Order For Protection

[cjdStar]

What is the name of your state (only U.S. law)? Minnesota

Can a judge issue an Order For Protection without a qualified petitioner requesting one and AGAINST the wishes of the victim?What is the name of your state (only U.S. law)?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Minnesota

Can a judge issue an Order For Protection without a qualified petitioner requesting one and AGAINST the wishes of the victim?What is the name of your state (only U.S. law)?

Yes they can.

 

[stealth2]

I think you'll need to explain the situation.

 

[Hot Topic]

Sounds like her boyfriend physically abused her, but she has decided she doesn't want to press charges so that he'll be free to do it again. She will then come back and tell us that he "loves" her, but he has a bad temper, is frustrated by being out of work, was justified in hitting her because she (fill in the blank), etc., etc.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Minnesota

Can a judge issue an Order For Protection without a qualified petitioner requesting one and AGAINST the wishes of the victim?What is the name of your state (only U.S. law)?

Happens all the time (well, not ALL the time, but frequently).

Person A calls the police and files a DV report against Person B. Police come and investigate and find reason to believe that B actually did harm A. Person A changes their mind and says he/she doesn't want to prosecute B. District Attorney decides that there's enough evidence to prosecute even without A's cooperation - and wins the case.

You may not like it, but I'd bet just about anything that there are people alive today because the above scenario occurred rather than the DA dropping the case.

 

[stealth2]

Sounds like her boyfriend physically abused her, but she has decided she doesn't want to press charges so that he'll be free to do it again. She will then come back and tell us that he "loves" her, but he has a bad temper, is frustrated by being out of work, was justified in hitting her because she (fill in the blank), etc., etc.

It could also sound like OP abused his/her partner and convinced said partner an RO isn't necessary.

Such assumptions we jump to. Hence asking for more information.

 

[Hot Topic]

I'm betting our assumptions are right on.

 

[LdiJ]

It could also sound like OP abused his/her partner and convinced said partner an RO isn't necessary.

Such assumptions we jump to. Hence asking for more information.

Its so "classic".

Some friends of mine have recently taken in the husband's sister. DV was going on in the house and the neighbors called the cops and the cops actually witnessed, through a window, him trying to choke her to death. The police broke the window and hauled the husband out through the window.

The victim is now several states away from the abuser but the abuser is contacting the victim constantly alternately begging and threatening and claiming that he loves her and cannot live without her and will commit suicide if she doesn't return to him, etc, etc...and she is halfway buying into his BS...and considering not returning to testify so that he doesn't have to go to jail...sigh...and halfway considering returning to him.

I will never understand people who can even consider that...not at that level.

I can maybe understand a couple getting into a shouting match and maybe pushing each other around a bit, but not like that...not that level of violence. I cannot understand someone being so "needy" that they would ever contemplate not prosecuting or contemplate returning to someone after that level of violence.

I will NEVER get that.