My X just bought a house and moved in less than 100 yards away. My restraining order states he can not come within 100 yards from me. Will the District Attorny measure property line to property line? Or front door to front door? Property line to property line is around 88 yards, front door to front door is around 118 yards. I just wonder what the parameters are when measuring. It blows me away that he would even consider moving into my neighborhood, and putting me in such an awkward position.
2007-12-27 11:46:16 · 36 answers · asked by Sally 1 in Politics & Government ➔ Law & Ethics
It's property line to property line. Afterall, he's not going to confine himself to inside his house. This is clearly a violation of the restraining order. It can't be the only house available in your community. You should file a Motion for Order to Show Cause why he should not be held in contempt of Court for violating the Court order. Judges are not happy when their orders are disobeyed.
2007-12-27 11:51:47 · answer #1 · answered by David M 7 · 7⤊ 0⤋
It is irrelevent how close his property is to yours. The 100 yard distance in your restraining order is 100 yards from YOU, not your house or your property. Also, in some jurisdictions, they do do not count his place of residence unless the order explicitly states that he can not have a residence within a certain distance of your house. It sounds like he found a loophole. MOVE AWAY NOW, get a PO Box and an unlisted phone number. This will prevent him from being able to look up your address in the future.
2007-12-27 12:28:11 · answer #2 · answered by jglawson80 3 · 1⤊ 1⤋
Are you able to move?
You know what would be really good news here, is that if you were in rented and he bought privately and was hashed with a mortgage and you just gave up the tenancy and moved... haha!! Vicious bit arent I??
He is being such a petty minded as s and maybe your best bet would be to ignore him. That way he can see for himself that you are not bothered any more which I think will do far more to his already dented ego than you making a huge song and dance over it.
Making a big fuss will just give him reason to think you still care, and you dont do you? Eh? GIRL POWER!!
Hope it all works out for you!
2007-12-27 12:11:07 · answer #3 · answered by ? 5 · 0⤊ 0⤋
yes he is and more to the point this is just another example of how crazy the legal system is. The fact that he is allowed to violate his restraining order amounts to harassment and stalking of you. It shows that the legal system has such utter contempt for victims of crime such as you which is so wrong. Get your attorneys/lawyers onto this straight away. This must be stopped, you are the victim of crime here, you are a person with thoughts feelings and above all else you have rights. The right to live in safety, and free from fear to name but one etc. The legal system is frankly a sham. The sooner that victims of crime are put back at the centre of the justice system the better!.
You have my full support 100% whatever you decide to do. I hope that you get this matter resolved quickly.
Soapwatcher
2007-12-27 12:02:57 · answer #4 · answered by SOAP WATCHER 2 · 0⤊ 1⤋
Not trying to be nosy or overbearing but seeing you have the order it sends chills up my spine!! Sally what are his motives for moving in right next door to within an or inches of your property? Your offender moved in next door? Thats really creepy and i hope you would agree its to close for comfort and if he's really that dangerous i would be really afraid what if he snaps one day will you be the victim of his anger or unpredictable behaviors? usually when ppl have to even get an order things are already way out of control!!! i'm scared for you would you pls consider having some back up methods of emergency while he lives there just in case especiallly if there are children at home as well everyone's well being is at stake as long as he lives there - find out legally what you can do to change the distance on the order and force him out thats what i would do.
2007-12-27 13:20:11 · answer #5 · answered by julie j 1 · 2⤊ 0⤋
I obviously don't know the exact terms of your order, but it may simply be 100 yards from your person, as opposed to your property.
However I would certainly take this to your lawyer, as even if it doesn't directly violate the terms of the order, it may be cause for a judge to clarify.
2007-12-27 11:51:01 · answer #6 · answered by Nathan Junior 3 · 3⤊ 0⤋
Contact your lawyer and see to it that the judge who issued the order knows immediately also... Your ex may be under the impression that the specific number of yards he is away from you is all that matters... if however the court finds it to be intimidation or harassment, he may be facing much worse. Stalking is a serious crime now... and if they consider him an imminent danger to you (depending on what he did to you to deserve the RO) there may be more you can do.
2007-12-27 12:05:02 · answer #7 · answered by Anonymous · 1⤊ 0⤋
It shouldn't matter the measure. It is clear he is about to harass you at any point of time. If he walked down the street or even drive down the street he will be in front of your property and YOU! Where are the mailboxes? Where does the garbage go? I would stand for it, high tail it to the prosecutors tomorrow morning and raise cain.
2007-12-27 11:55:02 · answer #8 · answered by rustyoldma 5 · 2⤊ 0⤋
It depends on the laws of your jurisdiction for how it must be measured. However, you should go see an attorney in your area NOW. Your safety does indeed depend on it. If your ex is not violating the restraining order, it is probably to your benefit to MOVE to a different location, and get a PO Box so that your ex can send anything to your box and not directly to you (so he/she doesn't have your address). Go get an attorney.
2007-12-27 11:50:36 · answer #9 · answered by cyanne2ak 7 · 2⤊ 1⤋
Your ex sounds like a kook. He pulled this off without you knowing about it until he moved in? Come on! You should have done something about it sooner.
Go back to your attorney and let him/her fight this for you. Your ex might possible have to pay your attorney's fees in addition to all of his other associated costs for being such an a*shole and worse.
2007-12-27 11:53:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋