My sister put a restraing order on her boyfriend for abuse but I just found out there is a party this weekend at her BFF's house but her my sister didn't tell her she couldn't invite her ex so she did does that mean he will automatically have to leave the party...and how long does a restaing order stay is it permanent??
2007-06-26 06:09:02 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
First off, the type of restraining depends upon the state you live in. In most states, there are two kinds, a permanent restraining order (PRO), and a temporary restraining order(TRO). They may be called by other names, though.
Generally speaking, TROs are issued until a hearing can be had for both sides to speak before the judge. If cause is found for a PRO, the judge will issue it. If not, the TRO is generally dropped.
Once a PRO is issued, it may have an expiration date (this is entirely up to the judge and the reason the TRO was issued in the first place). Both the victim and the person the TRO is filed against should get a copy of the TRO/PRO. They are usually served by the sheriff or his deputies in most places, or any private party unrelated to the two parties.
Once the person is served their TRO/PRO, they will be made aware of what constitutes a violation. In some cases, a simple phone call can be a violation, in other cases any type of contact can be.
Contrary to a prior answer, the "boyfriend" could NOT be arrested simply for being at Wal*Mart in THAT instance, UNLESS:
he either knew she was there and refused to leave,
or he had a reasonable suspicion that she was there and refused to leave.
If she suspects that he followed her to that location, she can call the police and let them deal with it. Again, this is spelled out in the TRO/PRO.
As for the party, he should not bother to attend, since he has a reasonable suspicion that she will be there or is likely to be found at that location.
That's how TRO/PROs work. Once he is served with the TRO/PRO, he is restrained from going to locations that he KNOWS she is to be found (her house, her work, etc) or places he reasonably believes she is to be found (her friends' houses, bars that she hangs out at, etc).
All that said, a TRO/PRO is nothing more than a piece of paper. It cannot protect her. It only allows the police to arrest him simply because he is where is where he isn't supposed to be, or because he made contact with her when he wasn't allowed to do so. Many times, the recipient of a TRO/PRO can become quite angry over it, and do stupid things. Your sister should be prepared for that.
Your sister may want to consider not going to the party herself, if her boyfriend is abusive/dangerous, or make a phone call in advance to find out if he is there or has been there.
The host/hostess of the party should inform the boyfriend he is not welcome, and be prepared to call the police to remove him. He was invited, but he can be uninvited.
Good luck.
2007-06-26 07:10:05 · answer #1 · answered by Shrimp 3 · 0⤊ 0⤋
The court has a restraining order out on my ex. The restraining orde ris probley for like a year or so. And I would doubt that your sister put this location as a losation he is not allowed at. Since they were both invited that means who ever gets there first can stay. If your sister shows up after He does al;l he would have to do is call 911 and tell them that the person that had put the restraining order on him just showed up. And then your sister would be asked to leave. I know thats how Washington State works each state may be a little different. Your sister can not get in trouble for being around him. He will get in trouble for being around her. So he has to take caution to that.
2007-06-26 06:37:32 · answer #2 · answered by girlylove69 2 · 0⤊ 0⤋
The copy of the order that your sister has spells out what can and can not be done and what enforcement is appropriate. Not all orders are the same.
In most cases the respondent (boyfriend) needs to have been served or notified about the order prior to any enforcement.
Likely he would have to leave the party if she is there and not contact her.
2007-06-26 06:16:19 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Well if she has a restraining order against him why would she want to bring him? But it all depends. She could have a permanent restraining order but they just dont give that to her. she has to apply for a permanent one and if she didnt then he could be around her but he would be violating the restraining order and if she dont want him there she could call the cops and have him arrested.
2007-06-26 06:25:42 · answer #4 · answered by libbynstanlo 3 · 0⤊ 0⤋
Yes he will have to leave even if he was there first. He can be taken to jail for voilating the order. Say if he's at walmart and she goes into walmart. He can be arrested even if he didn't know she was in there, and she saw him. No it's not permanent. They usually go with a couple months and extend it as needed.
2007-06-26 06:19:28 · answer #5 · answered by me 3 · 0⤊ 0⤋
yes a order is very important to follow
2016-12-16 12:06:23 · answer #6 · answered by may baby 1 · 0⤊ 0⤋
He should not be allowed any where near her and if he is smart he will not even show up a the party.
2007-06-26 06:13:55 · answer #7 · answered by rec girl 4 · 0⤊ 0⤋