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dismiss restraining order? URGENT!

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felipep

Junior Member
What is the name of your state? NC

A friend of ours suffered an episode of domestic violence, she then left the house with her minor son, went to the DV and filed a complaint. She got a restraining order against her husband and came to stay with us for a while. She believes that this was a unique situation where things really got out of control from both sides and would like to work things out with the husband. Question, should she drop the complaint? She is being advised that she simply "don't show up" in court. I am afraid that would take away the grounds for her case if anything happens in the future. Should she show up in court and tell the judge that the episode DID happen but she wants to work things out? What are the legal consequences for her if she drops the case, or for him if she goes ahead with it? Please advise ASAP. Thank you,
 


B

betterthanher

Guest
felipep said:
What is the name of your state? NC

A friend of ours suffered an episode of domestic violence, she then left the house with her minor son, went to the DV and filed a complaint. She got a restraining order against her husband and came to stay with us for a while. She believes that this was a unique situation where things really got out of control from both sides and would like to work things out with the husband. Question, should she drop the complaint? She is being advised that she simply "don't show up" in court. I am afraid that would take away the grounds for her case if anything happens in the future. Should she show up in court and tell the judge that the episode DID happen but she wants to work things out? What are the legal consequences for her if she drops the case, or for him if she goes ahead with it? Please advise ASAP. Thank you,
First of all, she needs to grow up instead of running to file a protective order because of ONE incident. She keeps doing that and it'll come back to bite her big time. NO, she should not "just not show up." Yes -- it will look very bad on her part and could jeopardize future filings, in addition to have her held responsible for any costs incurred by the respondent. She should call the court and find out the proper paperwork to dismiss the order.
 

Just Blue

Senior Member
betterthanher said:
First of all, she needs to grow up instead of running to file a protective order because of ONE incident.

Okay...How many times should a person be assaulted before they get a R.O.???? Two? Three? ....
Should she wait till he puts her in the hospital??
How about she waits till he kills her...ooops..that would be too late wouldn't it???....so how many beatings should she take???????

Tell me betterthanher....how many times would you get hit before you got a R.O?
My guess if you thought that a MAN was gonna kick your butt you would be at the court house before your morning coffee!

To the OP....Please advise your friend NOT to drop the complaint, or the R.O. . He will do this again! If a b.f or husband hits you once...he will do it again!
Think of it this way... if you were walking down the street and someone assalted you, would you drop the charges just because they said they wouldn't do it again? No! You wouldn't!! It is even worse that this is a person that says that they LOVE YOU!!

Just because they are your husband or b.f. doesn't give them a free pass for ONE hit!!! It is NOT okay!

Please have your friend contact a D.V hotline to seek options. Also the D.V. unit at the local police or court house will be able to direct her for counseling.
If she makes the choice to STOP this, it will STOP! She needs to get her life back...and her selfrespect! It is her choice!

Good luck to your friend,
Bay
 

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