I am a victim of domestic violence. I lost my job due to stress, lost my apartment, dont have any family in this country at all, no money and with the freezing temps had to go live with my mother inlaw. My mother inlaw got temp custody through the police of my daughter because I could not support her. So my daughter is there now so I can be her mother again.
The only thing is my ex is there. He has a restraining order and is not allowed to come near me. I should not be there but I have absolutely nowhere to go. Cant get help with social services because I am a permanent resident and you sacrifice your residency when you get help with social services.
My question is to any lawyer or someone who knows about this stuff is if he beats on me (lastnight he punched me in the throat and I got it on recording) and I call the cops can I get arrested for being there when he is the one with the restraining order not me? Thanks.
2007-12-19 08:47:56 · 7 answers · asked by aussie chick 1 in Politics & Government ➔ Law & Ethics
First of all get out of there and get to a shelter, and get your daughter back. The counselors in the shelter will help you and maybe even be able to find you work and a place of your own or a roommate. Don't take any more abuse from your husband, and don't leave your daughter in that environment. Good luck.
2007-12-19 08:57:19 · answer #1 · answered by Diane B 6 · 1⤊ 0⤋
I'm pretty sure a restraining order goes for both parties. You can't put one on him, giving him restrictions on your interaction, and then purposefully enter into those restricted areas.
That doesn't mean that he is free to do as he pleases when you break the restraining order. Two wrongs don't make a right. So, yes, you can call the cops and have he arrested for domestic abuse. But you may receive some lesser charges for violating the restraining order. But they might take pity on you and not press any charges at all....you never know.
Regardless of this, you need to find another place to stay. As for sacrificing residency for seeking social services....another smack in the face to legal immigrants.
2007-12-19 16:54:25 · answer #2 · answered by smellyfoot ™ 7 · 0⤊ 2⤋
If he violated the restraining order when he punched you in the throat last night, notify the police. If you violated it, you're asking for trouble. If you're in the U.S., contact a Legal Aid office and make an appointment to see what your options are. They charge on basis of what you can pay, if at all. You can also go to a domestic violence shelter for women and children.
2007-12-19 16:54:50 · answer #3 · answered by beez 7 · 0⤊ 1⤋
> Cant get help with social services because I am a permanent resident and you sacrifice your residency when you get help with social services.
Not true at all.
My gf worked with a social services agency where the clients were immigrants, some legal, some residents, some not so much :)
You need to get on the phone to the nearest woman's shelter or even a rape crisis center and tell them your situation and ask for referrals.
2007-12-19 16:54:05 · answer #4 · answered by Barry C 7 · 0⤊ 0⤋
Yes he can use it against you if he files, and could cost you more then court cost.
If he calls the police and your pursueing him with a protective order , tisk ,tisk.
If he's not been told to leave that residence you, are not to "haunt" him.
That is a nasty file to have in your records .
Admittidly they are needed , but they are 1 sided and easy to get.
And public record.
If he ever gets smart enough to file a motion for dissmissal....
You will be subpenaed to appear in court each and every time. weather he gets it dropped or not.
Get rid of it as soon as ya'll level out, If he violates you criminally he will still suffer a much harsher sentance, (having the prior) then if you never filed one.
Living and dying with the choices we make is serious buisness.
And are made to have lasting effects on everyone.
2007-12-19 18:29:37 · answer #5 · answered by "Not today, Zurg!" 6 · 0⤊ 1⤋
HE is the one with the restraining order, not you.
If your mother-in-law allows you to live there then HE HAS TO LEAVE.
The fact that you've allowed him to be there up till now is legally irrelevant. It's the COURT that issued the order, not you. If you call the police he will be arrested. You are not breaking any law.
Richard
2007-12-19 16:52:35 · answer #6 · answered by rickinnocal 7 · 0⤊ 0⤋
Depends on if he was a resident there when you moved in. One of you is violating the order. If he doesn't live there, he is under the order and should not be there to beat you up. Is your MIL allowing this treatment?
2007-12-19 16:55:48 · answer #7 · answered by sensible_man 7 · 1⤊ 0⤋