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temp protective order problems

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edge9001

Junior Member
What is the name of your state? georgia

my wife has a temporary protective order issued against her, now this differs from a restaining order.

her ex husnband somhow managed to get it issued, after she hit him....he hit first, she hit back , police were never called reports never filed. the judge after hearing this gave him a dirty look and issued the order anyway.

the order was given a 1 year lifespan. when the deadline was nearing, the MF harrased the police and sheriff with claims of her breaking this order. never had proof. not to mention it never happened. because of this they never did anything. after approx 3 months of harrasment they picked her up to shup him up. now they have her out on bond and told us they'ld mail a court date.

from what ive heard, he's trying to drop the charge, mainly because he cant prove it happened(because it didnt). from what i've been told if she lets if go at that then she will have a record similar, as if convicted, and he could get the order extended. but if she goes to court and proves the order wasnt broken he can go to jail for filing a false report.

we are currently trying to get the money together for a lawyer. im wodering how much of this is true

how long should we expect before court, i've heard could be upwards of 3 years.
 


seniorjudge

Senior Member
edge9001 said:
What is the name of your state? georgia

my wife has a temporary protective order issued against her, now this differs from a restaining order.

her ex husnband somhow managed to get it issued, after she hit him....he hit first, she hit back , police were never called reports never filed. the judge after hearing this gave him a dirty look and issued the order anyway.

the order was given a 1 year lifespan. when the deadline was nearing, the MF harrased the police and sheriff with claims of her breaking this order. never had proof. not to mention it never happened. because of this they never did anything. after approx 3 months of harrasment they picked her up to shup him up. now they have her out on bond and told us they'ld mail a court date.

from what ive heard, he's trying to drop the charge, mainly because he cant prove it happened(because it didnt). from what i've been told if she lets if go at that then she will have a record similar, as if convicted, and he could get the order extended. but if she goes to court and proves the order wasnt broken he can go to jail for filing a false report.

we are currently trying to get the money together for a lawyer. im wodering how much of this is true

how long should we expect before court, i've heard could be upwards of 3 years.

Rephrase your question.

I have no idea what you are asking.
 

edge9001

Junior Member
from what i've been told if she lets if go and he drops the charges then she will have a record similar to as if convicted, and he could get the order extended. since the only way to extend this order past one year is for her to violate it.

but if she goes to court and proves the order wasnt broken he can go to jail for filing a false report.

is this true?

how could the cops pick her up for violating the order, with no proof it was broken? the officer in pocessing told her there was no proof of the charge
 

seniorjudge

Senior Member
edge9001 said:
from what i've been told if she lets if go and he drops the charges then she will have a record similar to as if convicted, and he could get the order extended. since the only way to extend this order past one year is for her to violate it.

but if she goes to court and proves the order wasnt broken he can go to jail for filing a false report.

is this true?

how could the cops pick her up for violating the order, with no proof it was broken? the officer in pocessing told her there was no proof of the charge

If your wife has an order against her and she violates it, it will be a crime.

If the prosecutor thought there was enough evidence to prosecute the ex for filing a false police report, then that would be a charge against him.
 

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