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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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evening, need to know information: being physically sexual

Customer Question

evening, need to know information: being physically sexual violated, what to do if it has happened twice by the same person. first time was approximately 4 years ago and again about 4 months ago. I'm feeling it's more important now to report it than to not tell the authorities. Also interested in filing a restraining order against this person.
Submitted: 2 years ago.
Category: Legal
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for allowing me the opportunity to assist you. I'm sorry to hear about the horrible crime perpetrated against you.

However, I'm unclear what legal information you're seeking. Can you clarify your question for me?

Thank you.
Customer: replied 2 years ago.
i want to do the right thing, and need to know how do i go about reporting and filing a restraining order, others could possible been in danger. does it cost me to file and i fear not speaking up earlier. Is that a concern?
Expert:  TJ, Esq. replied 2 years ago.
Hi again.

In order to report the sexual abuse, you need to contact your local police department and ask to file a police report about the abuse. That costs nothing, and will result in the police investigating the allegations, and ultimately the abuser may be charged with various crimes. With regard to the restraining order, the police will likely help you file that. However, if for some reason the police do not help, then you can visit the Superior Court Clerk and ask for the proper forms for a restraining order. You'll need either forms DV-100 and DV-110 or forms CH-100 and CH-120 depending on who has abused you. You should ask the court clerk to be sure which forms to fill out given your specific situation. You then file the forms and wait for a hearing. There is a fee, but it can generally be waived if you have financial hardship. You'll need to ask the court clerk for details about that.

I hope that helps. Please remember to click "accept."
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9832
Experience: JD, MBA
TJ, Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
what happen's at the hearing? and my other concern was i waited sometime before i spoke up.
Expert:  TJ, Esq. replied 2 years ago.
Hi again.

The fact that you waited to tell the police doesn't mean anything, except that collecting evidence will be harder for the occurrence from 4 years ago, and depending on what exactly occurred, the statute of limitations may have already run on the crime from 4 years ago. But you should still report it since it depends on exactly what happened. Let the police decide whether it's been too late. There is no reason that you should need to make that determination. Also, you will not get into any sort of trouble, if that's what you're concerned about.

At the hearing, the judge hears the evidence and determines whether a restraining order is warranted. In other words, getting a restraining order is not as simple as just asking for it. It is only given if it is needed, and in order to prove that it is needed, the judge will need to hear about the evidence as to why. So, you'll need to explain. Based on what you wrote here, it sounds like the restraining order will be granted. Of course, all I can do is speculate.

I hope that helps. Please remember to click "accept."
Customer: replied 2 years ago.
is the perpetrator at the hearing?
Expert:  TJ, Esq. replied 2 years ago.
Hi again.

No, the perpetrator should not be at the hearing.
Customer: replied 2 years ago.
one answer has been accepted and i felt good about it, thank you but i can't pay another fee. I signed up for the free trial did that help me? thanks again
Expert:  TJ, Esq. replied 2 years ago.
Hi again. No need to accept another answer. One was enough. The other answers were follow-ups to your original question. I wish you luck!

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