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  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
  • Rebecca Follmer et al v. Eugene MazourProtection Order-Harassment document preview
						
                                

Preview

Issued; 1/18/2024 Document 7392 DOCUMENT COVER SHEET IN THE DISTRICT COURT OF NUCKOLLS COUNTY, NEBRASKA 150 South Main , PO Box 362 Nelson, NE 68961-0362 Case ID: Cl 24-4 Rebecca Follmer et al v. Eugene Mazour TO: Clay County County Sheriff's Office Please serve the attached document(s) on the following party: Eugene W Mazour 30150 Rd C Lawrence NE 68957 Method of Service: Personal Service These special instructions have been added; Please serve: EX PARTE HARASSMENT PROTECTION ORDER, REQUEST FOR HEARING, PROTECTION ORDER INFORMATION HARASSMENT, and PETITION AFFIDAVIT TO OBTAIN HARASSMENT PROTECTION ORDER. Issued: 1/18/2024 Document #: 7392 SERVICE RETURN Received this Document on,. I hereby certify that on ,at o'clock__ M. I served copies of the Document(s) upon the party; by________________________________________________________________________________________ as required by Nebraska state law Service and return $______________ Copy $______________ Mileage_______ miles $______________ TOTAL $______________ Date:_________________________ By;______________ Sheriff or Authorized Person 000016056D42 000016056D42 Nebraska State Court Form DC 19:1 Rev. 09/2020 Neb.Rev.Stat. §§ 42-924, 28-311.09, and 28-311.11 JAN 1 8 2024 IN THE DISTRICT COURT OF NUCKOLLS COUNTY, NEBRASKA Rebecca Ann Follmer , Petitioner, Jake Donald Follmer Case No. Paisley Ann Follmer , Additional Petitioner/Minor Child(ren), PROTECTION ORDER PRAECIPE Kaleb James Follmer .......... , Additional Petitioner/Minor Child(ren), vs. Eugene William Mazour , Respondent. TO THE CLERK OF COURT: Please have the Sheriff of Clay County Nebraska......... County serve a copy of the protection order and/or order to show cause, petition, and request for hearing (if applicable) upon the respondent by personal service at any one of the following addresses: Home; .................. Lawrence, Ne 6895 7............... Work: Other locations where respondent can be found: Directions for service: SignaturelJDate: h Printed N ________________________ Street Address/P.O. Box: City/State/ZIP Code: Lp ^ ~ Telephone Number Email address: J rfe/1 the f /L ______________ d If completed by an attorney: Bar Number:___________________ (If you are concealing your address or phone, do not provide them. Make separate arrangements with the clerk.) DC 19:1 Rev. 09/2020 Page 1 of 2 Protection Order Praecipe Fill in any of the following information if known. ' - Description of Respondent: Alias: ........................ ........ .......... ................ .......................... ...... Sex; Male Age;72 ......... Height............... Weight: Eye ColorHazel Green Hair Color:White/gray Race:White... Skin Tone: White................. Place of Birth:..................................... ....... Scars, Marks, and Tattoos: Other Distinguishing Features: Wears glasses Employer: Retired ...................... ........................ Work Days and Hour's: ............................. ....... Description of Respondent’s Vehicle: Drivers Lie. No.: ........... ............. Issuing State; Expiration:............... Vehicle Lie. No.: Vehicle Year: Issuing State; ................... Type; ............................... Make; Model: ...................... Color(s): VIN; .................................. ................ . Does the Respondent: Carry a weapon or keep a weapon nearby‘.Q yesQ no Where and what kind? .......... .......... ....... .. ......... Have a history of mental illness? nyes □ no Use or abuse alcohol or drugs? nyes □ no What kind? Have a history of violence toward others? □ yes □ no Make threats against law enforcement? □ yes □ no Other Comments: DC 19:1 Rev. 09/2020 Page 2 of 2 Protection Order Praecipe Issued: 1/18/2024 Document #: 7392 DOCUMENT COVER SHEET IN THE DISTRICT COURT OF NUCKOLLS COUNTY, NEBRASKA 150 South Main PO Box 362 Nelson, NE 68961-0362 Case ID: Cl 24-4 Rebecca Follmer et al v. Eugene Mazour TO: Clay County County Sheriff's Office Please serve the attached document(s) on the following party: Eugene W Mazour 30150 Rd C Lawrence NE 68957 Method of Service: Personal Service These special instructions have been added: Please serve: EX PARTE HARASSMENT PROTECTION ORDER, REQUEST FOR HEARING, PROTECTION ORDER INFORMATION HARASSMENT, and PETITION AFFIDAVIT TO OBTAIN HARASSMENT PROTECTION ORDER. Nebraska State Court Form REQUIRED EX PARTE HARASSMENT DC 19:4 Rev. 01/20 Neb. Rev. Stat § 28-^1.09 PROTECTION ORDER Document# _ IN THE DISTRICT COURT OF NUCKOLLS COUNTY, NEBRASKATicvT ; RoyreGoi'/aies. C Rebecca Ann Follmer ~ Petitioner, Jake Donald Follmer, Paisley Ann Follmer,___________ Case No. Cl 24-4____________________ Additional Petitioner/Minor Child(ren), Kaleb James Follmer______________________________ Additional Petitioner/Minor Child(ren), EX PARTE HARASSMENT VS. PROTECTION ORDER Eugene William Mazour___________________________ Respondent. The protected party(ies) of this Order is/are: 1. Rebecca Ann Follmer 4. Kaleb James Follmer 2. Jake Donald Follmer________________________ 5. 3. Paisley Ann Follmer________________________ 6.__________________________________________ THE COURT, having received the Petition and Affidavit of the petitioner, finds that a harassment protection order pursuant to Neb. Rev. Stat. § 28-311.09 should be issued. FURTHER, it reasonably appears from the specific facts included in the affidavit that irreparable harm, loss or damage will result before this matter can be heard on notice, therefore, the court having jurisdiction of the parties finds that a harassment protection order should be issued without prior notice and hearing. IT IS THEREFORE ORDERED, pursuant to Neb. Rev. Stat. § 28-311.09, unless otherwise dismissed or modified by order of the court, a harassment protection order against the respondent is granted for a period of one year from the date of this order and the petitioner is granted the following relief: X 1. Respondent is enjoined from imposing any restraint upon the person or liberty of the protected party(ies). ^£2. Respondent is enjoined from harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the protected party(ies). 3. Respondent is enjoined from telephoning, contacting, or otherwise communicating with the protected party(ies). If the respondent wishes to appear and show cause why this order should not remain in effect for a period of one year, he or she shall affix his or her current address, telephone number, and signature on the Request for Hearing form provided and return it to the clerk of the district court within ten (10) business days after service upon him or her. This order shall remain in effect during the time prior to ’’ Costs are waived unless otherwise ordered by the court. DATED:January 18, 2024 JUDGE NOTICE TO RESPONDENT PURSUANT to 18 U.S.C.2265, this order is enforced in all fifty states, the District of Columbia, tribal lands and U.S. territories. Moreover, pursuant to 18 U.S.C.922 if a final order is entered against you after a hearing of which you had actual knowledge and an opportunity to participate, whether or not you actually participated and if this court order restrains you from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, you may be subject to a federal penalty for possessing, transporting, or accepting a firearm or ammunition. Page 1 of 2 Ex Parte Harassment Protection Order DC 19:4 Rev 01/20 A harassment protection order is a court order issued to a victim who has been harassed, pursuant to Neb. Rev. Stat. § 28-311.09 et seq. In order to qualify for a harassment protection order: • the petition shall state the events and dates of acts constituting the alleqed harassment. This must include the most recent and most severe incident(s). • the petitioner must show that the respondent has engaged in a knowing and willful course of conduct directed at the petitioner which seriously terrifies, threatens, or intimidates the petitioner and which serves no legitimate purpose. • A course of conduct is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking, telephoning, contacting, or otherwise communicating with the petitioner. A protection order may prohibit the respondent from: • imposing any restraint upon the petitioner or family or household member, or liberty of the petitioner, • harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, • telephoning, contacting, or otherwise communicating with the petitioner. Once the protection order petition is granted, it may not be withdrawn except upon order of the court. The protection order shall be effective for one year unless otherwise modified by the court. A court, on its own motion or at the request of the petitioner, may treat a petition for a harassment protection order as a request for a sexual assault protection order or domestic abuse protection order, if it appears from the facts in the petition, affidavit and evidence presented at a show-cause hearing that such other protection order is more appropriate. NOTICE TO PETITIONER Fees to cover costs associated with the filing, issuance, or service of a protection order shall not be charged, except that a court may assess such fees and costs if the court finds that the statements contained in the application were false and that the protection order was sought in bad faith. NOTICE TO RESPONDENT If there has been an Ex Parte Protection Order served upon you and you wish to request a hearing to show cause why the order should notremain in effect, you must request a hearing on the provided "Request for Hearing” form by completing the form and returning it to the clerk of the district court at the address listed at the bottom of the form. You must return the form within ten (10) business days after you have been served. The court will schedule a hearing within thirty (30) days after reviewing our request and shall notify you and the petitioner of the hearing date. If there is a hearing scheduled and you wish to defend against the claims set forth in the application for a protection order, you must appear at the hearing. You are warned that if you fail to appear, the case will proceed without you and a final order may be entered against you for the relief requested in thepetition. You are required to obey the terms of the protection order as soon as it is served upon you. If you disobey the terms of the protection order, you will be subject to the following Nebraska Revised Statutes. Violation of a Protection Order; Any person convicted of violating the terms of a harassment protection order after being served shall be subject to either Neb. Rev. Stat. § 28-311.04 or § 28-311.09(4). If a protection order has been issued against you, the following United States Federal Statutes apply to the issuance of a valid protection order. Full Faith and Credit Provision: Pursuant to 18 U.S.C. § 2265, this order is enforceable in all fifty (50) states, the District of Columbia, tribal lands and U.S. territories. The penalties for violation of this order are determined by the existing penalty of the location in which the violation occurred. Nebraska’s Harassment Full Faith and Credit provisions are found in Neb. Rev. Stat. § 28-311.10. Interstate Domestic ViolenceA/iolation of a Protection Order: • If you travel across state or tribal borders with the intent to injure the petitioner and then intentionally commit a crime of violence causing bodily injury to the petitioner, you may be convicted of committing a federal offense under 18 U.S.C. § 2261(a)(1). You may also be convicted of committing a federal offense if you cause the petitioner to cross state or tribal borders for this purpose. 18 U.S.C. § 2262(a)(2). • If you travel across state or tribal borders with the intent to violate the final protection order and subsequently violate such order, you may be convicted of committing a federal offense under 18 U.S.C. § 2261 (a)(1). • You may also be convicted of committing a federal offense if you cause the plaintiff to cross state or tribal borders for this purpose. 18 U.S.C. § 2262(a)(2). Page 2 of 2 Ex Parte Harassment Protection Order DC 19:4 Rev 01/20 Nebraska State Court Form DC 19.14 Rev. 06/2019 Neb. Rev. Stat. §§ 42-924,28-311.09, and 28-311.11 IN THE DISTRICT COURT OF NUCKOLLS COUNTY, NEBRASKA Rebecca Ann Follmer , Petitioner, ^4-4 Jake Donald Follmer, Paisley Ann FoIIm, Additional Petitioner/Minor Child(ren), Kaleb James Follmer , REQUEST FOR HEARING — Additional Petitioner/Minor Child(ren), PROTECTION ORDER vs. Eugene William Mazour , Respondent. 1. I wish to request a hearing on this protection order. I understand that notice of the time and place of the hearing shall be mailed to the address below. 2. □ I do not agree to receive notification by email. □ I agree to receive notification by email. email address: NOTE: By providing this email address, I acknowledge that I am aware that this information will be public record. I also understand that I will only receive email communications regarding this case from the court. □ I do not speak English. My language is .............. Date; Signature Name Street Address/P.O. Box Bar Number and Firm Name (attorneys only) City/State/ZIP Code Phone Email Address Phone (Work) RETURN IO: Clerk of the District Court (Address:) PO Box 362 Nelson, NE 68961 DC 19:14 Rev. 06/2019 Page 1 of 1 Request for Hearing - Protection Order Nebraska State Court Form A copy is on the reverse side of DC 19:4, 19:5, 19:6 and 19:7 DC 19:3 Rev. 01/2020 Neb. Rev. Stat. §28-311.09 PROTECTION ORDER INFORMATION - HARASSMENT A harassment protection order is a court order issued to a victim who has been harassed, pursuant to Neb. Rev. Stat. § 28-311.09 et seq. In order to qualify for a harassment protection order: • the petition shall state the events and dates of acts constituting the alleged harassment. This must include the most recent and most severe incidcnt(s). • the petitioner must show that the respondent has engaged in a knowing and willful course of conduct directed at the petitioner which seriously terrifies, threatens, or intimidates the petitioner and which serves no legitimate purpose. • A course of conduct is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking, telephoning, contacting, or otherwise communicating with the petitioner. A protection order may prohibit the respondent from: • imposing any restraint upon the petitioner or family or household member, or liberty of the petitioner, • harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, • telephoning, contacting, or otherwise communicating with the petitioner. Once the protection order petition is granted, it may not be withdrawn except upon order of the court. The protection order shall be effective for one year unless otherwise modified by the court. A court, on its own motion or at the request of the petitioner, may treat a petition for a harassment protection order as a request for a sexual assault protection order or domestic abuse protection order, if it appears from the facts in the petition, affidavit and evidence presented at a show-cause hearing that such other protection order is more appropriate. NOTICE TO PETITIONER Fees to cover costs associated with the filing, issuance, or service of a protection order shall not be charged, except that a court may assess such fees and costs if the court finds that the statements contained in the application were false and that the protection order was sought in bad faith. NOTICE TO RESPONDENT If there has been an Ex Parte Protection Order served upon you and you wish to request a hearing to show cause why the order should not remain in effect, you must request a hearing on the provided “Request for Hearing” form by completing the form and returning it to the DC 19:3 Rev. 01/2020 Page 1 of 2 Protection Order Information, Harassment clerk of the district court at the address listed at the bottom of the form. You must return the form within ten (10) business days after you have been served. The court will schedule a hearing within thirty (30) days after reviewing our request and shall notify you and the petitioner of the hearing date. If there is a hearing scheduled and you wish to defend against the claims set forth in the application for a protection order, you must appear at the hearing. You are warned that if you fail to appear, the case will proceed without you and a final order may be entered against you for the relief requested in the petition. You are required to obey the terms of the protection order as soon as it is served upon you. If you disobey the terms of the protection order, you will be subject to the following Nebraska Revised Statutes. Violation of a Protection Order: Any person convicted of violating the terms of a harassment protection order after being served shall be subject to either Neb. Rev. Stat. § 28-311.04 or § 28-311.09(4). If a protection order has been issued against you, the following United States Federal Statutes apply to the issuance of a valid protection order. Full Faith and Credit Provision: Pursuant to 18 U.S.C. § 2265, this order is enforceable in all fifty (50) states, the District of Columbia, tribal lands and U.S. territories. The penalties for violation of this order are determined by the existing penalty of the location in which the violation occurred. Nebraska’s Harassment Full Faith and Credit provisions are found in Neb. Rev. Stat. § 28-311.10. Interstate Domestic ViolenceA/iolation of a Protection Order: • If you travel across state or tribal borders with the intent to injure the petitioner and then intentionally commit a crime of violence causing bodily injury to the petitioner, you may be convicted of committing a federal offense under 18 U.S.C. § 2261(a)(1). You may also be convicted of committing a federal offense if you cause the petitioner to cross state or tribal borders for this purpose. 18 U.S.C. § 2262(a)(2). • If you travel across state or tribal borders with the intent to violate the final protection order and subsequently violate such order, you may be convicted of committing a federal offense under 18 U.S.C. § 2261(a)(1). • You may also be convicted of committing a federal offense if you cause the plaintiff to cross state or tribal borders for this purpose. 18 U.S.C. § 2262(a)(2). DC 19:3 Rev. 01/2020 Paee 2 of 2 Protection Order Information. Harassment Nebraska State Court Form hl the District Court of lot s rn REQUIRED DC 19:2 Rev. 01/2020 Neb. Rev. Stat. § 28-311.09 JAN 1 8 2024 luckolis Count’ IN THE DISTRICT COURT OF NUCKOLLS COUNTY, NEB ’-Gonzales, Cie’ 'k of Di st. Court Rebecca Ann Follmer...... ........................, Case No. Petitioner, Jake Donald Follmer Paisley Ann Follmer....... ................... , PETITION AND AFFIDAVIT Additional Petitioner/Minor Child(ren), TO OBTAIN HARASSMENT PROTECTION ORDER Kaleb James Follmer , Additional Petitioner/Minor Child(ren), vs. Eugene William Mazour , Respondent. 1. I, Rebecca Ann Follmer, am the petitioner in this case. I am petitioning for a harassment protection order pursuant to Neb. Rev. Stat. §28-311.09. I am filing this petition on behalf of: n Myself. I have been harassed. 0 Myself and additional petitioner(s) who have been harassed and whose name(s) is/are shown after mine in the caption of this petition. My relationship to the additional petitioner(s)/minor child(ren) is/are: E custodial parent, □ guardian, □ other:............................. . O Only on behalf of the additional petitioner(s) who have been harassed and whose name(s) is/ are shown after mine in the caption of this petition. My relationship to the additional petitioner(s)/minor child(ren) is/are: custodial parent, guardian, other: AND: S I am 19 or older or legally emancipated OR □ I am a minor and.............. years of age. □ I do not speak English. The language that I speak is: ................. ...... ....... ....... . Petition and Affidavit to DC 19:2 Rev. 01/2020 Page 1 of 6 Obtain Harassment Protection Order 2. Check Only One: □ I have received address protection from the Secretary of State under the Address Confidentiality Program.(Service of any court process shall be made by mailing two copies of the process to the Office of Secretary of State, Address Confidentiality Program, Suite 2300, State Capitol Building, Lincoln, NE, 68509) n I am living at a safe house or shelter for my own protection. Pursuant to Neb. Rev. Stat. § 29-4303,1 cannot identify the name, address, location or phone number of the facility. E] My address is: 2403 Road 4600 Edgar, NE 68935 (Street or Route/Box) (City) (State) (ZIP code) O Mailing address (if different): (Street or Route/Box) (City) (State) (ZIP code) 3. Neb. Ct. Rule § 2-208 requires people involved in a case who are not attorneys to provide their email address or provide a reason why they cannot receive emails. d I do not have the ability to receive emails. The reason I cannot receive email is: 0 My email address is: irfollmer911(^gmail.com______________________________ NOTE: By providing this email address, I acknowledge that I am aware that this information will be public record. I also understand that I will only receive email communications regarding this case from the court. 4.1 am filing this petition against the respondent whose age is: 72.... and who resides at: Lawrence, Ne 68957 (Street or Route/Box) (City) (State) (ZIP code) Mailing address (if different): (Street or Route/Box) (City) (State) (ZIP code) (402)984-0976 (Phone number) □ The respondent does not speak English. The language that the respondent speaks is: My relationship to (he respondent is: Petition and Affidavit to DC 19:2 Rev. 01/2020 Page 2 of 6 Obtain Harassment Pi'otection Order 5. The respondent is a person who has willfully harassed me and has engaged in a knowing and willful course of conduct directed at me which seriously terrifies, threatens, or intimidates me and selves no legitimate purpose. 6. To my knowledge, The respondent and 1 □ have or 13 have not been involved in past or cun'ent court cases together, (i.e., divorce, paternity, custody, juvenile, criminal or protection orders) If so: when, where, type of case, name of couil(s), and case number(s). 7. I hereby ask the court to enter a protection order (mark all that apply): prohibiting the respondent from imposing any restraint upon the person(s) seeking protection. prohibiting the respondent from harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the person(s) seeking protection. 13 prohibiting the respondent from telephoning, contacting, or otherwise communicating with the person(s)seeking protection. 8. Pursuant to Neb. Rev. Stat. § 25-2740,1 request to have a District Court Judge, or □ County Court Judge preside over this proceeding. (I understand this request may not be granted.) 9. The dates or approximate dates and facts of the most recent series of acts and the most severe incident or incident(s) of harassment toward the person(s) seeking protection are (Please write a brief but detailed description.): Petition and Affidavit to DC 19:2 Rev. 01/2020 Page 3 of 6 Obtain Harassment Protection Order A.Date/Time: Sutnmer of 2014 Description: The summer when my oldest son, Austin Mazour, gi-aduated from high school, Eugene and Eileen tried to take him away from us. They said that we were not doing the proper parenting by keeping him out of trouble by letting him do what he wanted. We were bad parents by this is what he had said. They had him live with them and that is when he got himself in trouble with the law. Austin getting in troublei is recorded with the sheriffs office. We do not need Eugene around our kids coursing them into there evilness. We don't want our kids around them at all. We want them to stop attending and don't want them around at all. B. Date/Time:........... Summer of 2023 into Winter of 2024............ Description; Eugene has been going to some of our kids. Paisley, Kaleb, and Jake's sporting events without an invite from either myself or the kids. This makes the kids and myself very uncomfortable and we want it to stop. The kids can't concertrate on there actions when playing sports. We want all this to stop!! Out kids feel like they are being stalked C. Date/Time: Description: Petition and Affidavit to DC 19:2 Rev. 01/2020 Page 4 of 6 Obtain Harassment Protection Order 10. I request the court treat this Petition and Affidavit for a Harassment Protection Order as a request for a sexual assault protection order or a domestic abuse protection order if it appears to the court, based on facts contained in this Petition and Affidavit and the evidence presented at a show cause hearing, that another’ type of protection order is more appropriate in this case, and the court makes such findings. 11. Additional Petitioner(s) (ifneeded); Petitioner 2 (Minor Child); Name; Paisley Ann Follmer Age; 12 Relationship to the Respondent (From list on number 4); Residence; The address of this Petitioner is the same as my address above. □ This Petitioner's address is; (Street or Route/Box) (City) (State) (ZIP code) Petitioner 3 (Minor Child); Name; Kaleb James Follmer Age; 10 Relationship to the Respondent (From list on number 4); Residence; The address of this Petitioner is the same as my address above. □ This Petitioner's address is; (Street or Route/Box) (City) (State) (ZIP code) Petitioner 4 (Minor Child); Name; Jake Donald Follmer Age; 8 Relationship to the Respondent (From list on number 4); Residence; 1 3 The address of this Petitioner is the same as my address above . □ This Petitioner's address is; (Street or Route/Box) (City) (State) (ZIP code) Petition and Affidavit to DC 19:2 Rev. 01/2020 Page 5 of 6 Obtain Harassment Protection Order Petitioner S (Minor Child): Name:Age: Relationship to the Respondent (From list on number 4): Residence: □ The address of this Petitioner is the same as my address Q above. This Petitioner's address is: (Street or Route/Box) (City) (State) (ZIP code) Petitioner 6 (Minor Child): Name:Age: Relationship to the Respondent (From list on number 4): Residence: □ The address of this Petitioner is the same as my address □ above. This Petitioner's address is: (Street or Route/Box) (City) (State) (ZIP code) I hereby swear, or affirm, under penalty of perjuiy, the forgoing affidavit is true. (Name, Firm name, and Bar Number IF being completed by an attorney) (do NOT sign UNTIL THE CLERK OF THE DISTRICT COURT OR A NOTARY IS PRESENT AND WITNESSES YOU SIGNING) Petition and Affidavit to DC 19'.2 Rev. 01/2020 Page 6 of 6 Obtain Harassment Protection Order