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My son's ex had the courts place a domestic violence restraining order issued against my son...?
He didn't commit any violence upon her, but they lost their home and to avoid having to live on the streets, she lied to the police so she could get into a women's shelter. He is living in a van and trying to get his life together, but she just keeps showing up like nothing's wrong and will not leave. She eats his food and uses the supplies that he works so hard to provide himself. If he is seen with her, he will be arrested. He has asked her numerous times to stay away, but she tells him if he doesn't stop, she will call the police herself and have him arrested. Is there anything he can do to get her away from him without risking arrest? If he calls the police, will they listen to what's going on, or will they just arrest him for violating the restraining order?
4 Answers
- 8 years agoFavorite Answer
First off, he doesn't "get arrested" if "he is seen with her". The cops don't go around looking for that kind of thing. Other people can't call it in, either. The cops have to have a copy of the restraining order they can reference before they will arrest someone for violation of it. So this woman could call at any time & have him arrested for it, but it's not ANYONE, ANYWHERE that can have him arrested.
It's not illegal for her to violate her own restraining order, but he can absolutely call the cops if she comes to where he is staying & refuses to leave. He can file a motion to have the existing restraining order vacated. That is what he should do IMMEDIATELY. But he will have to have proof she lied to obtain the order, or proof that she is willingly violating the order herself. He could probably record her coming to his home, or have a witness there when he tells her to leave. He needs to secure proof, & then file for the order to be vacated.... ASAP. Otherwise, he is risking having a CRIMINAL charge on his record, & possible jail time. A restraining order violation charge will be on his record FOREVER. This could negatively impact or even ruin the rest of his life. HE NEEDS to address this issue NOW.
Source(s): I have a lifetime RO against an ex, & I have an attorney. - 8 years ago
He should go to the police and explain his situation. This id not that uncommon of a problem. I work at a police station. We see it from time to time. Police like honesty and respect. If your son goes about this in a respectful manner you should be fine.
- garwig1Lv 58 years ago
She's coming over to his van? Why is he opening the door for her? Lock the door and drive away. Problem solved.
