My 21 yo son was living at a family's house for 2 months & ended up having a relationship w/ the 30 yo daughter. (she is an alcoholic & he was on drugs) My son had been sleeping at 8:00 Friday am & was woken w/ the 30 yo slapping him in the face trying to get him up. He looked at her & she said "you just hit me" He was sound asleep. The mom & daughter asked him to leave. He gathered his clothes & the dad brought my son to my home. She texted me my son hit her daughter & "game over" she wanted him gone. *the Sat be4 the daughter had texted me that her dad had pushed her down the stairs & was bruised all over*I called the mom & said I needed to get my son's phone & she said her husband wud put it in the mailbox. I went over there w/ my son 1/2 hr later to get the phone & the dad was outside, waived to my son & talked to me for 10 min. & never said a word about my son hitting his daughter. The next day she "claims" she was bruised by him & was granted a EPO from the hospital. He is in Detox What if she tries to get an TRO today & doesn't serve him because he's detox & needs to defend himself? She filed a police report & no way will they file charges because shes lying
A TRO must be personally served upon a Respondent (Defendant). If a TRO does not get personally served before the hearing (within 21 days), the judge can grant a continuance or dismiss the case. A judge cannot hear a restraining order on the merits unless the Petitioner can prove that the Respondent was personally served. A petitioner proves that a respondent was personally served by completing a proof of service form and filing it with the court.
Ms. Haver’s response is spot on. I’ll only address your claim that charges cannot be filed. Indeed the prosecution can file charges based upon the word of the woman and her mom. Whether he actually gets convicted is a completely different story.
Understand that a TRO is a temporary restraining order issued by family law courts. An EPO is an emergency protective order issued by a judge in criminal court. If the DA files charges, your son could be subject to a criminal protective order (CPO) issued by a criminal court. She could also seek a Domestic Violence Restraining Order that is issued from family court (civil court). Family court can issue a TRO (without a hearing required) and a permanent DVRO after a hearing. You seem to be mixing apples and oranges in your question, so I want to clarify for you. You can have 2 types of restraining orders on you at the same time, issued by the criminal court and civil court. Dropping one does not automatically drop the other. Be careful he does not violate any restraining order he is served with.
Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.
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