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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26555
Experience:  16 yrs. of experience including family law.
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I just found out that my sisters live-in boyfriend is hurting

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I just found out that my sister's live-in boyfriend is hurting her and he rapes her. I knew he had hit my sister (Ann) on at least one occasion. He's been there for about a year and a half. She desperately wants him to get out of the house (her house) and take his two kids with him. He has a 9 year old girl and a 14 year old boy. He also does drugs on a weekly basis, Ann confirmed this tonight. I knew my sister was afraid of this man, and keeps putting off telling him to leave. She finally broke down and told me everything tonight. I live about 60 miles away from her. She is on Long Island and I'm in Orange County, New York. What can I do to get this piece of trash person and his kids out of her house? Can I file a restraining order? Both my sister and I feel sorry for his kids, but after I heard this, they should all be out ASAP. What can I do, besides call the police. He's not there anyway, since he works nights and comes home around 1 in the morning.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

A restraining order is a great idea.

You can help her file it...but she must be the one to actually file it.

THe court will grant a restraining order if she is willing to sign an affidavit detailing the physical violence. What you describe? The court will approve this, no problem. And quickly...if you file tomorrow I suspect a temporary order will be in place on Friday or monday latest.

Contact the clerk of the court for the county she lives in. THey can get you the information on the forms she needs to file. She will fill out and file the forms with the court. The court will issue the order.

Then...a few weeks later the court will hold a hearing to extend the order...she will need to testify at that hearing. Once she does, the court will likely extend the order indefinitely.

BotXXXXX XXXXXne: she can get an order...but she will need to ask for it.

P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26555
Experience: 16 yrs. of experience including family law.
P. Simmons and 12 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi,


Sorry to bother you. But, I just spoke with one of my sister's friends and he said that she HAS called the police on him a few weeks ago. The boyfriend had threatened to kill her! She got upset and called the police, but she didn't pursue the restraining order. Would it help to call the police, would they take him away? Or would they just say to file the restraining order?

Expert:  P. Simmons replied 1 year ago.
Restraining order is more under her control. If she files, they will issue one.

The police? More hit and miss. Generally speaking, if there is a crime and it is reported, they will arrest. But they have discretion....they are not required to take a case.

So to be sure, I would do both...file the restraining order. Then, if he comes around? Call the police.

Customer: replied 1 year ago.

Thanks so much. That's what I thought.


 

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