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Question about restraining order violation

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lilybear

Guest
What is the name of your state? Maine

My mom has a temporary restraining order against her boyfriend for domestic violence. He was arrested and as a condition of his bail he is not allowed on my moms property (where i currently live) nor is he allowed to call etc.. So of course, he calls and my mom goes and meets him and brings him to her house. I would like to know what would happen if i were to call the police, i know he would be arrested but would my mom also be considered in violation? My mom is unstable, and her bf knows which buttons to press. I feel bad about getting my mom in trouble but I feel like if she cannot stand up for herself i need to do it for her. I have a baby brother and my own baby daughter in the house and i certainly do not want to be alone with this guy, and i dont want him near the kids. My baby brother is his son and according to the order he is not allowed to have contact with him as my mom was granted temp. sole custody. Please help me out with any suggestions and if anybody is familiar with restraining order violation, please let me know what you think. Thanks.
 


WyattJ

Member
Ask the police. They would know more, but I'm from IL and the laws here state now that if I were to get a restraining order on my ex (which I have had 3 now - no current) and of course, if he violates it then he can be arrested but if I was to bring him back to my home I can also be arrested. They now in IL consider that lying in court about being afraid of him. Of course, you have to have proof if someone is not abiding by the law, also that I would not be aloud to drop the restaining order or I can go to jail. But that is IL law.

Good news, I've been married for the last 4 years even though the last PO was just this last summer because of my son and I (yes he fathered my son), but in that case usually the father being abusive has to be evaluated or take classes to be able to have any visitation with child.

I hope I helped a little. I know laws in different well are different. Good Luck...keep us posted.
 
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hexeliebe

Guest
My mom has a temporary restraining order against her boyfriend for domestic violence. He was arrested and as a condition of his bail he is not allowed on my moms property (where i currently live) nor is he allowed to call etc.. So of course, he calls and my mom goes and meets him and brings him to her house. I would like to know what would happen if i were to call the police, i know he would be arrested but would my mom also be considered in violation? My mom is unstable, and her bf knows which buttons to press. I feel bad about getting my mom in trouble but I feel like if she cannot stand up for herself i need to do it for her. I have a baby brother and my own baby daughter in the house and i certainly do not want to be alone with this guy, and i dont want him near the kids. My baby brother is his son and according to the order he is not allowed to have contact with him as my mom was granted temp. sole custody. Please help me out with any suggestions and if anybody is familiar with restraining order violation, please let me know what you think. Thanks.
The police will probably do nothing as well as the courts. Your mother is an adult and although she cannot be held criminally liable for HIM breaking the RO, she will have one hell of a time getting the police or the courts to listen the next time he beats the crap out of her.

You have only two options that I can think of.

1. Sit your mother down for a 'come to jesus' meeting and let her know that if she's not adult enough to know that this guy is dangerous then you will have no choice but to call the police the next time he calls, steps foot on the property or otherwise violates the RO, or;

2. pack up your child and leave.
 
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lilybear

Guest
Well, my mom had her request for restraining order dropped but i think that the temp. order is still in effect. Shes angry with me for threatening to call the police on him but im to the point that if she wants to live with an a$$ then thats her decision. We gave her the ultimatum of us or him and she wont chose, but of course he's still here so we are moving out. She told us we could live with her b/c my husband will be starting school full time soon, and this is a more affordable option for us. It makes me sad that she would choose an abusive boyfriend over her children. Her marriage to my father lasted for 20 miserable yrs. Athough there was no physical abuse there was plenty of verbal. It upsets me that she is willing to put my baby brother through a childhood similiar to that of myself and my other bro and sis. I dont think her boyfriend would do anything to my baby brother but i know he would do something to my mother in front of him. Well thanks for your opinions.
 
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hexeliebe

Guest
Just keep one thing in mind. Although you had a sad childhood, you seem to be much stronger from it. Don't sell your little brother short.

Your mother is the loser in all this, not you.

Good Luck.
 

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