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Getting a restraining order ?

  • 02-08-2010 12:04AM
    #1
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭


    How does one go about getting a restraining order? To make things more complicated its a family member who has serious mental problems who fails to see it. I told her to get help but there's no getting through to her. I have been ignoring her cause i dont want to give her any excuse to start at me again.

    She wished me dead a few months ago, and got into a violent temper and belted me across the head and was bleeding very heavily. I was very lucky i didn't end up with a head injury. I didn't report this but is it to late to report this?

    Last week she pranked called me and left her phone id on and i sent her a text to ask her to stop. This only fuelled her into replying with a very nasty text message saying she will crack my head open.

    Basically, i believe she can and will do serious damage and its only a matter of time. But im not waiting for something to happen.


Comments

  • #2
    L.Jenkins
    Moderators, Computer Games Moderators, Technology & Internet Moderators Posts: 19,242 Mod ✭✭✭✭L.Jenkins


    To report a crime, I think it can be reported upto 6 months after. As for a restraining order, you should have a chat with your solicitor.


  • #3
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Is it expensive to get a restraining order? Has anyone got one before?

    What use is it reporting something that happened a few months ago? Will they need proof? Or will it be on their record of some sort?


  • #4
    L.Jenkins
    Moderators, Computer Games Moderators, Technology & Internet Moderators Posts: 19,242 Mod ✭✭✭✭L.Jenkins


    I would assume to report such an issue, it would help to have a witness and medical records of the injuries received. As for the cost, I've never had to get one before, so I couldn't say.


  • #5
    Nevyn
    Closed Accounts Posts: 43,044 ✭✭✭✭Nevyn


    Contact your phone company and get a copy of the record of the text message to you from her number. Once you have that lodge a complaint with her phone company and with the garda.


  • #6
    Boskowski
    Closed Accounts Posts: 5,361 ✭✭✭Boskowski


    Never heard of a restraining order outside of 'Judge Judy' tbh. What I mean is this may be an American thing. Report the assault and get legal advice on what you can do next.


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  • #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    A 'Restraining Order' won't do much if she really wants to hurt you. Its not like she gets a collar around her neck and when she come's within 15 feet of you gets an electric shock.

    If she wants to do it then she will unless you have someone who is stronger and can push her off.


  • #8
    Blackdrag
    Closed Accounts Posts: 44 ✭Blackdrag


    My mate had a problem with his ex, The restraining order didn’t do much but the police are more likely to get involved if she breaks the order.

    How to go about it? Get a note pad write down times and notes. Get whiteness signatures as and when people are around.


  • #9
    Katieoo
    Closed Accounts Posts: 12 ✭Katieoo


    Hi there,

    Sorry to hear about your sister. I had a similar situation with my dad. Are you both living at home ?

    Your local district court deals with barring and safety orders. Although I don't know if they apply in your situation. Look up www.courts.ie

    Also try www.citizensinformation.ie

    You could call into a garda station - I'm sure they would give you advice. There's also a legal forum on boards you might get some information there.

    Even though you might feel like getting rid of them keep any threatening texts she sends you.


  • #10
    Denerick
    Banned (with Prison Access) Posts: 6,488 ✭✭✭Denerick


    Hi Op,

    Tough situation to be in. I'd advise looking into getting her sectioned as she is clearly a danger to other people (What with the threats of assault and prior behaviour) and possibly to herself.

    She may be mentally ill, or just a violent mess, but either way its probably the best course of action for everybody.


  • #11
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Denerick wrote: »
    Hi Op,

    Tough situation to be in. I'd advise looking into getting her sectioned as she is clearly a danger to other people (What with the threats of assault and prior behaviour) and possibly to herself.

    She may be mentally ill, or just a violent mess, but either way its probably the best course of action for everybody.

    How do i get her sectioned?

    I dont know what her problem is but i do have to do something. I wasn't the only one. She has taken her anger out on the animals too. And i have seen her scream at poor little kids she was minding. Another time she came home saying one of the kids wee'd in his pants. At 7 years old he should be able to control himself, my only guess is she terrified him.


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  • #12
    Denerick
    Banned (with Prison Access) Posts: 6,488 ✭✭✭Denerick


    HardLuckWoman wrote: »
    How do i get her sectioned?

    I dont know what her problem is but i do have to do something. I wasn't the only one. She has taken her anger out on the animals too. And i have seen her scream at poor little kids she was minding. Another time she came home saying one of the kids wee'd in his pants. At 7 years old he should be able to control himself, my only guess is she terrified him.

    I don't know exactly how you'd go about it. My first guess would be to contact the Guards and they will nod you in the right direction. As far as I know a relative can apply for another relative to get sectioned. It mightn't be a bad idea to talk to your parents and other siblings to see what they think first, though.


  • #13
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Does she have a mental problem? If so would you not be better off getting her some help?


  • #14
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Mak_United wrote: »
    Does she have a mental problem? If so would you not be better off getting her some help?

    What can i do? I already told her she needs help but she doesn't see it. She recognises her own problem but turns it around on me. She is always pretends to be the victim in it.


  • #15
    quibbles
    Closed Accounts Posts: 42 ✭quibbles


    Thaedydal wrote: »
    Contact your phone company and get a copy of the record of the text message to you from her number.

    Can that actually be done? Can you expand on that?


  • #16
    Miss Fluff
    Closed Accounts Posts: 5,673 ✭✭✭Miss Fluff


    All this talk of getting a restraining order and having her sectioned is fine in theory but both require professional intervention and the onus of proof is on you for either to happen.

    If you genuinely feel she poses a real and dangerous threat to your safety then I would advise you to go and talk to a solicitor who will advise you of the proper course of action and how to take it from here. I'd also make a statement at your local garda station re her threatening behaviour, i.e. threatening to crack your head open.


  • #17
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Miss Fluff wrote: »
    All this talk of getting a restraining order and having her sectioned is fine in theory but both require professional intervention and the onus of proof is on you for either to happen.

    If you genuinely feel she poses a real and dangerous threat to your safety then I would advise you to go and talk to a solicitor who will advise you of the proper course of action and how to take it from here. I'd also make a statement at your local garda station re her threatening behaviour, i.e. threatening to crack your head open.

    I'l do that. They can advise me what to do anyway. She already wished me dead and hit me across my head until i was bleeding and got away with it. She thinks she can do it again and she's starting with the threats.

    Can this thread be locked now? She is a member on boards and i know she will be on here soon enough, only to turn it around on me.


  • #18
    Denerick
    Banned (with Prison Access) Posts: 6,488 ✭✭✭Denerick


    HardLuckWoman wrote: »
    Can this thread be locked now? She is a member on boards and i know she will be on here soon enough, only to turn it around on me.

    No offence, but what is going on inside your head? Why would you post something like this about your sister, knowing she views this board and will probably see it? Come on, get some common sense.


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