My brother who has been incarcerated in the past is back in jail...all incarcerations have been drug related. He went to prison for 5 years (judge sentenced him to 10 years) on drug related charges (felony 2 conviction), and was released on parole for 1 year. Now, 5 years later of being "free" he was arrested last month for possession of 4 different drugs (4 felony counts against him: two felony 3's; two felony 2's). his bail was set very high so he's still sitting in jail awaiting a hearing. My dad hired an attorney who believes they can reduce it all to misdemeanors but I believe with his prior convictions alone that he'll be doing time (counting these 4 felonies, he's had 6 felonies total in his criminal history). I want to get a restraining order against him because I have 2 small children who I want protected because he's known to be violent and was actually violent the first week he was in jail which he was put in
solitary for. What are your opinions on the case and what should I do?
No. You do not have enough to get a protective order. Suggestion - move; change locks; change telephone numbers.
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In order for a court to grant a protective order, the court must find that family violence has occurred and that family violence is likely to occur in the future. Generally, for adults, the conduct needs to be an assault, sexual assault, or threat of imminent bodily harm (such as "I am going to beat you up).
The fact that he's "known to be violent" is not enough for a protective order. Now if he has been violent against you or your children specifically (or has threatened to be) then that would be sufficient for a protective order, but the mere fact that he's committed acts of violence against others unrelated to you would not allow you to get a protective order against him.
The above answer does not constitute legal advice. You pay for legal advice; this is free.
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