Constant, Consistent Threats Should Not be Taken Lightly

Rose McGowan {if you know photo credit please e-mail the firm}

Actress Rose McGowan was just granted a Restraining Order for a man who she has said has threatened her agent and others in attempts to contact her. In fact, her attorney at the hearing alleged Louis S. Santo III of Connecticut also threatened him for representing the actress. As a result of the allegations a Los Angeles Superior Court Judge granted Ms. McGowan a Restraining Order for a period of three years. Neither Ms. Gowen nor Mr. Santo attended the hearing. Restraining Orders are no laughing manner or to be undertaken lightly. In Minnesota a person can get what is called an Ex-parte Order for Protection with out a hearing or having the other side present so long as the Petitioner (the person seeking the order) makes allegations that they feel they are in imminent harm. If the Ex-parte order is granted, the order is delivered by the Sheriff to the alleged offending party, and a hearing is granted within seven days so the accused can confront their accuser. The Ex-parte order usually is not enforceable after the hearing date. Generally, if the accused does not show for the hearing, but the Petitioner does the Order can be granted against the accused in their absence. If the Petitioner does not show for the hearing, usually the case is dismissed. Although, Ms. McGowan herself did not attend the hearing, her attorney did on her behalf. However, Mr. Santo III did not attend. Orders of Protection can be granted from one year to fifty years depending on the allegations and determinations of the court and whether there have been other prior Orders of Protection brought and granted against the individual by the same Petitioner. 

Do you think a three year period of time for the Restraining Order was enough? How would you argue for more time? You be the attorney.

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