have said the same thing, BE PROACTIVE. If it is a small enough amount, file it in small claims court so the paperwork is already on your side if/when he tries to say your harassing him.

In Arizona, since it is not a domestic relationship, he would be getting an Injunction against Harassment and if you were served, you would have 10 days (I think) to request a hearing with the court to contest it. How much better would it be to walk in with court paperwork preemptively showing that it is not harassment, it is a legal effort to collect a debt owed to you? Trust me - Most people don't realize this can be a big game and it's the ones that are constantly playing it that win - whether they are right or wrong. Don't get caught being naive or being nice if he is already throwing threats like that around.

This free advice is just that - free advice - so take it for what it's worth..... LOL!
 
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