we have a protective order on our neighbor nad my daughter, who is also listed as a protected person on the order, was told by the offenders daughter at recess during school to tell me that we need to move before she kicks her mother's (myself) A#@! Is this a viloation and if so what can i do about it?
2006-09-22 02:50:53 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The quick answer to your question is "Maybe."
If you've already filed a protective order, then call or go back to that office and ask to speak to a Victim's Rights Advocate who can help answer your questions. You'll get better answers from a local advocate who knows about your state and local laws-- and who knows your jurisdiction and local law enforcement-- than you will from people on Yahoo! Answers. Even the smart people here will not be able to give you as good an answer as the Clerk's Office Advocate can provide.
That said, you need to look at the protective order. If it protects only YOU from the adult neighbor, then it must specify what level of protection is provided. Chances are, the neighbor is prohibited from contacting you directly or indirectly and from coming within so many feet of your residence or place of work.
If the neighbor directed her daughter to deliver a message to you via your daughter, then she might be in violation of the protective order.
Of course, terroristic threats and assault are crimes whether or not a protective order exists-- regardless of the age of the person doing the threatening.
If you really feel threatened or harassed, then call you local police department and report the incident. Then call the Court Clerk's office and ask to be referred to an Advocate who helps with these issues.
This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.
2006-09-22 04:13:14 · answer #1 · answered by ParaNYC 4 · 0⤊ 0⤋
It's not a violation since she's not listed on the order of protection so you need to have her added... but I think it really depends on how old the child is making the threats. If she's 6, for example, it's not likely that a 6 year old can kick your butt... if she's 16 then ok yes. I'm not sure you can get a restraining order on a small child plus if she goes to school with your child it will be difficult to enforce.
2006-09-22 02:59:15 · answer #2 · answered by ChemGeek 4 · 0⤊ 0⤋
No, unless the child was named in the order of protection, or the daughter is acting under the guidance of the person the protection order is against. However, it is a threat, and prosecutable by law, but, let's be serious - you're concerned about a grade scholler hurting you?
2006-09-22 03:01:28 · answer #3 · answered by ceprn 6 · 0⤊ 0⤋
I would contact the local law enforcement agency. If there is a protective order in place then this should be against it. How old are the children? You may have to talk to the school to make sure that the children are not on the playground at the same time.
I think it is a shame that your neighbor has pulled their kids into this.
Good Luck.
2006-09-22 03:01:05 · answer #4 · answered by nana4dakids 7 · 0⤊ 1⤋
have you ever acquire evidence to diminish back up your claims? i'm purely asking by way of fact my virtually 5 twelve months previous regularly claims they do no longer feed her at day care - that's a extensive day care with a chef on paintings rigidity!! If she would not somewhat like the nutrition that day, or if she thinks i will purchase her an icecream on the way abode by way of fact she hasn't eaten - then that's what she'll tell me. yet i be responsive to that is purely no longer actual. and young ones that are knee extreme can get underfoot sometimes. i'm no longer asserting the babies are truthfully incorrect, yet i'd ask them approximately it back and be conscious the questions in distinctive the thank you to make particular you get the comparable solutions and to verify your claims are water tight formerly placing the government onto her. e.g. you're able to desire to ask them if she served them incredibly terrible nutrition, did she placed you down for a snooze formerly or when you had lunch, while she kicked you together with her knee grew to become into she donning something large .... something like that. it will purely ensure their memories so which you will possibly be extra confident interior the making the claims. perchance you're able to desire to attempt and touch the diverse different mum and dad besides?
2016-10-01 06:03:34 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If the child is a minor nothing legally could be done. But still cops can come and warn the parents of the child for her behaviour.
2006-09-22 03:00:26 · answer #6 · answered by ssmindia 6 · 0⤊ 0⤋
Yea it is a violation. You should talk to the school about it and also call police tell them what happened and remind them there is a protective order.
2006-09-22 02:59:42 · answer #7 · answered by angie1977c 2 · 0⤊ 1⤋
Probably not unless you have evidence the named person procured or induced her daughter to make the threat.
2006-09-22 03:12:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋
well it is cosidered a threat but i don't know how they would look at it coming from a chil. maybe you should switching shool just to keep your daughter from having to deal with tat girls crap or you can report it to the scholl so they can markit down and then report it to the law.
2006-09-22 03:02:35 · answer #9 · answered by rain20 1 · 0⤊ 0⤋
READ THE THING - what does it say? It should be are pretty explicit about whom is barred from being near whom.
Also, keep the kids out of it and grow up.
2006-09-22 03:10:26 · answer #10 · answered by Zelda 6 · 0⤊ 0⤋