My sister has not seen her daughter in 10 years(she is 13 now). She has been given the run around on the whereabouts of her daughter by the father (who she is living with). We now know where they llive but according to my sister, the father has told my niece that my sister is dead. My sister also tells me that he has a restraining order on our whole family so we cannot contact her. Is this possible?
2007-01-04 05:15:17 · 6 answers · asked by lovliest1976 1 in Politics & Government ➔ Law & Ethics
As the other commenters have noted, you have the right to notice and a hearing before a restraining order is in force. And the order itself must be personally served upon you for it to be in effect.
To your question, yes, restraining orders CAN be issued against someone who hasn't threatened you physically, at least in most states. You either have to be (a) a victim of physical violence from the abuser, (b) in fear of imminent physical violence, or have received threats of imminent physical violence, (c) being "stalked" or "harassed", or (d) some similar conduct. There are, of course, other instances where a court may issue a restraining order (such as in a juvenile court proceeding where the court finds that contact with a family member would be harmful to the child) but those are rare and usually hotly contested.
If this father has effectively kidnapped his daughter (and maybe this isn't true, if mom has just not tried to see her daughter) then you need to go to court with an experienced family lawyer to revise visitation, perhaps petition to modify custody, or seek an order of contempt. But this is a question for a local lawyer that needs to effectively analyze all of the facts of the case.
2007-01-04 05:37:13 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
You should have been served with papers from the court about this. When I got my restraining order both parties were served. Then there was a court date, signatures and copies distributed to all concerned parties.
There would have to be some very serious charges in order to get one on the whole family.
2007-01-04 13:31:10 · answer #2 · answered by Dana H 2 · 0⤊ 0⤋
As far as I understand restraining orders, the person being ordered has to be notified of the order before it can go in effect. I don't think he'd be able to get a restraining order against your whole family just because of your sister, he'd have to have a legitimate complaint against all of you.
2007-01-04 13:24:32 · answer #3 · answered by jedi_junkie05 3 · 1⤊ 0⤋
I believe that in order for him to get a restraining order, you and your family would have had to been notifed and given an opportunity to have a hearing on the issues. It is possible that a restraining order was put on if your family did not respond to the complaint.
2007-01-04 13:21:16 · answer #4 · answered by crank726 2 · 2⤊ 0⤋
The restraining order is only in force, if it has been signed for by any member of your family. He is talking out of his hat, and intimidating you all. Tell your sister to fight tooth and nail to get access to her child. Dont take his word for it. It can only be made an order of the court once it has been handed to the person it is intended for (eg. your sister).
2007-01-04 13:29:41 · answer #5 · answered by Kevon 2 · 0⤊ 0⤋
Yes. Thanks to the Violence Against Women Act and other feminist legislation, you don't need to prove violence or even a threat occurred to get a restraining order. All you need to say is that you fear that you may be harmed and, presto magico, all of a sudden another person loses constitutional rights and freedoms without due process.
Thank a feminist.
2007-01-04 13:44:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋