Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I have broken up with my ex-girlfriend for about a week now and she won’t leave me or anyone I may be around (friends or family) alone. Is this enough to have a restraining order put against her? I know she is mentally unstable (bipolar and a cutter), plus it’s just getting down right annoying. She has been calling and texting my phone at work and at home, and my friends’ phones at 1:00 a.m., trying to get a hold of me, thinking that I might be with them. I know how a restraining order works, no texts, calls, emails, snail mail, 3rd-person contact or in-person contact. So what I’m really asking is do you think I have enough reason to put in the effort to file a case and have a restraining order created against her? Thank you.
Each state has its own procedure for issuing a restraining or protective order. It does sound like you may be able to get an order against your ex-girlfriend. What the order would entail would depend on the harassment at issue. Here, it sounds like you could get an order preventing her from contacting you via phone or email. You may also get an order preventing her from coming close to you, your home, and possibly your family’s home. Depending on the situation you may decide to have a conversation with her; addressing her concerns may be enough for her to leave you alone. If, however, you are concerned for your safety or that of your friends and family, or if you feel that any contact with her will only make the situation worse, you probably can pursue a restraining order.
