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Legalease, Lawyer
Category: Legal
Satisfied Customers: 16379
Experience:  15 years exp all aspects of general law
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my wife was assaulted by a friend of hers and the neighbors

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my wife was assaulted by a friend of hers and the neighbors called the police. He was arressted and she was brought to the hospital. We have all been staying at a friends home for 2 days because the man nows where we live, and we feel unsafe. How do we get a restraining order on him, or is there anything else we should do. He was out on bail 2 hours later.
Submitted: 7 years ago.
Category: Legal
Expert:  Legalease replied 7 years ago.
Was this friend an old boyfriend or someone she had a previous romantic relationship with (I am asking because it is easier to get a restraining order in this situation -- I don't mean to pry!)
Customer: replied 7 years ago.
painfully yes the had a brief affair and he still has her stuff and her wedding rings and won't return them
Expert:  Legalease replied 7 years ago.
Hi Jeremy -- Your wife can get an emergency restraining order very easily. I am surprised that the police involved did not suggest it -- unless she failed to tell them that he was a former boyfriend? If she told them that he was a former "friend" -- that is not good enough. Anyone in fear for their safety can go to the local criminal court and apply for a restraining order against a spouse, former spouse, anyone that lives or lived in the household, and a FORMER BOYFRIEND/GIRLFRIEND (anyone that you were in a romantic relationship with at one time or another). If she did not meet one of these criteria, then she could go for a protective order, which is a bit harder to get. I am attaching a WONDERFUL link to a website that explains the process, step by step -- AND includes links to the court forms that must be filled out and given to the court. The process is that, on the day she goes for the order, she can get an emergency restraining order against this man without his attending the hearing. Then there will be a hearing in 14 days where he has the right to attend and Object (however, he will get nowhere with an objection if he has already been charged with assaulting her, trust me). The courts are very careful about issuing restraining orders these days even at the smallest hint of violence -- there have been too many women murdered by their former husbands or boyfriends and the courts do not take any chances any longer. So, here is the website link:
Read through it and towards the end are links to the exact forms that she will need. Remember -- she has to write that he was a former boyfriend/lover -- not just a "friend". Then she will be fine. My condolences to you and her, and best wishes for a speedy recovery. Take Care. If you have further questions, please feel free to ask, if not, please press the GREEN ACCEPT BUTTON so I will receive credit for my time.
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