Quote:
Originally Posted by JohnnyD
There are people much more informed than I am. However, I believe *he* is in violation of the restraining order.
If someone had a restraining order on me and I was sitting down to dinner, there's not a snowball's chance in hell I would get up and leave because they showed up after me.
Also, aren't restraining orders issued by a judge under state jurisdiction?
I hope all the best to your sister in dealing with a POS like that. It's for situations just like this, that I have stayed in sporadic contact with some of the sketchier people I grew up with.
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RO's only work one way, against the defendent. He can't violate an order issued on his behalf. Defendents always call and say the plaintiff is violating the order because he called me, not so, defendent can call, stop by, if they want. The order only works one way.
Defendents should be weary though, I have seen plaintiffs pick up defendents under the guise of wanting to talk things over, and if the conversation doesn't go thier way they pull up to the P.D. in that area and report a violation.
Judges issue all orders, no one else, and some do get turned down at the time of request. This includes emergency order applications and some orders requested before a judge in probate court during usual court hours.
If they gave him an order and not her one then she didn't use the magic word, fear, in her verbal or written statement, when she applied for it.
I have seen guys who actually needed an order, legitimately from a woman. It cuts both ways. Some gals can't get really deranged.
Many times the judge who is called for an emergency order by duties officers in local p.d.'s is from out of the area, and very rarely does the judge know anyone at the p.d. that is calling him/her.
The other thing that is touchy here is who gets to leave the restaurant when two parties are there, and one has an order against the other. We had this pop up just after the 209's law came into effect. The first person in the restaurant/bar, (our situation happened to be a American Legion Hall), could stay. Even if the second person inside the establishment had an order against the other, a judge in Brockton District Court ruled that the defendent on the order could stay and the plaintiff had to leave.
SECOND IN, FIRST OUT. Legal decisions have become much different in the last few years and that may have changed
, AFTER ALL IF THE PLAINTIFF LEAVES THE RESTAURANT HE/SHE DOESN'T HAVE ANYTHING MORE TO FEAR, RIGHT!
Freebie if she needs any help PM me. I have a contact with a Brockton agency that helps out domestic violence victims, and they know how to help victims in need. She may not go to Hingham District Court, but she will have the right person to contact there for your sister. It may not be that Hull officials did anything untoward at all. Judges really don't give a chit about who is calling them.