Protective Order

Question: protective order? If I, the victim, lives in the same county as the abuser, can i get a protective order from another county? I live in TX, and my county will not do the protective order. Can I get one in another county? If so, how do I go about doing this? ok, i didnt deny the PO and yes a crime did occur, however the judge in this county doesnt feel that sexual crimes should have a protective order placed. Therefore I am trying to find out if I can get one in another county to stop the a**hole that molested my daughter from trying to see her.

Answer: Your question is phrased a little confusing. It sounds like you are explaining that you are the victim? Both you and the abuser live in the same county and that county denied your protective order. You are asking if you can go to a neighboring county and try to obtain a protective order from them? Am I correct? The protection order should be issued in the county where you live and usually the emergency protection order would be issued in the county where the crime occurred. Did a crime occurr? Or are you just trying to get a restraining order? I think you should try to regather your info and explanation as to why you need a restraining order and return to your county. Going to a neighboring county isn't going to help or make obtaining the order any easier. Trying to explain to them why you are in their county when you don't even live there is a little odd. Good luck to you.

Question: Protective order? My boyfriend has a protective order placed on him by his ex-wife. She has recently started calling him to talk about their son. Can he get in trouble for talking to her if she initiated the call?

Answer: You need to check the conditions of the protection order. It may have an exception for civil conversations about the child.

Question: How long does it take for protective order hearing papers to be served? Filed a week ago today for a protective order against someone that lives 1.5 hours away. The hearing has been set for dec 13. How long will it take for this person to be notified? How will the thanksgiving holdiay effect the notification?

Answer: depends if they have a valid home address, place of employment or if the person is avoiding service. it should be served anytime now, the holiday probably delayed it by a day.keep in mind process servers or the sheriff or whoever have a lot of papers to serve, yours isn't the only one.

Question: Would a judge remove a protective order if asked by the person the order is against? My Ex pleaded guilty to felony domestic battery. He tried to kill me in front of my kid- part of the plea he took included protective order for three years, Now he is trying to remove it so he can see our kids. Will the judge remove it??? It hasn't even been a year.

Answer: I seriously doubt it. Not after such a short time, if you oppose it.

Question: How do you get a protective order removed? I placed a protective order and now I want it removed since the person is no longer a threat to me. How do I remove it? State of Texas.

Answer: You have to petition the court. Only a judge can remove the order.

Question: What does third party mean in a protective order? My boyfriend took out a protective order on his ex girlfriend, she has constantly harrassed us both. His order states that she is not to even have third party contact. Does that mean she can not keep harrassing me as well?

Answer: Third party contact is when you tell someone else to pass on a message on your behalf. If the ex is saying "tell him I said this..." then that would be illegal. If she is just bothering you in general, then you need another restraining order with your name listed on it.

Question: Can you file a protective order in another county Indiana? I need to file a protective order against someone that lives in another county. Do I need to do it in my county of residence or the other person?

Answer: You can obtain a protective order against anyone and then it goes to a judge for approval. The trick in your situation is that before it is enforceable, it must be served on the respondent. No other country is going to serve an order on a person under US law. Just as we do not enforce the laws of other countries here. All US states have interstate packs to enforce injunction and protective orders, but there are no international laws to enforce them. So, the bottom line, unless it is served, its never going to be a valid order.

Question: Does a permanent restraining order work the same as a temporary protective order? My friends mother is going through a divorce from an abusive husband and has a TPO on him, and if he contacts her in any way she can call the police and he will be immediately removed from her vicinity. Once the temporary protective order is out and the permanent injunction begins will it still work this way, or will she have to go to court and file charges every time he violates it? And we're in Georgia if that matters

Answer: The permanent order holds more power than the temporary, if he is served with the permanent order and then makes contact he can and will be arrested and the state would be the complaintant in the case.~~~

Question: What can I expect at a protective order hearing? I just got a temporary protective order from my now ex boyfriend I've been living with. I have 2 court dates to attend. What is the process at these hearings? Do I have to rehash the events of the evening?

Answer: A judge will hear your story and determine whether you have reason for the protective order.At the same time,your boyfriend must demonstrate that he is not a threat to you.If he violates the order,he goes to jail.The judge has to be convinced that your life is in danger before making it permanent.Your boyfriend can also take you to court for your share of rent,utilities,etc.If you lived together more than two years,you have a "common Law" marriage.As such,he has rights too.

Question: How to get out of a lease early when a protective order is in place? My ex-girlfriend was recently granted a final protective order and I can no longer stay in the apartment. Both of our names are on the lease and to my understanding we both have to agree on an addendum to have my name removed. Are there any other options to get my name off of the lease? She is not going to sign the addendum, is there any other options? Is this something I need to bring to the courts attention?

Answer: First off, I would take my name off of the lease as soon as possible. All you have to do is go to the apartment manager and ask that your name be taken off of the lease. The manager may have a form on hand or may have to type one out, but agreements to take your name off of the lease aren't hard to do. You don't have to be in the same room, just have your ex-girlfriend sign on one day, then you come in on another day to sign it. The apartment manager would sign also as a witness of both signatures. Be sure to get a copy of the form after it is signed by all parties. Good luck.

Question: what is the punishment for breaking a protective order in louisiana? : someone i know had a warrant issued for violating a protective order,he has been arrested and is still in jail,the victim signed an affidavit to drop the charges,his arraignment to see the judge is coming up in august,he will have served six weeks by then,what are his chances of getting out or what could happen to him, and could it be a long sentence,please,i need to know....p.s..he is being held on a $20,000 bond.

Answer: I would speak to his/an attorney first, but as far as I know, the fact that that person has now "dropped the charges" doesnt matter. The justice department doesnt want any witness tampering.

Question: How to defend a date violence protective order in FL? How do you defend a date violence protective order in Fl? I have witnesses that see what happened on the incident in question. I have printed copies of times since the temp. order was issued that the petitioner tried to contact me, and I have witnesses to other incidents where the petitioner came at me. I can't afford an attorney, but don't want to lose the case and have to pay court costs, which I also can't afford. Any advice on what to file and how to defend myself?

Answer: If you cant afford an attorney, try to find a free legal aide association. Many lawyers volunteer time.

Question: What are the restrictions on me when someone has a ppo (personal protective order) on me? Someone has a ppo (personal protective order) on me and I was wondering about the restrictions against me EX: Can I get a CCW? Can I get a law enforcement job? Will it affect job opportunity? How can it affect me in the bad ways?

Answer: Most likely you will not be able to get a law enforcement job. And many employers are now doing background checks and your PPO will show up. Since this is given to someone that has a tendency to be violent, you are less likely to get hired. Your best bet would be to seek anger management classes or see if there is a Celebrate Recovery group in your area and work on yourself. When you can show that you are no longer a threat to your ex, they are more likely to drop it and you are more likely to go on with your life. No one is worth the trouble you can get in to by being violent.

Question: Does custody evaluators send report to Judge and Judge sends out report with protective order? Do custody evaluators always send reports to Judge directly? What kind of protective orders can Judge give based on the report? Can it be restraining order against an abuser? Can it be protective order for the child from abuser? Please answer if you know about this subject.

Answer: To apply for an order of protection ? You need to request it yourself and report it to the Judge / Court that you need one. You should contact an attorney. Do not proceed with this process without the advice of an attorney, or you could face severe legal consequences, including giving your advice. Reference these free sites for free advice / assistance. I ran across these sites when I was looking for advice. * The Law Guru Site is a great source for FREE legal advice. It is free and has real / licensed lawyers. Don’t forget, lawyers will meet with you for an initial meeting for free. Also, nowadays, many lawyers will make arrangements with you for payments on a weekly, bi-weekly basis. Don’t forget, licensed professionals, like everyone else, are having a hard time making ends meet. They are willing to work with you. Just get out your telephone book and start calling them (if you don’t want to check out the site). * The Dads House Forum is for men and women who experience the unfairness of child custody and child support issues. * The Guardian ad Litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency, as well as the interest of the parent or guardian. We control our own destiny. Peace. ☺♥☻

Question: Is an application for a protective order considered public information? I know someone who got a protective order, by committing perjury, against a member of my family. I'd like to see a copy of what she submitted to the court. Is it considered public information?

Answer: Unless it was sealed, yes. Just go to the court where the order was filed.

Question: Does a protective order include phone calls and letters from jail? He was arrested for domestic abuse and a protective order was issued. She receives phone calls and letters from him (from jail). Is this legal?

Answer: It depends on what the order says. She certainly should not be accepting calls. That might void the order. (Just an opinion. I am not in law enforcement).

Question: Is a protective order valid in a state other than the one it was issued in? Is a protective order valid in a state other than the one it was issued in?

Answer: It is a gray area of the law if it is DIRECTLY enforceable in another state. That said, if you file the order in the new state, you have a 99% chance of the new state granting an essentially identical order. Yoli: A protective order is not 'sort of like' a restraining order. It is another term for EXACTLY the same thing.

Question: Whats the difference between a protective order and a restraining order? Whats the difference between a protective order and a restraining order? I have someone I might have to report as much as i dont want to i think he may pose a threat to me and my family. Someone told me one of them werent enforced by the police. (Texas) if it matters

Answer: A protection order, usually called a TPO (temporary protection order) is issued in cases where urgency is at hand, such as domestic violence situations. It can be issued on the spot by any law enforcement officer. If the defendant violates the TPO, he will be arrested and charged with the violation. A restraining order is issued by the court. It can be issued for a variety of things (harassment, stalking, assault, etc). It is not enforceable by law enforcement. If violated, the petitioner would have to go before the issuing court and advise them. The judge could then find the defendant in contempt of the order and fine them or give them jail time.

Question: Is there such a thing as a protective order being in place against a location? My sister in law is stating that there is a protective order that has been placed on my husband preventing him going a certain location. Is it possible? I've never heard it being done before.

Answer: It is possible so you should ask to see a copy of the order. If your husband has a protective order of any kind against him, he should have been served with a copy. If he doesn't know anything about it, then he needs to hire a lawyer. As for that protective order being against a location, let me give you a good example. Say a certain couple are married and one spouse beats up the other spouse and threatens to kill them. It is quite possible for the judge to ban that spouse from the marital property as well as from contacting with the victim. Good luck and God bless.

Question: Is it possible to cancel a protective order? My husband and I got into an argument today. He hit me a couple times. I went down to the court house and asked for a protective order against him. All I asked for was to have him ordered to go to counseling with me and anger management. Instead, the judge orders him to stay away from me for a week. I didn't want that! Is it possible for me to cancel everything? Also, I live in Maryland.

Answer: Protective order can be cancelled if the party who requested it ask the court for its cancellation.