Third party harassment -- getting the police to respond when RO in place
Does your restraining order say something about how s/he is not supposed to contact you through “third parties” or “indirectly” or something else that shows s/he is not supposed to use other people to contact you or harass you? If so, s/he may be in violation of the order if s/he is using other people to contact you or harass you. A person may be able to report any violations of restraining orders to the police. If the police are not responding, a person may want to try some of the following:
1) See if the police department has a domestic violence task force. If so, a person may want to speak to a member of that task force to see if there’s any way the police department would be willing to enforce this part of the order.
2) If the police department says that they are not able to enforce this part of the order, a person may want to consider filing for contempt with the court that gave you your restraining order. In filing for contempt, a person would be asking a judge to say that the respondent has violated the order and to come up with some way to get the respondent to obey the order in the future. A person may be able to get the forms required to file for contempt from the clerk in the courthouse that issued the order. (Go here for courthouse contact info: [INSERT COURTHOUSE LINK]) A lawyer could also help with filing for contempt, and a domestic violence program may also be able to help (see below).
3) You may also want to contact a domestic violence program in your area. They may be able to help you think of ways to keep safe. Sometimes, they can refer you to lawyers or help you through legal processes themselves. For a domestic violence program near you, go here: [INSERT STATE AND LOCAL PROGRAMS PAGE].
If a restraining order doesn’t address the issue of third party harassment, a person may wish to consider asking a judge to add something to the order that says the respondent is not supposed to use other people to contact or harass the petitioner. To do this, a person would generally need to go back to the court that issued the restraining order to get it changed. The clerk of court, a lawyer, or a domestic violence program should be able to help a person ask a judge to change your order if this is what a person wishes to do.
You may also want to try contacting a lawyer, if you haven’t already. Oftentimes, in complicated cases, getting a lawyer can really help. If you can afford a lawyer, a lawyer referral service can help you find a lawyer who has experience in this area of law. If you can’t afford one, you may be able to get help from legal aid, who provides free or low-cost legal help in some cases. If they can’t help you, they might be able to refer you to someone who can take your case on a sliding scale fee or for free. Some legal aid organizations that can give referrals don’t advertise that they do - be sure to specifically ask for a referral if you need one. Shelters and other domestic violence organizations may also be able to provide you with a referral. You may also want to try any law schools in your area because sometimes they have legal clinics and can take cases for free. You’ll find contact information for legal aid lawyers and a lawyer referral number for your state here: [INSERT LINK TO FINDING A LAWYER PAGE]