Restraining order

[totalstress2222]

What is the name of your state (Indiana)? Can a restraing order be issued and be enforced for the two years on accusations that were never proven three years ago?

 

[OHRoadwarrior]

Ask your lawyer. We cannot speculate and the Magic 8 ball is out for calibration.

 

[totalstress2222]

If we could afford a lawyer we wouldn't be looking for answers!

 

[OHRoadwarrior]

If we could afford a lawyer we wouldn't be looking for answers!

If we had all the information, you might get discourse and speculation. You only gave one sentence to encompass 3 years of activity.

 

[sandyclaus]

What is the name of your state (Indiana)? Can a restraing order be issued and be enforced for the two years on accusations that were never proven three years ago?

Please clarify. Are you asking if an RO can be issued NOW, to last for 2 years from now, on accusations that couldn't be proven 3 years ago?

The answer is a definite MAYBE. It depends on whether or not a judge believes the accusations NOW and whether or not they are sufficient to warrant the issuance of an RO.

I'd tend to think NO, for one specific reason. If the RO wasn't sought over the last 3 years, then the threat obviously isn't bad enough to warrant a current RO NOW. Of course, if the same issues exist now, then more recent evidence can be presented in order for the judge's consideration.

 

[stealth2]

If we could afford a lawyer we wouldn't be looking for answers!

Is the restraining order against you, or your husband? And why?

 

[single317dad]

Indiana is very liberal with orders of protection, specifically the ex parte variety. If an ex parte order is requested, it's quite likely it will be granted. The court will usually take the complainant at their word when initially issuing the order.

The good news is that once an ex parte order of protection is issued, the respondent can ask for a hearing on the matter, which will occur within 30 days of the request. I've seen (and had, personally) success with having unfounded orders of protection dismissed. The courts are generally much more fair, and more interested in actual evidence than claims of being "fearful" at these hearings.

The bad news is that the complainant can refile the matter, and there's not much anyone can do to stop that.

 

[totalstress2222]

resraining order

The order is against my husband, they had a lengthy child custody battle. The daughter passed away from cancer. The day of visitation services the cops issued him a protective order so, he was not allowed to attend the viewing or the services for his daughter. There was never a order granted on the accusations from three years ago. He has not spoke to the ex in three years or been around her. All related issues was dealt with through family. The order he received and which was granted for 2 years was solely based off her accusations from three years ago. In which she has sent third party texts to him recently. The order states he cannot go near the the area school where his company does some work and we have other children that attend. It is a sad case I assume done out of spite.

 

[single317dad]

Was there a hearing, or was the order issued ex parte? If the order was issued without his presence, he needs to ask the court for a hearing, and go to that hearing, and convince the judge to dismiss the order. He needs to boogie it down the the court today and get this process started, instead of leaving it to his wife to ask questions on an internet forum.

Unfortunately, that will not undo the damage of missing his daughter's funeral. I have to think there were some pretty serious accusations made for the police to decide to serve and enforce an order of protection on that particular day.

There is nothing you can do. You are not a party to the case. Your best bet is to stay out of the matter entirely.

 

[stealth2]

Ditto single317dad.

 

[totalstress2222]

I have not been in it, it was their child and their issues. He asked me to post so, I did. I will relay the information to him to goto the court.

 

[stealth2]

What is the name of your state (Indiana)? Can a restraing order be issued and be enforced for the two years on accusations that were never proven three years ago?

Now that you have provided more detail, obviously a restraining order CAN be issued under the circumstances. As singledad posted, now it's up to Dad to take action.

 

[latigo]

. . . . The answer is a definite MAYBE. . . . . .

Try this oxymoron for size: "truly PRETENTIOUS".

 

[totalstress2222]

This is the dad, and yes I have filed to have a hearing. No, there was not strong accusations made other than yelling, there was no threats or physical abuse! The town cop was in tears as he had to enforce the order he know it was crap. I'm sure she will get away with her false accusations. I have no way of proving accusations that are not true! I would think if one was fearful of their life or felt threatened they would not wait three years to file an order. It was a tactic to hurt me and keep me from my final good bye's to my daughter.