Restraining Order

[tsm445]

What is the name of your state? DE

What limitations does the one issued a restraining order have towards the victim?

 

[seniorjudge]

Q: What limitations does the one issued a restraining order have towards the victim?

A: To stay away from the victim. The exact details are in the order itself.

 

[tsm445]

I have never rec. a copy of the order. A police officer wrote it up upon my req. Should I rec. a copy?

 

[seniorjudge]

Q: I have never rec. a copy of the order. A police officer wrote it up upon my req. Should I rec. a copy?

A: If you have never been served with an order, then how do you know that there is an order?

What's a req?

But, yes, ask the cops for a copy of this order.

An order can't be effective until it is served on the person being restrained.

 

[tsm445]

The police officer asked if I would like one against my brother. I said it may be a good ideal. He later told me my request (req) was granted.

 

[seniorjudge]

The police officer asked if I would like one against my brother. I said it may be a good ideal. He later told me my request (req) was granted.

There's no restraining order if you didn't sign anything and didn't go into court and testify.

But, I really have no idea what you are talking about, so I really can't answer any more questions till you tell me what you are talking about.

 

[tsm445]

I'm not quite sure what you are asking from me. I've never been in a situation like this before. I had my brother arrested a few weeks back for using my vehicle without our permission. He disappeared for three days with it. I was confused why would he do this. It was so unlike him. I tried to make up possible reasons why he had not returned. Then on the third day I saw him in the vehicle but he was not driving another guy was. I beeped there was no response. I attempted to catch up with him to find out why he had disappeared like that. I lost him. He didn't look like himself in the vehicle. He looked dirty and sad. So unlike my brother. I called my parents. They said call the police and report a stolen vehicle. I was scared not sure what was going on. I did as I was told. The police officer came. He took my story. Then shared a story of a similar time he experienced where the same thing happened and drugs were involved. He said inorder to get the car back since I loaned it to him to go to work the first morning I would have to press charges. Later when they found the vehicle that same night I was called to the scene to get the vehicle it was shared with me drugs were involved. I was so confused this couldn't be happening. Not my brother. The police officer said the stero was missing and the security system was messed with.
He said In order to get the reinversement for these items I would have to press theft charges. He then said because of the danger surrounding the drug issue I should request a restraining order. Everything happened so fast. My brother wouldn't look at me. The police officer said he was ashamed. He then shared it tough but this will help him. I said ok. Later learned he was brought to the wrong court the next day. He was released. But will be summons again because the matter involved me his sister it had to be heard in family court. My parents shared the information of the charges with me a few days later. I don't know what his limitations are concerning me with this restraining order. Will we not be able to be present for family get together? If I call my parents and he answers will he or both of be in trouble?

 

[seniorjudge]

I'm not quite sure what you are asking from me. I've never been in a situation like this before. I had my brother arrested a few weeks back for using my vehicle without our permission. He disappeared for three days with it. I was confused why would he do this. It was so unlike him. I tried to make up possible reasons why he had not returned. Then on the third day I saw him in the vehicle but he was not driving another guy was. I beeped there was no response. I attempted to catch up with him to find out why he had disappeared like that. I lost him. He didn't look like himself in the vehicle. He looked dirty and sad. So unlike my brother. I called my parents. They said call the police and report a stolen vehicle. I was scared not sure what was going on. I did as I was told. The police officer came. He took my story. Then shared a story of a similar time he experienced where the same thing happened and drugs were involved. He said inorder to get the car back since I loaned it to him to go to work the first morning I would have to press charges. Later when they found the vehicle that same night I was called to the scene to get the vehicle it was shared with me drugs were involved. I was so confused this couldn't be happening. Not my brother. The police officer said the stero was missing and the security system was messed with.
He said In order to get the reinversement for these items I would have to press theft charges. He then said because of the danger surrounding the drug issue I should request a restraining order. Everything happened so fast. My brother wouldn't look at me. The police officer said he was ashamed. He then shared it tough but this will help him. I said ok. Later learned he was brought to the wrong court the next day. He was released. But will be summons again because the matter involved me his sister it had to be heard in family court. My parents shared the information of the charges with me a few days later. I don't know what his limitations are concerning me with this restraining order. Will we not be able to be present for family get together? If I call my parents and he answers will he or both of be in trouble?

I cannot answer your questions because you cannot or will not tell us what is in the restraining order (if one even exists).

 

[fedcop110]

As SeniorJudge has said, if you did not go to court then there is not legally an order of protection in place. There are such things as Temporary orders of protection, but in your situation that probably wasn't an option. It sounds as if the officer that said your request was granted would be the one to talk to. Find out if there was somehow an order served and if not (which is my guess) how to go about legally getting one. It sounds like you should have one in place. All of the requirements of the order will be explained to you when you apply for one. Good luck

 

[JOHN BUCKNER]

Ok, As Senior Judge and FedCop has indicated....Police do not issue Restraining orders themselves. The order has to be signed by a Judge. I do not want to sound like a broken record only coming from a diffrent source. But, Seek a court of Law and have a judge rule on whether you have enough facts or allegations to infact have the Judge sign the Restraining order....Thus the Law Enforcement agency will then serve the order. And you will get a copy explaining all victim's rights and the stipulations regarding the person recieving the order. You may want to be aware that the person getting the order can also request a hearing to contest the validity of the order itself. Of course that will all be on your copy. Fun Fun....Not Advice For What it's worth. patrolman/J.Buckner