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Old 11-17-2017, 05:33 PM   #10 (permalink)
Junior Member
Join Date: Oct 2006
Posts: 17
Here's an update. We did end up going to the court and were able to get a temporary restraining order. Unfortunately, we had a second hearing two weeks later and the judge denied the year-long extension. The judge noted the technicality that a majority of the harassment happened outside the jurisdiction. We were in the middle of moving from the east coast to the west coast, so there is not much we could change about that. The second was that we wrote a letter to my father explicitly saying the harassment should cease. We were acting on the advice of the police to not contact my brother directly. Even though my brother was 100% aware of the contents of the letter, we did not send a copy to him, the judge gave him the benefit of doubt. In the end, we did score a minor victory because we scared the living hell out of him by threatening his ability to work. He was also forced to pay a lawyer to represent him in court. We also have a signed affidavit that he will cease all communication with us. The judge also stated that even if the extension was denied on paper, both parties should operate as if it had been.

Here are my takeaways for anyone else dealing with this:

A) Get a lawyer. We were winging it and no amount of internet research will replace someone that has far more knowledge of the law.

B) Have that lawyer communicate on your behalf to the harasser or the harasser's lawyer.

C) Anything you text or email will be used against you, so be as diplomatic as possible at all times. I called my sister a See You Next Tuesday after she physically threatened myself and my wife and screeched she would kill my dog in front of my children. That was used against me by his lawyer and the judge didn't want to hear the context of why I texted it. I only had my verbal account, but they could show texts.

D) Document and date everything.
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