If someone puts a restrained order against you ,and they just say you violated it even if you did not violated it ,does the person needss prove of the violation or the police its just going to believe what he's saying??
2007-02-23 13:19:43 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
They will investigate it, but stay as far away as possible and don't take the chance of violating it. Just stay with a group do not travel alone where this person could be to trap you into some situation
2007-02-23 13:26:09 · answer #1 · answered by path2631 4 · 1⤊ 0⤋
A restraining order usually has to be viewed and signed by a magistrate of the court, so it has probably does have standing. Depending on type of order and what is included as other circumstances, you should be able to look at your copy, ( you should have recieved one, by either the police or sheriff), and determine what you are to restain from doing. If you have broken any of the formentioned violations, you are in breech, and can be arrested and charged. This does NOT mean you you will be found guilty and fined or convicted. It means that you will have to appear in court for proof of your innocence and to tell your side. Depending on the seriousness of the nature of the breech of violation, or repeated incidence, it only seldom results in a jail sentence. The police are there to obtain all the information from both parties, but the final decision is up to the court.
2007-02-23 13:59:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
When a person files a restraining order against another and the person who filed for this order makes allegations against the person restrained, the rule of thumb is to take a report and file it with the District Attorney's Office unless the party being accused is at the location without prior notification to the D.A.'s Office and/or the local Police. Usually an allegation is not enough to arrest a person without without proof or a solid witness. Hope this helps.
GOD BLESS/GOOD LUCK!!
2007-02-23 15:53:12 · answer #3 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
The person is going to need proof. For example, you cant just walk up to someone and yell "Give me my ipod!!" and then the police believe the person that yelled that. But yes. They need proof in your situation
2007-02-23 13:29:04 · answer #4 · answered by Elliott N 2 · 0⤊ 0⤋
If you are asking if they can arrest you for breaking the restraining order, the answer is yes, but if they don't have any proof then they can't keep you in jail.
2007-02-23 13:27:14 · answer #5 · answered by golden rider 6 · 0⤊ 0⤋
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2016-12-14 04:18:31 · answer #6 · answered by libbie 4 · 0⤊ 0⤋
Well, it would generally come out in court. They could file the police report and if he is found out later to be lying, he could get charged with filing a false police report. It's an attorney's job to sort out who did or said what....
2007-02-23 13:23:59 · answer #7 · answered by Marc B. 3 · 0⤊ 0⤋
You can call the cops if its being violated but they will have to witness it to arrest the person.
2007-02-23 13:29:44 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Needs proof.
2007-02-23 13:22:48 · answer #9 · answered by Anonymous · 0⤊ 0⤋
That person needs solid proof first.
2007-02-24 06:50:37 · answer #10 · answered by MOM OF ONE 6 · 0⤊ 0⤋