I know someone that has claimed domestic violence by her husband went and recieved a order of protection and has not made him leave the home she says she useing it for leverage in case he gets violent again . Is she in violation of any laws for using the system, wasting tax payers money and putting her childrn at risk ?
2007-06-19 19:45:30 · 8 answers · asked by TRACY N 1 in Politics & Government ➔ Law & Ethics
YES. She's also in danger of being prosecuted on a number of criminal charges including blackmail, contempt, and, yes, child endangerment. There may also be a perjury charge since if you allow him to stay with you, then how is there any fear of him? People who are convicted of a crime of truthfulness will never be believed in any capacity, again. It's worse than being a murderer. The only thing worse than being convicted of a crime of truthfulness is being convicted of a sex crime against a minor or treason.
2007-06-19 20:03:02 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Yes it is against the law as Bottleblondema wrote. If she only wanted leverage in case he gets violent again, then all she had to do was file a complaint to the police so that they would have a record of his violent behavior.
It seems to me that when she filed for an order of protection, it was just after she was beaten up very badly. She did it then out of pain, and anger.
She is being foolish. She is only harming herself. If anything happens to her she has only herself to blame. Some people never learn until it is to late.
2007-06-27 07:13:07 · answer #2 · answered by michelebaruch 6 · 0⤊ 0⤋
When an Order of Protection is put in place, it is no longer a civil matter between the two parties, it is a matter between the parties and the Judge. It is no longer her decision to make to "allow" him to be there...she abdicated that when requesting an Order of Protection from the Judge.
Both he and she are in violation of the Order. He is foolish to still be living there as all she has to do (in most states) is pick of the phone and he will be arrested for violating the order even though she has given him permission to be there.
The Judge may also choose to charge her with Contempt of Court and the children to could removed from the home and placed in foster care pending and investigation.
2007-06-20 04:08:03 · answer #3 · answered by bottleblondemama 7 · 0⤊ 1⤋
the order of protection actually becomes null and void if the police find out she is willingly letting him stay in the home.
even if he were to get violent with her again-all he has to do is tell the police she let him stay there.
but it would be in HIS best interest to leave on his own (and no i'm not taking his side). he's putting himself at risk for jail time if he's caught inside the house-permission or not.
sounds like she's got some major issues-if she's being abused and feels like her life (and that of her children) is in jeopardy then she needs to get out or have the police escort him off of the property.
this is why our justice system is so screwed up today. the people who really need the order of protection against an abusive partner are turned down half of the time or not taken seriously b/c of people like her who abuse it!!
if she feels safe enough to let the abusive jerk live there-she shouldn't waste the courts/police's time or the taxpayers money to play a stupid mind game with him!!! i hope someone turns her in
2007-06-20 03:01:33 · answer #4 · answered by prncessang228 7 · 1⤊ 1⤋
it is for the idiot that moves back in with you. why would you get an order like that and then stay together. is it because you're a liar and he's really not that bad, you just wanted to jerk him around. or are you a fool who enjoys being beaten and doesn't give a flying f888 about your kids. either way, grow up. the answer is if the order is in effect and he goes back there he will end up in jail, which he either deserves or will be because you're vengeful lying *****.
2007-06-20 02:54:31 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Girl....Get real!! If you have an issue with your safety enough to get a restrianing order ( I'm Guess'n that's what you mean by a "protection order"),so if you need that to get thru to thids guy,what the hell are you doin with the idiot in the first place.What is it Doc Phill sez ....Hows that work'n out for you???
2007-06-20 02:56:14 · answer #6 · answered by Tip Anring 3 · 0⤊ 1⤋
Yes, all of the above.
2007-06-20 02:52:47 · answer #7 · answered by Marissa Di 5 · 0⤊ 1⤋
She is an idiot. Soon she may be a dead idiot.
2007-06-25 22:32:26 · answer #8 · answered by Al Mac Wheel 7 · 0⤊ 1⤋