mbanks21
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Reged: 02/27/08
Posts: 2
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A female friend of mine has a rest. order on her soon to be ex-husband. Her lawyer told her to finalize the divorce she has to drop the rest. order. Does that make sense? She's scared he's gonna do something to her without the order in place. What can she do? Any help would be appreciated!
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Maury
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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No. It makes no sense. Any restraining provisions, however, can be included in a divorce settlement, and the restraining order dismissed in lieu of the divorce order.
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mbanks21
recently joined
Reged: 02/27/08
Posts: 2
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So she's crazy if she drops the rest. order then. I told her it didnt make any sense.
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Maury
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I don't know if she is crazy to drop the restraining order. Often, that is part of the negotiation to conclude the divorce. Similar restraining provisions can be included in the divorce decree but it does not show up as a rstraining order in civil filing, which is often more palatable to the other party.
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Relayer
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Oh come on. An RO doesn't stop someone from doing something crazy. What did he do to deserve the RO?
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GO CUBBIES!!!!
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
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Nothing short of incarceration stops someone from doing something crazy. However, a restraining order certainly is a deterrant since a violation may result in criminal charges.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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[quote]Nothing short of incarceration stops someone from doing something crazy. However, a restraining order certainly is a deterrant since a violation may result in criminal charges. [/quote]
And beating the be-jeezus out of someone or killing them doesnt?
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GO CUBBIES!!!!
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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I am not sure I understand what you are saying.
Beating the be-jeezus out of someone or killing them has its own legal reprecussions.
Nonethless, if that is a risk, I would certainly not dismiss an existing restraining order.
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Renee
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Reged: 06/02/05
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Loc: The Palmetto State
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I'm thinking that if someone is so far gone as to consider beating the bejesus out of someone or committing murder, they really don't worry too much about the repercussions of violating an RO.
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Let_Me_Go
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Reged: 04/07/08
Posts: 3
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I had a restraining order when i hired my attorney. He wants to make it a order of protection that will not expire. Of course my STBX will not agree to the terms. Im afraid Im going to have to pay for a contested divorce. It really stinks. I dont want to have to keep getting restraining orders to keep him away from me forever. Hes moved around the corner now just to be "near our daughter". He hardly ever sees her, never keeps her every other weekend as we agreed...oh well. I cant wait till Im finally divorced. Been separated almost 2 yrs!!
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