How I can help her?

[SAT 9,609]

so...lets say.....husband gets arrested for hitting his wife. Judge issues order that says no contact by any means, phone, email, third party etc....and do not come within 300 Feet of complainant.

husband then gets let out and goes to look for his wife. He sits in a car 100 feet from her house. She calls police. He remains on scene. Police arrives, complainant produces court order. Police will arrest him and return him to court.

or....husband gets let out, calls his wife. Wife goes to police station, files report. There's a warrant for his arrest. 2 weeks later he gets pulled over on a routine car stop. Police run his license in a computer. He comes back in the OOP registry as a violator. He gets arrested then.

In sum, the RO/ OOP does work, and will help.

But not against an aggressor dead set on killing his wife.....

[SAT 9,609]

I should add hat Metropolitan Police Depts are very well trained to help with Domestic Violence. It's a good place to start. Go to the Police. They have Domestic Violence Officers that will guide her in the right direction. Even take her by the hand and make sure that a victim is safe.

[belinda63 3,041]

Sorry but in my experience there is no automatic warrant issued. If the person is not caught in the act the police direct you to file an action in court. You then have to wait for a hearing date, usually several weeks, to be heard by the judge and a decision made. I even had military police tell me when I had a restraining order against my ex and he followed me from parking lot to parking lot at the hospital that I would have to take the matter into court, the MPs would arrest him. "We arent' going to take a tape measure to see if he was within 1000 feet of you, that is for a judge to decide."

[SAT 9,609]

Sorry but in my experience there is no automatic warrant issued. If the person is not caught in the act the police direct you to file an action in court. You then have to wait for a hearing date, usually several weeks, to be heard by the judge and a decision made. I even had military police tell me when I had a restraining order against my ex and he followed me from parking lot to parking lot at the hospital that I would have to take the matter into court, the MPs would arrest him. "We arent' going to take a tape measure to see if he was within 1000 feet of you, that is for a judge to decide."

I'm sorry about your experience with the Military police or Provost Marshals....

I was making a reference to what an "Order of Protection" or a "restraining Order" does....

A "warrant" is a different thing.

First, Military Police is guided by UCMJ, Uniformed Code of Military Justice.

Municipal and State Police Departments are guided by State Penal Laws/ Local ordinances/ Administrative codes and various other codes (Such as Vehicle Traffic Law/ Law of interstate Commerce, etc)

"Discretion" is a power given to both MPs and Civil Police Officers.

there are situations where "discretion" is limited.....

I tried to briefly explain where the law stands when it comes to violating an order of protection from a court.

the actors in a complaint consists of several persons......

1- Complainant/ victim

2- reporter- may or may not be the complainant/ victim

3- Perpetrator

4- Officer of record

5- Arresting Officer

In a domestic case where an OOP is violated. yes, an arrest is warranted without any discretion.

meaning. the officer cannot use his discretion of "May arrest". This is a "must arrest" situation, regardless if the perpetrator is present or not. Ergo, a warrant IS issued automatically when a person is accused of violating an order of protection.

in terms of distance. In a DV case, distance doesn't matter so muc. Yes no one will measure. but it is "assumed".

(just like the bumped up Class B felony charge of selling drugs within 1000 feet of a school). An estimate is good enough.

[SAT 9,609]

Sorry but in my experience there is no automatic warrant issued. If the person is not caught in the act the police direct you to file an action in court. You then have to wait for a hearing date, usually several weeks, to be heard by the judge and a decision made. I even had military police tell me when I had a restraining order against my ex and he followed me from parking lot to parking lot at the hospital that I would have to take the matter into court, the MPs would arrest him. "We arent' going to take a tape measure to see if he was within 1000 feet of you, that is for a judge to decide."

part 2- sorry lol.....it takes a while........

Probable Cause- is the level of proof that an officer requires before placing someone under arrest.

this can be many things........

And I've used these simple examples before.

1- a woman stops a police officer in the street and points to a man and states that the man just hit her on her head and took her wallet.

That's it! that's probable cause for that officer to make an arrest. That's all it takes. In this case, there is

A- a complainant

B- A perpetrator

C- An officer of record/ arresting officer

2- a man calls 911 and says the neighbor is being beaten up by her Ex-BF that used to live with her. He meets the responding officers and states that he just saw the guy beat up his EX-GF, and that he knows that she has an OOP on him. The officers does a check on the OOP registry. And there is an active OOP. Now the VICTIM does not want to press charges. And the Ex-BF is no longer on scene.....

A- There is a victim

B- There is a reporter

C- There is an officer of record

D- There IS a complainant. (The People of the State of say...California)

Now. while the Victim does not want to press charges on the assault. In this case, The state will press on the Violation of Order of Protection. So, a complaint report will be prepared. Along with a Domestic Incident Report (this is a State-based report). AND a warrant will be issued for his arrest.

[SAT 9,609]

OK, I'm gonna stop here. I can keep going if you guys wanna know more.....

But we're talking about helping the OP Back&Brighter help a lady......

He wanted to know what a Restraining order does.....I skimmed on it.

I hope I was some help anyway.........

[Back&Brighter 1]

Thanks @SteveAndTiff for explaining in details !!!

This would be great help for the lady and others in similar situation....

[SAT 9,609]

You're quite welcome. And good luck to you and the lady.

[del-2-5-2014 1,339]

I've read this before on here unless DV victims favorite hang out is in a library.

[sparkles_ 456]

A TRO or RO for that matter means little to a true abusive person that is hell bent on hurting someone. Police take at least a few minutes to arrive, and murders happen in minutes....just saying. Women's shelter, take the kids if any, and leave EVERYTHING but documents at home. Don't pack, leave a note saying "I am somewhere safe with the children" so it can't look like kidnapping.

If she can't drive, call a cab, the shelter will foot the cab bill on arrival. The DV shelters know how to proceed from there.

[Sandra G. 5,056]

Violence happens in everywhere,the difference we are a civilized nation and we punish abusers.

[mrjack 9]

The biggest help for her would be to get I her out of the situation and take her to a gun store for a nice 38 special, not expensive and good at taking down abusive husbands who violate restraining orders.