If police were called to a scene but boyfriend was not there and then a restraining order was put out and police have not been able to give order to boyfriend can he be arrested for anot getting the order? Girlfriend wants to cancel restraining order what should she do? Girlfriedn does not want him to get arrested what would cause him to get arrested? ANSWER ALLLLLLL QUESTIONS PLEASE!!!!!!
2007-03-18 09:54:12 · 5 answers · asked by Lexis 2 in Politics & Government ➔ Law Enforcement & Police
Depends on state but generally yes he can be arrested without being served. If the police or in some cases a process server has attempted but can not find the individual after due diligence the order will remain in effect until withdrawn. There should have been a formal hearing with the court to change the order from temporary to permeate, did he show up? If not the judge makes the decision but most will only postpone hearing 2 times.
The only way he can be arrested is if he violates the order. This would mean the girlfriend would have to call the police when he was near her and they would show up to enforce the order. At that point most police will either arrest the person especially if he seems a threat to himself or others or warn him serve him with order and tell him to leave.
Be careful the court does not look kindly on removing restraining orders then reinstalling them a month later.
2007-03-18 10:05:36 · answer #1 · answered by kevin 2 · 0⤊ 0⤋
Was it domestic? Did he hit her? Most states require an arrest based soley on this. He has to be served within a reasonable amount of time of the order being issued. If she wants to cancel the order go back to court. Girlfriend needs to stand back and think before she acts. If a restraining order is needed is the boyfriend worth it????????????????
2007-03-18 10:04:49 · answer #2 · answered by Deb 3 · 0⤊ 0⤋
Girlfriend needs help. She called in the first place. I will never understand why anybody would choose to be in an abusive relationship. A man will only hit me one time.. that is all. How could anybody possibly love someone that hurts them??? Tell your friend to let him get arrested and move on to nicer man.
2007-03-18 10:34:58 · answer #3 · answered by tootsie38 4 · 0⤊ 0⤋
Girlfriend should get psychiatric help. If she issued a restraining order why would she want to lift it? Men don't change behaviour before death. She needs help.
2007-03-18 09:58:49 · answer #4 · answered by St N 7 · 1⤊ 0⤋
girlfriend is a victim, too many victims want to go back to those that hurt them. She needs to go to the DA and ask for the order to be lifted. Yes he could be.
2007-03-18 09:59:10 · answer #5 · answered by Anonymous · 3⤊ 0⤋