Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-28-2005, 11:58 AM
Junior Member
 
Join Date: Mar 2005
Posts: 2
Question

Lack of investigation and public humilation


What is the name of your state?What is the name of your state?What is the name of your state? Maryland
I was wondering how to go about helping a family member with his situation. To make it short he was arrested and kicked out of his house because his wife said that she felt threatened after he had punched a hole in the wall and broke a computer. His son who lives there at the time came home and found no hole in any wall and actually used the computer when his father had called and asked as to whether it was damaged. The police never looked at anything in the house...just arrested him. They had not been getting along at the time and it seemed she wanted to find a way to get him out of the house. He is now not allowed back on the property for a year. She then filed a complaint in which he will appear in court this week when he went and helped his son fix his car...which was parked on the street..not their property...so he could get back to college. She was not even home at this time. The this past weekend he stopped by the house....parked on the street in front of their driveway and dropped his son's birthday card off to him before he went back to college. While this was happening his wife called the cops and they came and arrested him putting him in shackles, handcuffs and some sort of waist attachment. How can they do this when (1)He wasn't on her property (2) He didn't say anything or attempt to contact her (3) There is no restraining order. Isn't this a bit much? What can he do? She is obviously abusing the system and using it to humiliate him. The son is 22 years old and not a minor.
  #2  
Old 03-28-2005, 01:00 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by burdmatt15
What is the name of your state?What is the name of your state?What is the name of your state? Maryland
I was wondering how to go about helping a family member with his situation. To make it short he was arrested and kicked out of his house because his wife said that she felt threatened after he had punched a hole in the wall and broke a computer. His son who lives there at the time came home and found no hole in any wall and actually used the computer when his father had called and asked as to whether it was damaged. The police never looked at anything in the house...just arrested him. They had not been getting along at the time and it seemed she wanted to find a way to get him out of the house. He is now not allowed back on the property for a year. She then filed a complaint in which he will appear in court this week when he went and helped his son fix his car...which was parked on the street..not their property...so he could get back to college. She was not even home at this time. The this past weekend he stopped by the house....parked on the street in front of their driveway and dropped his son's birthday card off to him before he went back to college. While this was happening his wife called the cops and they came and arrested him putting him in shackles, handcuffs and some sort of waist attachment. How can they do this when (1)He wasn't on her property (2) He didn't say anything or attempt to contact her (3) There is no restraining order. Isn't this a bit much? What can he do? She is obviously abusing the system and using it to humiliate him. The son is 22 years old and not a minor.
How can they do this when (1)He wasn't on her property (2) He didn't say anything or attempt to contact her (3) There is no restraining order. Isn't this a bit much? What can he do? She is obviously abusing the system and using it to humiliate him.

He is now not allowed back on the property for a year.



Your facts are a little jumbled, but it sounds like to me that he indeed has a restraining order against him and he violated it by doing the stuff you told us about.

Last edited by seniorjudge; 03-28-2005 at 01:03 PM.
  #3  
Old 03-28-2005, 04:15 PM
Junior Member
 
Join Date: Mar 2005
Posts: 2

No order


There is no restraining order placed in this case. He simply has been ex parte'...cannot go on the property for a year. He has not stepped foot onto the property. The two times he has met his son there he has been on the street, public property.
  #4  
Old 03-28-2005, 04:18 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by burdmatt15
There is no restraining order placed in this case. He simply has been ex parte'...cannot go on the property for a year. He has not stepped foot onto the property. The two times he has met his son there he has been on the street, public property.
Here is one definition of a restraining order: He simply has been ex parte'...cannot go on the property for a year.

There may also be in that restraining order, other conditions, such as not going within so many feet of the property line, etc.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:18 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.