Nice to see that the laws are way more protective in California. In Pennsylvania, you start with a Protection From Abuse (PFA) which isn’t a restraining order of any kind. Just a notice provided to the person that further stalking will lead to a restraining order. Exception being if visible physical damage has already been inflicted upon the person filing. At that point, a RO can be granted immediately.
Thing is that they can only be filed if there is a romantic or family relationship between the two people. So it just means that the next time they see each other, the victim will be murdered.
Items 1 and 2 on Notice of Court Hearing (Form CH-109);
Items 1, 2 and 3 on Temporary Restraining Order (CLETS -TCH) (Form CH-110);
Civil Case cover Sheet (Form CM-010) (ask the court clerk if you need this for your court — you may not need it);
Additional Page (Form MC-020) if you need more space to describe why you need the restraining order; and
Declaration (Form MC-030) or Attached Declaration (Form MC-031) for any statements of witnesses that will support your side of the story.
2. Fill out your court’s local forms (if any)
Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court’s website.
3. Have your forms reviewed
If your court’s self-help center helps people with civil harassment restraining orders, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
4. Make at least 5 copies of all your forms
One copy will be for you; another copy will be for the person you want protection from. The extra copies will be for other protected people or for you to keep in a safe place. The original is for the court.
Some courts do not want you to make the copies until after Step 2 below, so make sure you ask your court clerk for the procedures in your court.
IMPORTANT: Your restraining order paperwork will go to the restrained person in your case and he or she will get a chance to see everything you write. If you are staying somewhere you do not want the restrained person to know about and you want to keep the address confidential, do NOT write it on these papers. You can use a program called “Safe at Home” that gives you a secure address to use for your court papers (or for banking and other things) where you can still get your court papers without having to reveal your confidential address. Click to learn about Safe at Home.
Are you sure that she’s not just high on drugs and thinking about filing false shit to cover her ass for fucking up at work? Is she a REGISTERED nurse? Is she facing discipline? Something is going on here. Why was the ex parte denied?
Advise her to not commit any crimes by filing false info with the court or false police reports.
I know you are a reliable long time poster, but the stimabuser name is one indication that there may be more going on here. If not from you, then from some folks you run with. This is ABC stuff that a savvy 16 year old should be able to handle.
You don’t need video or picture evidence for an ex parte order. They are granted all the time and few people have that kind of evidence.
This thread is great. Solid advice given by someone who also takes the time to imagine what might be going on, and is sure to issue the appropriate insults! (Though sadly softened by edits.)
Does the stalker live in the same county? Is she traveling 2 hours round trip just to look for your friend? Is she residing temporarily in the same country as your friend? This can be an issue, because the sheriff, ideally, would serve the order for the hearing, but they cannot serve the order if they cannot find the stalker.
But, again, this is not a movie. The stalker is staying somewhere. Can you find out where that is? Is the stalker staying at home and not working and spending all her time stalking? I think you are being punked/scammed based on the info presented.
You can use this page to verify your friend is actually an RN. License Verification
If she recently was battling cancer it seems perfectly reasonable that she would be out of work for a year.
Stim, I don’t have any valuable advice here but hope it gets resolved without anybody getting hurt. Has she called the police at 3am when the stalker was outside her place? That may be the best thing to do.
I think a lot of the insinuations here are really unnecessary but I agree with simp that it’s pretty strange if the ex parted order was denied. You don’t need photos or videos. Literally if she said “this guy threatened me” the judge will issue one.
I guess there are weird/bad judges out there, but no judge wants to see their name in the paper when someone gets killed and the article says the victim applied for a PO and was denied. They are usually very liberal with granting them at the ex parte stage.
It wouldn’t resolve the problems, but in the event that the stalker escalates to the level of breaking in while she’s home, it would increase her chance of survival. If the stalker breaks in while she’s home, it’s very likely she’s breaking in to shoot her and maybe her kid too. In that situation, I want a gun. Call me crazy all you want, but I value being alive.
Of course I’d rather psychos not have access to guns in the first place, but this is USA#1.
Yes, because this isn’t a joke. If she doesn’t get her shit together she loses, if she does she wins, and stimabuser is failing to understand something about the situation or being gullible and giving her bad advice.
Tbf to you, I responded before I saw your post with some really solid info. But jesus, you could have given the same info without all the insulting bs.
Restraining/protection orders/police are first steps. Increased surveillance/security measures are next. Being physically, mentally and lawfully armed to protect yourself if those fail is obviously useful. If I’m not a mental health risk I am objectively safer with my gun and guard dog, especially if I’m being stalked.
Situation sucks, and I think it’s really hard to know what the best thing to do is from the outside, and I don’t think getting a gun and defending yourself is the worst thing in the world, but it’s not that hard to move and it’s probably better to do that than to either get shot, let your kid get shot or shoot someone else. And I’m not saying that a shooting is likely, but if she really thinks a shooting is likely then moving might be a good idea even if it is difficult.
Yeah retreat is usually the best form of self defense but having to uproot your family is a pretty awful outcome. No guarantee you don’t get doxxed/tracked down again, too.