My ex-husband is an abusive addict who, quite frankly, I more than a bit frightened of. I would like to get a restraining order against him to proctect both me and my son. However, I was told by the DA's office that they must have an address to serve him. He is homeless, so I cannot provide them an address. Does this mean that I am out of luck? Is there any way around this? Seems like an awful loophole in the system.
2007-02-06 02:28:43 · 7 answers · asked by pepper_0713 2 in Politics & Government ➔ Law Enforcement & Police
you have to be able to send it to him. why not have your brother move in he will protect you
2007-02-06 02:33:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Here in Canada these are called peace bond applications and the way it works here is that the person you are seeking the restraining order against must be compelled to court. Once in court your arguments as to why an order must be placed will be heard as well as his arguments against. A summons must be served on the person telling him/her what court date they must attend. Once served, if they don't show, a warrant can be issued for failing to appear. It comes down to the fact that you need some place to go to serve it. If you know for a fact that he frequents a place often (IE. soup kitchen every morning) you may be able to use this information for service. This may take some research on your part.
Has he committed any criminal offences toward you? (harassment,threats?). Once a person is charged the court system through a bail hearing imposes the same conditions that a restraining order would.
2007-02-06 11:11:50 · answer #2 · answered by joeanonymous 6 · 0⤊ 0⤋
Sounds like you are out of luck honey. Sorry. Keep a close watch on your ex and if he does get a place to live...even temporarily get that restraining order ASAP. Then if he does go back to living on the streets, the order will still be in place. Until then, if he does do something to hurt either you or you son file a report immediately and have him arrested.
2007-02-06 10:40:43 · answer #3 · answered by Steph 2 · 0⤊ 0⤋
If he's homeless I'd just up and move. If he doesn't have enough money for a place to sleep he won't have enough money to follow you. Braintree Massachusetts has the best record in the country for protecting women against domestic violence. I'd go there.
Barring that - does he consistently hang out in the same place? Maybe "3rd park bench on the right" is enough for the police.
2007-02-06 10:39:15 · answer #4 · answered by Queen of Cards 4 · 1⤊ 0⤋
Yes unfortunaly they have to have a address, like his mothers or siblings address may be good. there not jus gonna comb the streets to look for him.. so sorry, get a dog or have someone move in..best of luck
2007-02-06 10:38:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
well, you could move to someplace he cannot find you, or you can stand up to him and knock the living hell out of him. He knows you are afraid. Grow some gonads and show him you are unafraid. It is hard to do, but it beat's running. I run from no one, not even men, they are a joke.
2007-02-10 00:03:21 · answer #6 · answered by cprucka 4 · 0⤊ 0⤋
Keep the Law on his azz !
2007-02-06 10:38:55 · answer #7 · answered by RJ2K1 5 · 0⤊ 0⤋