Need serious advice, Mother raped**************

[xamadeix]

However, the law does not permit the police to arrest some guy absent probable cause even if the accusation is of rape. After a week has passed, the chances of physical evidence proving rape may have disappeared. Even if it might exist (say, fluids and other biologicals) these might show that sex occurred, but not "rape."

For now, a harassment order to keep him away from mom and anyone else named on it may be the best she can get. Building a case for sexual assault may take time, and my not be possible at all!

You need to get your mom into counseling ASAP. Regardless of any legal ramifications, she will need assistance coping with this irrespective of the outcome of any criminal investigation.

I understand that, We went to court on the 4th of June, He was there and knowS. A little while ago, he started talking to my mom when she was doing laundry, I called the cops and the cops said they haven't received the harassment order and had to make a photocopy of it. They also said he hasnt been served yet. He was at the court and was told to stay away and not talk to my mom, how can this not be a violation of the harassment order? I dont understand that.

 

[CdwJava]

I understand that, We went to court on the 4th of June, He was there and knowS. A little while ago, he started talking to my mom when she was doing laundry, I called the cops and the cops said they haven't received the harassment order and had to make a photocopy of it. They also said he hasnt been served yet. He was at the court and was told to stay away and not talk to my mom, how can this not be a violation of the harassment order? I dont understand that.

I don't know how it works in your state, but, in general, the proof of service has to be entered into a local, state and/or national database to be valid. If the local court or database system has no record of valid service of the harassment order, it cannot be enforced. Whether the local police can make this notification or not, i can't say as laws in this area vary by state. It is also possible that "harassment" orders have different guidelines in your state than in many others and it may require something more.

About all anyone can do is call when/if he violates any of the terms of the harassment order. If he has been served, and if it is possible, action should be taken to enforce it at that point.

 

[Kbcst]

In FL a restraining order will state that the suspect can't come within 500 feet of the victim. Does a harassment order have any stipulations like that?

 

[Proserpina]

In FL a restraining order will state that the suspect can't come within 500 feet of the victim. Does a harassment order have any stipulations like that?

Florida is irrelevant. And FL restraining orders can vary.