It is our policy to publish any and all restraining order questions, as long as no persons right to privacy is violated. Any answers to any restraining order questions must not be mistaken for legal advice. We are not attorneys, and thus are not qualified to give any legal advice. We can however share our opinions and our experiences with the legal system, as it pertains to restraining orders.
There was a restraining order put into place on a mother.
The father filed the restraining order. Under that restraining order
was placed the child of the mother, the girlfriend of the father, and
her son.
The father went to prison. Is the restraining order still in place for the
girlfriend? Can the girlfriend legally press charges under the restraining order?
She did press charges and won with no evidence. Her word against the mother.
Never the less, can girlfriend legally press charges, or would it have to be the
father?
I am not an attorney, nor do I have all the facts in this case, so please do not take my answer to your restraining order violation question as any form of legal advice. The answer I am about to give is only my opinion. The fact that the father went to Prison matters not, because evidently the restraining order was still very much in place. If the restraining order wasn't still in effect, the girlfriend would not have a case against the mother for violating it. No Prosecutor (The attorney for the state) would never have got a conviction, on a vacated restraining order. Many trials for the violation of a restraining order are based on what is known as "He Said, She Said" testimony.
ReplyDeleteAs far as pressing charges goes, it is always the State that presses charges in a restraining order case.
Jails are full of otherwise law abiding citizens, who violated a restraining order. Often, one partner in a relationship will get into a verbal disagreement, and the next thing this person knows a Police Officer shows up, because a neighbor heard them arguing. The Police convince them to take out a restraining order. The couple make up, and the Police find the 2 of them together, and arrest the Man for violating the restraining order. The Woman tries to get the charges dropped, but the State ignores her, and prosecutes the Man anyway. Often, the Police will scare the Woman, and even threaten to arrest her for Perjury, if she does not cooperate with them.
Please sign: https://www.change.org/p/utah-state-governor-and-law-makers-change-the-laws-governing-protective-orders-set-an-automatic-expiration-date-as-other-states-do
ReplyDeleteThank you.