Sorry this is a bit off topic, but I thought one of the officers or attorneys on the board could answer this for me....
If a judge has issued a restraining/protection (proper term?) against someone, but the person has not been served because that person is avoiding the server, is the order still in effect and enforceable by LEO's?
Restraining Order
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Venus Pax
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I would imagine so, but the lawyers on board might know better.
I would recommend the person filing the restraining order get a gun and know how to use it, if he/she doesn't already.
If this is a case of a battered woman, we know of too many stories where the restraining order did nothing more but to cause him to become more violent and even deadly.
I would recommend the person filing the restraining order get a gun and know how to use it, if he/she doesn't already.
If this is a case of a battered woman, we know of too many stories where the restraining order did nothing more but to cause him to become more violent and even deadly.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.
The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.
The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.
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txinvestigator
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Re: Restraining Order
Restraining orders are not enforceable by Law Enforcement. They are civl in nature, and enforceable by contempt of court from the Judge.ghentry wrote:Sorry this is a bit off topic, but I thought one of the officers or attorneys on the board could answer this for me....
If a judge has issued a restraining/protection (proper term?) against someone, but the person has not been served because that person is avoiding the server, is the order still in effect and enforceable by LEO's?
Protective Orders are enforcebale, and do not have to be served on the person first.
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
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txinvestigator
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You are welcome. Go here http://www.capitol.state.tx.us/statutes/fa.toc.htmghentry wrote:Thanks tx. You are a wealth of information for us. I believe a protection order is what was given.
and have a look at chapters 82 to 88, specfically 86.
Best of luck to ya'll
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
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Charles L. Cotton
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If it was a divorce action, then the order is likely to be a Temporary Restraining Order (TRO) with an order to appear on a certain date for a hearing to determine whether a Temporary Injunction should be issued. The TRO and Temporary Injunction are easy to obtain. Protective Orders carry a higher burden of proof, though it's still not too hard to get between family members. These too are available on an emergency ex parte basis for a 20 day period, extendable by another 20 days on request, during which there has to be a hearing to determine if the Protective Order will be rescinded or transformed into a temporary order of a defined duration not to exceed 2 years.
A TRO, Temporary or Permanent Injunction and a Protective Order all trigger the Violence Against Women Act provisions making it a federal felony to possess a firearm, ammo, or reloading components. (IMO, the Violence Against Women Act should never have passed, should never have been re-authorized, and is blatantly unconstitutional for several reasons. Once again Cotton finds himself digging a foxhole!
)
Regards,
Chas.
A TRO, Temporary or Permanent Injunction and a Protective Order all trigger the Violence Against Women Act provisions making it a federal felony to possess a firearm, ammo, or reloading components. (IMO, the Violence Against Women Act should never have passed, should never have been re-authorized, and is blatantly unconstitutional for several reasons. Once again Cotton finds himself digging a foxhole!
)Regards,
Chas.
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Venus Pax
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gentry, does she own a gun and know how to use it?
It wouldn't be a bad idea for a few of the ladies at the church (or you and a lady) to take her to the gun range and get her comfortable using her gun/a gun.
Many of these men are psychopaths or sociopaths. Many believe it is their right to hurt a person, and that people are there for their pleasure.
By leaving him, she is taking back control and he will likely retaliate.
It wouldn't be a bad idea for a few of the ladies at the church (or you and a lady) to take her to the gun range and get her comfortable using her gun/a gun.
Many of these men are psychopaths or sociopaths. Many believe it is their right to hurt a person, and that people are there for their pleasure.
By leaving him, she is taking back control and he will likely retaliate.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.
The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.
The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.
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ghentry
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Thank you for all of the responses. Here is what has transpired so far:
I'm not sure how long the husband has been abusive, but about a week and a half ago he threatened to kill her and the kids. He choked her until she was almost unconcious and locked her in the closet. Last weekend she tried to leave. He found her, threw her in the car and told her "you know whats going to happen to you when we get home". She escaped and contacted my aunt who is her close friend.
My uncle, the pastor of the church, contacted him and was able to talk him into giving her the kids while he went to work. She got the kids and went into hiding with my aunt. She and the kids were then moved to another persons house where she remains now.
Tuesday she went to court with an attorney from the church to get a protective/restraining? order against him. She tried to meet with him at the church and as expected it didn't go well (he tried to take the children and the staff had to intervene).
He was supposed to have been served the order and also an eviction notice last Thursday, but now I'm hearing that they can't get him served. This past Sunday we hired a uniformed officer for security, and about 6 men in the church, including myself, watched over the mother and children.
Sunday I told my aunt I was worried about her safety as he may seek revenge on her seeing this as her fault for interfering. She almost broke down in tears as everyone had seemingly forgotton about her safety once the family left her house. I asked her if she needed a gun and she said, "yes, I was going to ask you for one".
We met at the range last night as it had been 10 years since she had been shooting. She did a great job and remembered how much she liked shooting (believe it or not she shot a lot in CA of all places!).
The wife/mother told my Uncle that they did not own a gun, so I'm not sure what her feelings are on the subject, and I really haven't had the one on one contact with her to discuss the subject.
I've been talking about security at the church for several years now, with no one taking me too seriously. They've mostly been worried about car breakins and minor crimes. I used this opportunity to tell the rest of the board that this is what scares me the most. If you look back at the majority of recent church shootings, they were domestic situations.
If any of you met this guy, you would have never suspected it. He was very quiet and soft spoken. A very nice and friendly guy, it appeared. No matter where you work, worship or play, there may be situations brewing that you will have no clue about, until they are staring you in the face. These are the situations we have to be prepared for.
I'm not sure how long the husband has been abusive, but about a week and a half ago he threatened to kill her and the kids. He choked her until she was almost unconcious and locked her in the closet. Last weekend she tried to leave. He found her, threw her in the car and told her "you know whats going to happen to you when we get home". She escaped and contacted my aunt who is her close friend.
My uncle, the pastor of the church, contacted him and was able to talk him into giving her the kids while he went to work. She got the kids and went into hiding with my aunt. She and the kids were then moved to another persons house where she remains now.
Tuesday she went to court with an attorney from the church to get a protective/restraining? order against him. She tried to meet with him at the church and as expected it didn't go well (he tried to take the children and the staff had to intervene).
He was supposed to have been served the order and also an eviction notice last Thursday, but now I'm hearing that they can't get him served. This past Sunday we hired a uniformed officer for security, and about 6 men in the church, including myself, watched over the mother and children.
Sunday I told my aunt I was worried about her safety as he may seek revenge on her seeing this as her fault for interfering. She almost broke down in tears as everyone had seemingly forgotton about her safety once the family left her house. I asked her if she needed a gun and she said, "yes, I was going to ask you for one".
We met at the range last night as it had been 10 years since she had been shooting. She did a great job and remembered how much she liked shooting (believe it or not she shot a lot in CA of all places!).
The wife/mother told my Uncle that they did not own a gun, so I'm not sure what her feelings are on the subject, and I really haven't had the one on one contact with her to discuss the subject.
I've been talking about security at the church for several years now, with no one taking me too seriously. They've mostly been worried about car breakins and minor crimes. I used this opportunity to tell the rest of the board that this is what scares me the most. If you look back at the majority of recent church shootings, they were domestic situations.
If any of you met this guy, you would have never suspected it. He was very quiet and soft spoken. A very nice and friendly guy, it appeared. No matter where you work, worship or play, there may be situations brewing that you will have no clue about, until they are staring you in the face. These are the situations we have to be prepared for.
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TxFire
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I'd believe it. I have seen his "type" before. Nice and cordial in public, but I have treated his handy work before. Good for her for getting out. Now I only pray she stays out.ghentry wrote: If any of you met this guy, you would have never suspected it. He was very quiet and soft spoken. A very nice and friendly guy, it appeared. No matter where you work, worship or play, there may be situations brewing that you will have no clue about, until they are staring you in the face. These are the situations we have to be prepared for.