[stm4710]

I have a best friend that is haveing trouble with her ex bf. Before they split he abused her. She got a restraing order. It has been a couple years since it was issued.

The following is what I was able to make out from when she called me all upset.
Situation:
She was at the mall in a clothing store, he bumps into her. She awkwardly says hi. She leaves the store, he follows her into the mall and keeps talking to her. She talks to him not wanting to make a scene. He leaves, she is getting in her car when he comes up behind her and starts feeling her up and pushes against the car.
She wants to know what will happen if she calls police. She is shy and rather timid and is afraid of retribution if he doesnt go to jail.

 

[stm4710]

Her other concern is did he violate it if she talked to him?

And yes, I have told her I am not the one to ask about 4 times and told her to call the police about 6 times. :?

 

[Officer Dunngeon]

It's been a couple of years since it was issued... so is it expired? If it's expired then he can't be arrested for violating the order, but it sounds like she can file a complaint for sexual assault. She may also consider going back to court and having another order against him issued if she's really that afraid of him.

If a restraining order is valid, even if the complaintant speaks to the one who the order was issued against first, that person can still be arrested because they are supposed to STEER CLEAR of the complaintant, period. Let's say her order is still valid; the minute that guy saw her at the mall, he should have turned around and left. If it was me, no matter what the order specifies (25 yards, 50 yards, etc.) I would have just left the mall entirely. Even if she calls him on the phone, no contact is no contact - he either shouldn't answer or he should hang up (in case caller ID isn't available).

 

[stm4710]

They expire????????


Edit......
It is expired.

I finally convinced her to call the police and thats there is nothing I can do 45 miles away.

Thanks OD

 

[Officer Dunngeon]

Some expire, some are permanent. It all depends on what kind of order is issued. Usually they last for a year.

No problem, good luck to her.

 

[SOT]

Ummm I think they only last for a year...that being said, didn't he just sexually assault her? I mean a restraining order might be helpful but it would seem this bone brain broke the law even if there wasn't a restraining order in effect.

 

[Guest]

If the 209A restraining order expired, and they no longer live together, she might have to get some other type of stay away order. As far as the assault is concerned, it may be difficult to prove. A police report should be filed, though, and she may have to go through the courts to get relief. Don't forget the stalker laws, if he keeps turning up, she may have a case under these stautes.