In March, my daughter's neighbor pulled a gun on her. My daughter filed police report and filed for a warrant. On March 30, she went to court for the warrant hearing and was told that it may be 6 months or longer before she would get a court date for that case. In the meantime, she along with others are now being threatened with bodily harm by the respondent's family members. Respondent's family approached another neighbor's apartment today and broke out her window. My daughter has had a T.P.O order already. If she has a court case pending, does the T.P.O still apply? Help!! I am now truly afraid for my daughter's safety.My daughter's friend and the witness to the previous case are all being threatened. The dispatcher actually heard the persons outside threatening my daughter and her neighbor outside the door as they were calling 911. Then they threw a chair from neighbor's porch into her window breaking it, got into a car and sped off. this is going to another level, i don't want anything to happen to my daughter
Any TPO that was issued will remain in effect until either the order expires or a new order is issued that dismisses the prior order. However, protective orders apply only to the individual(s) named within them. If the person(s) harrassing your daughter are not named in her existing TPO, she needs to apply for one against them. If they are listed, she needs to notify the police of the fact that they have violated it.
Good luck to your daughter.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Your daughter may want to contact an attorney, or the local spolicitor's office and ask if they have a domestic violence unit where she can speak with someone. It is possible that a judge may believe the neighbor is violating the TPO by having others continue to threaten and harass. The solicitor's office can interview, investigate and subpoena the 911 transcripts (preferably before they are erased/taped over). The judge may also be willing to expand the TPO presently in place to include the acts of family and friends of that neighbor. Although generally, you are to take out TPOs agaisnt each person individually, if the activities are all stemming from a single individual, a judge may be willing to broaden the terms in that original TPO.
This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.
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