my friend was driving down a road-not the one his ex-girlfriend lives on and he got a Temporary Restraint Order placed on him by the police. she lived on a near-by street. did you ever hear of this situation?
2007-04-11 20:13:08 · 6 answers · asked by snuggles 1 in Politics & Government ➔ Law Enforcement & Police
Yes, I defended a man in a similar situation and lost. Judges are afraid of not issuing a TRO and the person does something violent. Then the judge's name is all over the newspapers.
2007-04-11 20:19:04 · answer #1 · answered by Scotty 4 · 0⤊ 0⤋
Yes. The purpose for a TRO/PRO, is to protect a victim from his/her abuser. However, if a person was devious or vengeful enough - they could probably obtain one, just for spite. Unfortunately, restraining orders aren't all that difficult to get against someone. While they do require details and sufficient reason - they don't require hard evidence, per say.
It would have been the ex-girlfriend though, and not the police - who was behind the TRO (that is, assuming its not connected to some other case/person neither of you may know about). A person must request and fill out a form for the order. Usually, there is also a court appearance (with or without the alleged perp), which sets the TRO in motion. But it is not usually effective until the alleged perp has been served. Then a court date is set where both parties may make their case before a judge, who will then decide whether or not to make the restraining order permanent.
A restraining order involves set perimeters, and the banning from certain places - for the perp, to keep him/her away from the vic. If he violates either of these, he can be arrested. In your friend's case - the "no fly zone" for him, will include the area where she lives.
The way you put it - it sounds like your friend's ex had it in for him. Maybe she was justified - maybe not. Only they and God know - but one thing's for sure: She made sure he didn't see it coming... unless he's lying to you, of course.
2007-04-12 03:55:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This can be considered harassment. Obviously there is more to the story that would cause the Police/Court to take this type of action.
2007-04-12 14:08:42 · answer #3 · answered by CGIV76 7 · 0⤊ 0⤋
I think you can get a T.R.O. to keep birds out of your trees if you go to a judge. They act like it's Christmas, Easter, your birthday, and Halloween all at once and just give them out like candy to whoever asks for one.
2007-04-12 03:24:38 · answer #4 · answered by Sheriff of Yahoo! 7 · 0⤊ 0⤋
dont you just love our justice system. they do not seem to know when and where to do the right things.
2007-04-14 18:45:29 · answer #5 · answered by firstmammaw 2 · 0⤊ 0⤋
Well, that's what your friend TOLD you, anyway...
2007-04-12 03:17:53 · answer #6 · answered by Alice K 7 · 1⤊ 0⤋