any laws to protect a battered woman from an ex with a restraing order?

Question

my freinds ex bofriend has a restraing order against him for beating her for hours and basically holding her hostage. he calls her every day aleast 40 times and this weekend broke into her house and was waiting for her to come home. the only thing that saved her was he called me from her house and wanted me to have her call him. He has also threatend to kill her. is there any law that can protect her. Before he kills her

Answer 1

No, I'm afraid the only thing the law enforsers can do is arrest him when he breaks his restraining order...and quite often it is too late. The only thing she can do to ensure her safty is to move, make her address confidential, and change her name. My prayers are with her.....and you...be careful yourself!

Answer 2

She needs to take aggressive action regarding the restraining order and any violations that may have occurred regarding the break in. Most men that do this kind of thing, do it because they CAN. Most areas have some type of Domestic Violence group that can help with all of this. If there is not one where she lives go on the Internet and research where there is one near by. Get the police involved every time he does anything that is a violation of the restraining order or breaks the law. If they are not aggressive call the District Attorney, the state police or any body that will listen. In every jurisdiction in the US there are laws to prevent this from happening to your friend but it is sometimes hard to get people to act. One of the "reasons"/ "excuses" is that the VICTIM is not serious and willing to follow through. You should help her to understand that he just may kill her, it happens hundreds of times each years. The leading cause of death for women is angry men!

Answer 3

There's federal laws on the books concerning domestic violence but laws don't keep domestic violence from occurring! Sounds like this guy has total disrepect for the law to start with! Needs to be picked up by the police and held without bail!
Spouse needs to pack up and move on without a return address!

I know a party right now in the same situation that I've repeatedly told the woman to flee for her life because this loser is GOING to kill her! It's all there, all in place, doesn't take a Harvard degree to figure out, its just a matter of when! The guys been arrested numerous times on restraining order violations upto and including felony charges but some how continues to get out of jail and come back after this woman! Our justice system is failing us miserably here!
Take ACTION NOW before it's too late! Your call to the DA's office might just carry some clout and save your friends life- certainly worth the try!!!!!!!!!!!!!

Answer 4

We r basically inherited the british common law in our Parliament. Something like it is not against the law if u cycled a bicycle in ur home garden at night without a bicycle light . That also mean if u report getting a punch in a police station, it is their duty to investigate cos the common law also required them to act on it. Common sense will tell the wives to protect themselves by reporting to police so the children will grow up respecting the law without thinking of tradition.

Answer 5

He should be arrested for violating the restraining order! I would get him put in jail as fast as I could! Or leave!!

Breaking into her house is a crime, as is crominal threatening!

I would go talk to the police, or the newspaper about the police and find a Safehouse!

People like him often do what they say they are going to do!

Answer 6

she should definitely have him arrested for violating the restraining order. did she report the break-in to the police. it will be hard to do anything if she isnt reporting things like that. if he calls her at least 40 times everyday there should be phone records to prove that. she may need to go down to her county district attorneys office and discuss it with them. im pretty sure every state has stalking laws that he is breaking. something should be able to be done. I say dont move. women need to be strong and stand up for themselves.you can also try social services, they may also be able to help. tell your friend good luck, and its very nice that you want to help her.

Answer 7

well if she has an order of protection, she can call the law anytime he calls her or comes over and they will either arrest him or put a warrant out for him. he might only be in jail for 12 hours at a time, but once he cant post bail anymore hes stuck in there. she needs to stick to calling the police,ever single time. but she has to keep doing it or he will never learn! (i live in tennessee, that is how it is here)

Answer 8

Report him for violating restraing order and he will be picked up.
File new charges against him for breaking and entering.
Some women won't report their ex because they like drama and attention in their life.

Answer 9

I used to be a secretary at the Sheriff Department where I was born and raised and yes, there are laws to stop him. Your friend needs to call a lawyer or the police and seek help immediately.

Answer 10

NO, not until she files charges.

The laws against assault and battery should be enough, but since in many cases they weren't then restraining orders were invented. You friend’s Ex committed burglary and violated the restraining order when he last attacked your friend. She could have called the police, or you could have called the police and have had him arrested. But, she and you didn't. You just hoped that the Ex wouldn't come around again. Well that hasn't worked and your friend has ALLOWED herself to become a victim. If you file charges against the man, and have proof that he violated the restraining order then you can have him arrested. If your girlfriend called the police and filed a complaint then she could have had him arrested. She could even have done that the day after you rescued her. Until that point the police have their hands tied.

I speed, I do it often and I always have. I am a habitual speeder, but the police can’t touch me. Unless, they actually catch me speeding; then my rear is queer and I can get screwed. It isn’t enough for a person to break the law, they have to be CAUGHT in the act, or have someone file a complaint and provide proof that the law was broken. Until then the police and the law are helpless.

Did your girlfriend clean up the glass and throw it out? Are there fingerprints of her Ex on that glass? Is your girlfriend willing to file a complaint and testify against him, are you? And if you are willing to file the complaint do you have any proof of what happened? If your girlfriend denies it then the case is dead. Until you reach that point then your girlfriend will remain a victim.

I would love to help, most police officers would love to help, a few of them might even want to “tune up” (beat up) your girlfriend’s Ex. I can’t blame them, most police officers got into this field just to prevent that kind of action. Most of them would be willing to go 90% of the way, but until your girlfriend goes that 10%, until she files the complaint charge nothing will happen.

Can you get any of those recordings of the phone calls that your girlfriend’s Ex has made? Can you install a tape recorder to record these calls? How about a video camera? You can put up a video camera to monitor your girlfriend’s house? You can find such systems for as low as $100.

Personally I would buy her a handgun, take her to a range and make her get familiar with it. Then I would have her shoot at watermelons at 30’. Then I would use honeydew melons and then work down to apples. Once I had her that doing that, I would teach her to aim at the knees. She probably doesn’t want to kill her Ex, I wouldn’t want to kill her Ex either. But, if you shoot a person in the knee then it will put them down. The police and the military teach their shooters to aim for the center of mass. They also tell their people to not aim a gun at anything you don’t plan on shooting and to not aim a gun at anyone who you don’t plan on shooting. Police officers rarely shoot their suspects, many pride themselves on not using their gun, but they all have to be capable of killing a man if the situation comes down to it. They can’t afford to shoot a person in the knee, because if they have a gun then they will use it.

If your girlfriend shoots her Ex at a range inside that of the restraining order then she may have been excessive, but charges probably won’t be filed against her. If she shoots at her Ex at such a range when she is in fear of her life, then it will be considered a justified shooting. If she kills the poor man then she probably won’t want to live with herself. If she aims at her Ex then she will most likely hesitate long enough for her Ex to grab the gun and use it on her. If she just wounds the man then she could live with it and still survive. She will be less likely to get hurt, unless her Ex is also carrying a gun. In that case she should fire a few shots near him and run. She would be justified to shoot to kill, but she probably won’t have the nerve to do it. I say all of these things because she lacks the nerve to file charges on her Ex and get him taken off the street.

If YOU can catch your girlfriend’s Ex Boy Friend in the act then you will have a chance to help her. The best way to do this is with a few video cameras. Then you can file charges. Or you can pull a stakeout inside her house and catch the creep on film. Otherwise your girlfriend is going to have to take a stand and file her own charges against her Ex Boy Friend. She needs to have PROOF that he is harassing her or breaking the Restraining Order. That can be a simple picture with a camera phone; if he is close enough for his face to be recognizable then he is probably inside the limits of the Restraining Order.