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my daugter and her husband have been having problems bottom line he is physical and verbally abusive to her...he is on active duty now in iraq but all this started before he left or any knowledge of going, but has been acting he more crazier and has threated her many times about killing her and doing stuff she even has some recorded, he is coming back for 2wks in december and she is scared and has had enough she has made up her mind to leave him but is playing it cool and just be gone when he comes back, i think she needs a restraiting order so was wondering when she should file it and would he have any knowledge of this before he gets back.

Submitted: 15 days and 12 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: Alabama

Posted by Sam 15 days and 11 hours ago.

Answer

hi

if she applies for the restraining order, he needs to be served. so if you dont want him to know before he returns, she should time the filing for the RO with his arrival in December. when she goes to the court house to get the RO, she will leave with a Temp order and papers to be served on him. those papers will notify him of a hearing where he needs to appear and show cause as to why it should not be made permanent. so that is the timelime for the process. hopefully, that will give you an idea of when she should file.

15 days and 10 hours ago.

Reply

yes i understand he has to be served. So when she files the RO he will not be served till he gets back if she sets it up that way? and when should she file does it take so many days or is the temp affective immedietly. should she do it so many days before or file the the day before or of when he is to return?

Posted by Sam 14 days and 17 hours ago.

Answer

hi

as i stated, when she files, she will walk out with a temp order. that needs to be served on him. it can be served the next day or the day after. it depends on when they catch up with him. she can file the day before and then have him served when he is returned.

14 days and 17 hours ago.

Reply

ok thanks and if you could just answer one more thing if you know, i was wondering because i read about when you get the temp RO then they set up the court date which is usually 10-14 days so was wondering if they would set it up in time or make sure since he will be leaving to go back in the 2 wks or does it really matter since he is leaving...but also was wondering if he would have grounds to have a extending leave from the military due to marrage problems ect.. or insane crazy card.

Accepted Answer

hi

yes. usually within 10 days. if he is deployed again and does not make the hearing, then she will be given a permanent order in default - as long as she can show that he has been served. i cannot tell you what the military's policy is on extended leave.

Accepts:
Expert:	Sam
Pos. Feedback:	99.0 %
Answered:	11/6/2009

Attorney at Law

20 years practicing law

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hi

as i stated, when she files, she will walk out with a temp order. that needs to be served on him. it can be served the next day or the day after. it depends on when they catch up with him. she can file the day before and then have him served when he is returned.

Reply

Accepted Answer

hi

yes. usually within 10 days. if he is deployed again and does not make the hearing, then she will be given a permanent order in default - as long as she can show that he has been served. i cannot tell you what the military's policy is on extended leave.

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hi as i stated, when she files, she will walk out with a temp order. that needs to be served on him. it can be served the next day or the day after. it depends on when they catch up with him. she can file the day before and then have him served when he is returned.

Reply

Accepted Answer

hi yes. usually within 10 days. if he is deployed again and does not make the hearing, then she will be given a permanent order in default - as long as she can show that he has been served. i cannot tell you what the military's policy is on extended leave.

Related Legal Questions

hi

as i stated, when she files, she will walk out with a temp order. that needs to be served on him. it can be served the next day or the day after. it depends on when they catch up with him. she can file the day before and then have him served when he is returned.

hi

yes. usually within 10 days. if he is deployed again and does not make the hearing, then she will be given a permanent order in default - as long as she can show that he has been served. i cannot tell you what the military's policy is on extended leave.