If a husband hurts his wife, and she calls the police, say in the middle of night or any other time, will they remove him from the house? and for how long, if he hits her, how quickly can you get protection from a restraining or protective order? can the police just walk away and leave him in the house??
2007-12-20 09:28:34 · 14 answers · asked by l 2 in Politics & Government ➔ Law & Ethics
They will probably interrogate him and ask him questions, then torture, then jail, then a possible execution.
2007-12-20 09:31:12 · answer #1 · answered by Help 2 · 1⤊ 1⤋
It depends on the state you live in, but more and more states are enacting tougher domestic violence laws. In most states that I have lived in (in the western US), if the police are called on a domestic violence call, and they see evidence (bruises, etc.) then someone is spending the night in jail (to 'cool down'), and will probably face charges (abuse, battery, etc.).
As for the restraining order, I've had friends that have gotten a 30-day order in a matter of a day-or-two. A longer restraining order (or permanent one) requires a hearing. A temporary one only requires a judges signature. Again... this might not apply to your state -- it only applies to places I have lived.
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2007-12-20 09:35:10 · answer #2 · answered by tlbs101 7 · 0⤊ 0⤋
You can get a court order immediately within minutes when you go to a courthouse. If you involve the police immediately (say, in the middle of the night), then can keep him away until the court opens. The police cannot walk away from a domestic situation like that if she says he hurt her physically.
2007-12-20 09:31:58 · answer #3 · answered by ***~*** 6 · 0⤊ 0⤋
There are a lot of different domestic violence laws in a lot of different jurisdictions.
Generally, the agressor in a domestic dispute is taken into custody for the night.
Restraining orders are issued by judges and magistrates. Some work at night, others do their work during the day.
2007-12-20 09:32:22 · answer #4 · answered by Stuart 7 · 0⤊ 0⤋
you can get an emergency protective order generally the next day. can't get one in the middle of the night because the judge is sleeping and he doesn't carry a pager.....that PO is temporary until a hearing can be schedule in which case the husband tell his side of the story. if he doesn't show up, then you get a permanent PO by default.
if he hit you, they will take him to jail and not leave him in the house. the cops aren't going to walk away if he physically abused you.
2007-12-20 09:33:00 · answer #5 · answered by Heather Honey 4 · 0⤊ 0⤋
Mr Soprano does them to order - 5minutes
Domestic violence is a real tricky area for the law - the police hate to get invloved. The wife has to go to a lawyer.
2007-12-20 09:30:37 · answer #6 · answered by Wayne ahrRg 4 · 0⤊ 0⤋
The main thing is she should get the police and ask to specifically speak one-on-one with a female law officer. And let her know that she feels that her life is in danger . . . Immediate help should be there . . .
2007-12-20 09:32:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
nope
he will be arrested
you can get the restraining order first thing the next day before he gets out of jail
2007-12-20 09:34:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
1. It depends how bad she is hurt. Cops hate domestic violence calls.
2. Depends on the courts, and it depends if charges were filed, it depends...
3. They can. They have discretion.
2007-12-20 09:32:12 · answer #9 · answered by a_shrubbery_knight_of_ni 3 · 0⤊ 0⤋
they take him to jail and the time he spends in there is plenty of time to have a restraining order....... takes about a day
2007-12-20 09:31:11 · answer #10 · answered by uh yeah 2 · 0⤊ 0⤋
No they cant remove him from his own house and restraining orders have waiting periods):
2007-12-20 09:31:52 · answer #11 · answered by luvlynpie 1 · 0⤊ 2⤋