My friend and I tried to go to a local bar we frequent last weekend, but we were turned away at the door because her ex works there and says he has a restraining order against her. She was never notified of this, so is it true? And can we go to the bar if there isn't a restraining order? Or if we go and he claims that there is one, doesn't he have to prove it?
2007-05-23 15:28:50 · 9 answers · asked by marshallgurl2000 2 in Politics & Government ➔ Law Enforcement & Police
She was notified of a court date on March 22nd, but the ex never showed up and the judge dismissed the petition. She has the paper that states that the charges were dropped and the domestic violence petition was thrown out.
2007-05-23 15:51:17 · update #1
She must be served notice of a restraining order for it to be valid. Whether or not you can still enter the bar is up to the owner of the bar, and his/her agent (bouncer, bartender, etc.)
It might be time to find a new bar, if this is going on.
2007-05-23 15:33:31 · answer #1 · answered by trueblue3167 4 · 0⤊ 0⤋
First of all the person needs to be notified that a restraining order has been filed in order for there to be proof that a restraining order is in effect. Make sure u go to court to clarify the situation, and ask if a restraining order was issued for such n such, that's is the only way to know whether it is true or not. If there is a restraining order, most likely u will not be able to enter the bar since he is working there. However, if there isn't a restraining order ur free to enter the bar anytime u want. Good luck.
2007-05-23 15:54:18 · answer #2 · answered by Lovemylifefriendsfamily 4 · 0⤊ 0⤋
To obtain a restraining order, the ex would have gone to court filed some documents. Then your friend would have gotten served and got told to go to a court date with the ex. Usually the court would offer the restraining order or to pursue mediation. Either way, she would be notified of the stipulations.
Ok for the stipulations:
-100 yds away from one another
- 100 yds away from each other's home and work
- this also is extended to their family (only if listed on the restraining order)
- usually lasts for 5 years
So if there is no restraining order, then she and you can go to the bar. Regardless, you can go there. If she wants to prove that he doesn't have one, have her go to district court (call first because it could be family court where you are at). Then she can obtain a copy if there is one. If not the clerk should tell her she doesn't have a TRO against her.
But a word of advice for your friend . . . .
DON'T DATE ANYHWHERE YOU WORK, HANG OUT, OR LIVE. It gets too messy afterwards.
2007-05-23 15:39:44 · answer #3 · answered by ash 3 · 0⤊ 0⤋
When a person obtains a Temporary Restraining Order (TRO) or Temporary Harassment Order (THO), the Order is signed by a Judge and is as it says; "an Order" to Stay Away and/or Not Harass. The person for whom the order is against must be served a copy of that order. The person requesting the order must carry a copy of that order at all times in order to provide law enforcement, should a situation occur with the individual(s) so named on the Order. Orders usually have a length of time for which they are valid (1,2,3....etc. years)....depending on the particular state/Court.
2007-05-23 16:48:34 · answer #4 · answered by Debra D 2 · 0⤊ 0⤋
I just have to have experience with this. Unless your friend lives under a rock or a bridge then she should have been served the papers provided that her ex has a current address. If they cant serve her @ home then the ex can just waits until she violates the order and call the police and when the cops get there they will not arrest her but they will ask the ex for the certified sealed copy of the order which he is suppose to have @ all times and then he hands that over to the cops who then proceeds to serve your friend with the order. If she shows up again AFTER being served then they can take her to JAIL.
2007-05-23 15:35:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Go to the cops and ask them if it's true, she has to do this of course because she does have a right to know. If someone has a restraining order then the person it's against normally does have to know because how would that person know where they are and aren't supposed to be? My friend got one on her ex boyfriend and he wasn't allowed to be near our school, her home, her friends homes or any place that she was normally at, a regular hang out, work ect. I think she should go to the cops and ask about it and then try going back if they say the same thing tell them it isn't true and that it's nor fair that they're keeping her out for no reason and tell them you can get the police down there to proove there isn't a restraining order.
2007-05-23 15:34:57 · answer #6 · answered by Roni M 1 · 0⤊ 1⤋
If she wasn't informed of the restraining order by the police, then there almost certainly isn't one. Her ex is probably just making it up, and the owner is stupid enough to believe him without checking.
I used to work at a bank, and a neighbor of mine whom I got into a fight with, and who threatened to kill me, walked in and saw me. After talking with my supervisor, I was informed that they "couldn't" keep him out unless he did something threatening to me in the bank. Whether that's the law or the company's policy, I don't know.
The best she can hope for is to try and talk to the owner and explain that he's lying. If they insist on keeping her out, I don't know if they're breaking the law or not. Even if they are, it probably isn't worthwhile to sue the bar.
The only reason a bar owner would care about keeping someone out is if he thinks that she'll be a threat to his employees or to the ambiance. Otherwise, he isn't legally obligated to enforce restraining orders. That's the police's work. So even if he doesn't know for a fact that there's an order, he may want her out if he fears that she'll cause problems.
2007-05-23 15:54:24 · answer #7 · answered by anotherguy 3 · 0⤊ 0⤋
Do Not Enter The Bar untill you call the local courthouse and find out for sure if there is one or not!!!!!!!!! Usually the information you seek is in misdemenor court or small claims start there,................
If you do you could be arrested for just being there!!!!
It is on rare ocassion that a protective or restraining order is issued to a man against a woman but it does happen.
just because you have not been notified yet does not mean it is not valid,......understand??
go to a differant club untill you figure this out
then call me and I will kick his bitxx axx,........LOL!
2007-05-23 15:41:37 · answer #8 · answered by Craig B 2 · 0⤊ 0⤋
A restraining order is a court order to prohibit a person from performing an act that is prejudicial to the person who requested it. Thus, your friend could be validly not allowed to enter a bar if there is a restrainining order against her.
2007-05-23 15:50:18 · answer #9 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋