My niece has a restraining order against her ex-boyfriend. They recently went to court and had proven that he was not the father of her baby. After court her ex-boyfriend his mother, sister and new girlfriend started calling her names. My niece did not respond because she was alone and didn't want these people to jump on her.
Were their any violations made there at all?
I told her to call the police last week when she was walking to the store and they threw eggs on her but she was too humiliated to do it. The restraining order is good untill June 2007.
Does she need to have proof that these actions occurred?
2007-01-25 13:16:01 · 8 answers · asked by strawberry 3 in Politics & Government ➔ Law Enforcement & Police
he has already admitted to the judge that he said that he was going to kill her(which is the reason why she got the restraining order). What should she do.
2007-01-25 13:26:55 · update #1
She should document each and every violation of the restraining order. In fact, when they threw eggs at her, she might not have even needed a witness if there was physical evidence of the attack. But if she refuses to document even the slightest breech on their part, then the restraining order has no more teeth than a worm has. If they are found in violation of the restraining order, then I'd surmise that int's akin to aggravated stalking. (At least in this state it's aggravated stalking.)
Tell her the only way she will be able to let them know she is serious is to fight back using that restraining order. Humiliation or not, she has to take some initiative here. The police can only do so much, the courts can only do so much. Some of it falls on her. But once she sets things in motion, she'll be amazed at what that restraining order can do for her peace of mind.
2007-01-25 13:33:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If the restraining order is against the ex-boyfriend that is who it is for not anyone related to him. And unfortunately restraining orders are about as good as the paper they are written on. Yes the ex-boyfriend can be locked up if "he" is breaking the order, but not anyone else. Now if your niece wants to get restraining orders against the rest of the bullies then she should do just that. Having proof would certainly help her cause, but it is not necessary. If it were me, I would have restraining orders put against the whole bunch and anytime I saw any of them near me I would call 911 and have them locked up. Restraining orders can be renewed if the judge believes she is endanger. Get this stuff on camera and get it recorded and I bet the judge would do more than a restraining order!! Just a thought!!!!
2007-01-26 11:46:36 · answer #2 · answered by Cindy Roo 5 · 0⤊ 0⤋
She needs to report each violation to the police and to request that the restraining order be modified to include the members of his family that are harrassing her. They are all violating the restraining order and they can go to jail, but she has to report it, even if she is humiliated, because if she doesn't they are going to get worse and worse and could end up really hurting her or killing her.
2007-01-28 05:24:38 · answer #3 · answered by hargonagain 4 · 0⤊ 0⤋
She needs not have any proof. Of course, an independant eye witness does help alot.
Before that, I am not sure how law at your country works.
But by calling names in public, throwing eggs or any action for the purposes of humiliation, that's call "INJURY" in law term. Emotional injury to be exact.
And depends on the extend of injury, usually the judge, magistrate or whatever jury, will compel the defendant to pay monetary compensation. However, if there is a breach of court order, it is up to the court to decide the punishment, jail, fine, or both, or any other corrective measure.
2007-01-25 13:32:24 · answer #4 · answered by limyc75 2 · 1⤊ 0⤋
Very serious. But they won't do a bit of good if your niece won't notify the authorities if a violation occurred. I'm not sure what, if any, proof is needed, but the incident should at the very least be reported to the police and the court that issued the order.
2016-05-24 00:17:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
restraining orders usually mean a person is not in control of themselves and need some help.
2007-01-25 13:23:08 · answer #6 · answered by user name 5 · 0⤊ 1⤋
It is real & have the information updated..I have a cousin doing 5 years in FL because of his lack of self control...
2007-01-26 15:13:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
its real and somebody will go to jail if its violated
2007-01-25 13:24:19 · answer #8 · answered by Anonymous · 2⤊ 0⤋