my father-in-law who is a drug addict and has been to prison twice... once federal and once state showed up at my door in a drug induced rage and assaulted me. He was arrested and has been in jail for 3 days now but is supposed to see the judge today. I got a restraining order to protect myself in case he does get out. I dont know if he will get out or not. The police officer wanted to press felony on him because I have a serious heart condition and he is aware of my condition and was putting my life in danger assaulting me. But IF he gets out...... how long does the restraining order last and what happens if he breaks it?
2007-05-29 08:20:45 · 10 answers · asked by Kel Kel 3 in Politics & Government ➔ Law & Ethics
I have a side arm and pepper spray. I hope I dont ever have to use it.
Do you think the fact he has been in prison twice for will help as far as me getting protection??
I will go ahead and say, the first time was a sex offense and the second time was drug related.
2007-05-29 10:32:19 · update #1
Restraining orders are issued by a judge and are intended to protect those who fear for their own safety. Essentially, a restraining order prohibits an individual from an action that is likely to cause harm; usually, a restraining order prevents any contact or communication between two or more people.
A restraining order differs from an injunction in that in can be granted immediately, without a hearing and without any notice to the opposing party. Restraining orders are temporary; they are intended to last only until a hearing can take place. If a restraining order is violated, call 9-1-1 and report the situation. The violating party can be arrested immediately and taken into custody.
2007-05-29 08:26:04 · answer #1 · answered by KC V ™ 7 · 1⤊ 0⤋
If the judge extends the order, it can last for 180 days. If you believe you will still be in danger at the end of 180 days, you should apply to the court for another extension a month before the six months is up.
You may call the police if the person disobeys the order. Tell the police you have a restraining order that is being disobeyed and you want the person arrested. Show the officer the restraining order and write down the names of the officers you talk to. If you are working with an attorney or domestic violence program, let them know what has happened.
restraining order can be useless. it can aggravate the abuser more. I suggest you get some protection such as a pepper spray.
2007-05-29 08:44:15 · answer #2 · answered by llanna 3 · 0⤊ 0⤋
I'm sure you got a TEMPORARY retraining order since your father-in-law is seeing the Judge today. Hopefully, the Judge will make the Restraining Order permanent today. What you should have done was to go to Court today and ask for a permanent Order. If the TRO is dissolved, get yourself a lawyer immediately and move to have it reinstated as a permanent Order. Unless he has a valid reason to see you, it is very likely the Judge will make the Order permanent. If he breaks the restraining Order, call 911 and the police will arrest him. Judges do not take kindly to having their Orders ignored. If you get a permanent restraining Order, read it carefully and find out its terms in detail. Normally, it will say he has to stay something like 500 feet away from you.
2007-05-29 08:39:04 · answer #3 · answered by David M 7 · 0⤊ 0⤋
when u get the restraining order the judge will tell u how long it will last. it won't expire for a while though. If he breaks the restraining order he will be arrested. He has to know about the order first. If he knows about and he breaks it they will ask u what u want to do....and u should say u want him to go to jail. restraining orders are serious and should be followed.
2007-05-29 08:38:06 · answer #4 · answered by cute_and_desirable01 1 · 1⤊ 0⤋
If she has filed the order she shouldn't be in trouble if she chooses to break it--but she's making a huge mistake if she does. The restraining order was put into effect to protect her from this guy. The court system will not take her seriously if she intentionally puts herself in position to be near him.
2016-05-21 00:16:28 · answer #5 · answered by thea 4 · 0⤊ 0⤋
I once had a restraining order and the person kept breaking it ! They could never catch him though. He would come to my house,break it,and then get away before the police got there. So,all I ended up with was a lot of reports. They never did catch up with him. I moved. I moved FAR AWAY ! Sorry,I don't want to scare you but that is how it is. I think you should move because it never ends.
2007-05-29 09:17:42 · answer #6 · answered by iluvsunsets 3 · 0⤊ 0⤋
You should contact a lawyer where you live to answer those questions. The answer will vary from state to state. Sometimes the restraining order on its face shows how long it lasts and/or when a hearing will be held to make it permanent.
Regardless, if he shows up call the cops ASAP.
2007-05-29 08:25:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
They will tell you how long it is for, and when they do I would contact the court a month before it is to end and tell them you still fear for your safety and the can extend it, ussually for five years. I would get some home protection, a handgun, or if you are not comfortable with that maby try a tazor or another type of stun gun. I would talk to your neighbors and tell them of the situation, and they might be able to help watch your house for any problems or unwanted guests
2007-05-29 09:54:56 · answer #8 · answered by mlpjr78 1 · 0⤊ 0⤋
you have to have a hearing on your restraiing order, the judge will then rule to give you it or not , then the judge will say how long its for
2007-05-29 09:19:36 · answer #9 · answered by ♥ஐDanielleஐ♥ 4 · 0⤊ 0⤋
The RO itself should tell you how long its in effect.
2007-05-29 08:39:47 · answer #10 · answered by Anonymous · 0⤊ 0⤋