Restraining Order Legal Steps

Summary

To prevent contact from abusive parents, you can seek a protective order in Alaska, requiring evidence of abuse or threats. If evidence is insufficient, consider changing contact details and blocking them on social media. A cease and desist letter can formally request no contact, but it may provoke legal action. Ensure claims are factual to avoid defamation risks. Consulting an attorney can help draft the letter and explore other legal options. Legal costs vary, with family law attorneys typically charging $100 to $500 per hour.

Full Conversation

Hello, my name is Jane. I would like help with a situation. My parents are abusive and I would like to have them never have the ability to contact me or my family members. Is this possible?
Hi Jane, I'm really sorry to hear about your situation. You can seek a protective order (restraining order) against your parents. This order can legally prevent them from contacting you and your family members.
Would you like more information on how to obtain a protective order in Alaska?
What are the requisites? I believe I do not have concrete evidence that they are abusive, except they did try to report me as missing when I stopped contacting them.
To obtain a protective order in Alaska, you typically need to show evidence of abuse or threats of abuse. Here are some general requisites:
- Evidence of physical harm, threats, or harassment.
- Police reports, medical records, or witness statements can support your case.
- Filing a petition at your local courthouse.
Would you like more detailed steps on how to file for a protective order?
I don't believe I have enough evidence in that case. Is there something else I can do to distance myself from them?
Jane, if you feel you don't have enough evidence for a protective order, you can still take some steps to distance yourself from your parents:
- Change your phone number and email address.
- Block them on social media.
- Relocate and be cautious about sharing your new address.
Would you like more information on any of these steps?
I was thinking more on the lines of a cease and desist letter. What are your thoughts?
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Jane, a cease and desist letter can be a good step to formally notify your parents to stop contacting you. While it’s not legally binding, it can be used as evidence if you need to pursue legal action later.
Would you like guidance on how to draft a cease and desist letter?
Yes please
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Jane, here is a brief guide on how to draft a cease and desist letter:
- Clearly state who the letter is addressed to.
- Describe the behavior you want to stop.
- Mention that continued contact will lead to legal action.
- Sign and date the letter.
Would you like to know more about this process?
Is there risk that the letter can backfire in some way? They are high income and will pursue any legal action they can against me, lower income, if possible
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Jane, while a cease and desist letter is a formal way to request that someone stop contacting you, there is a risk it could provoke a negative reaction, especially if the recipients are inclined to pursue legal action. However, it can also serve as a clear record of your request to cease contact.
Would you like to explore other legal options or need more information on how to proceed with the cease and desist letter?
Am I opening myself up to any specific legal actions they can take against me by writing them a cease and desist letter?
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Jane, writing a cease and desist letter could potentially lead to legal actions such as defamation claims if they believe the content is false and damaging to their reputation. Ensure your claims are factual and based on your experiences.
Is there anything else you would like to know or any other concerns you have?
If the content is true and based on my experiences, can they take any legal actions against me for the letter?
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If the content of your cease and desist letter is true and based on your personal experiences, it is less likely that they can successfully take legal actions against you. However, they may still attempt to respond legally, so it's wise to keep documentation and evidence of your experiences.
Would you like more detailed information on how to proceed with drafting the cease and desist letter?
What actions can they take specifically?
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Jane, if your parents decide to pursue legal action, here are some possibilities:
- Defamation Claim: If they believe your statements are false and damaging.
- Harassment Complaint: If they feel harassed by the letter.
- Retaliatory Lawsuits: Any other legal actions they might find relevant.
Would you like to know more about how to protect yourself legally?
Is there any way I can protect myself from those things?
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Jane, to protect yourself from potential legal actions, you can take the following steps:
- Consult an Attorney: Get legal advice to ensure your cease and desist letter is appropriately worded.
- Keep Evidence: Maintain records of all interactions and evidence supporting your claims.
- Stay Truthful: Ensure all statements in your letter are factual and based on your experiences.
Would you like more detailed information on any of these steps?
Can you help me draft an example cease and desist for this situation?
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Sure, Jane! Here's an example of a cease and desist letter tailored to your situation:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Parent's Name]
[Parent's Address]
[City, State, ZIP Code]
Dear [Parent's Name],
Subject: Cease and Desist from Contact
I am writing to formally request that you cease all forms of contact with me and my family members immediately. This includes, but is not limited to, phone calls, text messages, emails, social media interactions, and physical visits.
Your actions have caused significant emotional distress, and I am requesting that you cease this behavior immediately. If you fail to comply with this request, I will have no choice but to pursue further legal action to protect myself and my family.
Please consider this letter as a formal notice. Continued contact or harassment will be documented and used as evidence should further legal action become necessary.
Sincerely,
[Your Name]
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Would you like more information or assistance with any other aspects of your situation?
Do I have to describe the actions? will describing or not describing the actions lead to legal action being taken on their past if possible? Also, is there something in there that I can say about not having them contact me through third parties, like family or friends, as well?
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Jane, you don't have to describe the specific actions in your cease and desist letter, but doing so can help clarify your situation and strengthen your case if legal action becomes necessary. Including a statement about not contacting you through third parties is a good idea.
Here's a revised example:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Parent's Name]
[Parent's Address]
[City, State, ZIP Code]
Dear [Parent's Name],
Subject: Cease and Desist from Contact
I am writing to formally request that you cease all forms of contact with me and my family members immediately. This includes, but is not limited to, phone calls, text messages, emails, social media interactions, physical visits, and any contact through third parties such as family or friends.
Your actions have caused significant emotional distress, and I am requesting that you cease this behavior immediately. If you fail to comply with this request, I will have no choice but to pursue further legal action to protect myself and my family.
Please consider this letter as a formal notice. Continued contact or harassment will be documented and used as evidence should further legal action become necessary.
Sincerely,
[Your Name]
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Would you like more information or assistance with any other aspects of your situation?
Hm, it just feels like if I cease and desist letter them they will pursue legal action against me, which can be timely and costly. However, if I do nothing, they will continue to harass me without regard
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Jane, it's understandable to be concerned about potential legal actions. If you're hesitant about the cease and desist letter, you might want to consider consulting with an attorney to discuss your specific situation and potential legal strategies. They can provide personalized advice based on your circumstances.
Would you like assistance in finding an attorney or more information on any other legal options?
what would I be hiring a lawyer for specifically?
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Jane, you might want to hire a lawyer for the following reasons:
- To get personalized legal advice on your situation.
- To help you draft a cease and desist letter that minimizes legal risk.
- To explore other legal options, such as a protective order, if your situation escalates.
- To represent you if your parents attempt to take legal action against you.
Would you like more information on any specific aspect of hiring a lawyer?
what is the cost estimate on something like that?
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Jane, the cost of hiring a lawyer can vary. Typically, hourly rates for family law attorneys range from $* to $* per hour. Some lawyers may offer a flat fee for specific services. It's best to get quotes from multiple attorneys to find an option that fits your budget.
Would you like to know more about how to find and choose the right attorney for your situation?