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cincsu
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Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
do you have to have a conviction to get an RO
      #76420 - 02/09/06 02:23 PM

does anyone know if someone must be convicted of domestic violence before someone else can get a restraining order on them?

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wife of 1, mother of 2, stepmother of .3475902453


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almostheaven
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Nope... [Re: cincsu]
      #76503 - 02/09/06 06:15 PM

An RO generally requires that the recipient show cause to be afraid of the individual. Usually, if they just state that they are afraid and the judge believes them, the RO can be granted.

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Char Fox


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cincsu
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Reged: 06/02/05
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Re: Nope... [Re: almostheaven]
      #76696 - 02/10/06 10:05 AM

found out yesterday there has been a conviction for something since there was a probation violation hearing. believe it was DV according to the ex wife of the man. requested court records to be sure.

thanks!

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wife of 1, mother of 2, stepmother of .3475902453


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Anna75
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Reged: 02/12/06
Posts: 3
Loc: Anoka, MN
Re: Nope... [Re: cincsu]
      #77572 - 02/12/06 09:31 PM

My abusive ex has decided to continue to try and control me by trying to gain custody of our son who is 2 1/2. When I left him he had started verbally abusing our son which he'd been doing to me for awhile. The problem is that around other people, he is just as nice as can be but when he gets the chance, he blows up at me. I'm terrified since i can't prove anything at this point and his parents are lying about what they have seen their own son do to me, that my son is in danger when he is visiting his dad. I'm so lost and it tears my heart out not knowing what's going on. My son comes home afraid, his seperation anxiety is the worst it's ever been. Is there anyone out there that has any advice/resources? I have to save my son.

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Anna75


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MamaKitty
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Reged: 01/30/06
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Loc: California
Re: Nope... [Re: Anna75]
      #77588 - 02/12/06 10:03 PM

Good luck trying to find proof. Verbally abusive people rarely ever do it in front of an audience. Most people wouldn't even believe it if you told them. In my case enough people have ended up seing it first hand, so I have some support... but most people- they wouldn't believe anything even if it was videotaped.
Abusive people are just good at that, keeping it hidden.

c


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almostheaven
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Reged: 07/13/04
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Re: Nope... [Re: Anna75]
      #77685 - 02/13/06 09:45 AM

I'd suggest finding a counselor to work with children and taking him after every visit. If he continues, it will come out in counseling and the counselor may witness on your behalf in court if they feel it's serious enough.

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Char Fox


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Anna75
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Reged: 02/12/06
Posts: 3
Loc: Anoka, MN
Re: Nope... [Re: almostheaven]
      #78362 - 02/14/06 09:53 PM

My son happened to have a doctor appointment and I mentioned my concerns to her. She gave me some child psychologist/therapists that are court-recognized and basically gave me the same advice.
My ex admitted to our church counselor that he abused me and that he has an anger issue; found out that that counselor- not being a minister & that he just 'rents' office space from our church- is not covered by patient/doctor privledge so I can pull him into court and have his admissions heard by the judge. I'm so happy about that i can't explain it. I just don't want to go to trial for this. My ex is asking for completely selfish visitation schedule (he works nights) and I have a judge that (sorry to guys out there) father-rights hungry and i'm worried he's going to use my case as some kind of political platform.

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Anna75


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