All LEO please come in..

[cammer00gt]

Ok my brother is going thru a divorce and his wife who still lives with him went and lied to get a exparte order of protection on him also they have not gone before a judge on this order . Ok i alrdy know the answer to what im about to ask but i want to see if you guys actually understand the stipulations of an order... Is my brother violating the order if he is living in the home with the wife/victim? Also can he be escourted by a LEO agency to the home to get some belongings? Like i have said i aledy know the answere but 2 diff agencies here seem to not understand what is and isnt violating the order. Let me hear your thoughts.

 

[FordSVTFan]

If there is a T.R.O. (temporary restraining order) or Protective Order in place, each will have specific terms. But I have never seen one that allows the complaining party and the affected party to remain in the same house. Usually a L.E.O. can arrange to escort the affected party into the common dwelling, if there is one, to retrieve necessary items. That is unless the order stipulates against such action.

But then again my answers are useless as you already know the answers.:shrug:

 

[Iceman II]

A Protective Order has a lot more bite than a Temporary Restraining Order. Both will have instructions and so forth on what can be done. I also have never seen the affected parties remaining in the same household either. In fact, whats the point? I have seen a few females trap the male into going back to the house and then calling the police. Guy gets arrested. You have to obey the order, period! Always have a police escort this way you are covered.

 

[cammer00gt]

im also a leo...here is what i did learn cause hell i thought that if a protection order is issued to a person that they cannot stay in the same dwelling as the other so... i spoke to the judicial commissioner who is considered a judge here and is the person that will be making judgments on the protection order issued to my brother and actually signed off on the order... she states to me that he cannot be kicked out of his on house by this order but would be in his best interest to stay some where else until they have court on this matter (15 days) but if he like can stay home along with the wife but just cannot have direct/indirect contact nor make threats/fear her ...... But we all know wtf would happen if he stayed. Anyhow until they both have been seen by the judge and then a judgment was made then a long term protection order can be issued to keep him out of the house or so on. My on department seems to really not understand this either. they all pretty much think if they were to escourt him there it will violate the order. The judge gave me her cell phone number to have them call her if there was a problem but they wont call... wtf that pisses me off that they wont take the time to speak to someone that can pretty much explain that he isnt violating the order if they took him to get some fucjing clothes. im in a hurry right now so this might have come out jacked up.

 

[FordSVTFan]

What are the qualifications of this "judicial commissioner?" Is she an attorney? Did she receive judge training? That statement makes no sense and defeats the purpose of a TRO or Protective Order. There seem to be pieces missing from this.

 

[cammer00gt]

Division 25 - Orders of Protection Hearing Room
The Orders of Protection hearing room is located in the Criminal Justice Center, 2nd floor, at 201 Poplar, Memphis, Tennessee 38103. Judicial Commissioner Rhonda Harris presides over this hearing room. Occassionally, other commissioners will preside in her absence. Judicial Commissioners must be licensed by the State and appointed to their positions.

Advocates from various agencies are assigned to the hearing room to assist the petitioners in obtaining their orders of protection. A petitioner will immediately be issued an ex Parte (one sided) order of protection and a court date, usually two weeks away, so that the respondent can be officially served to notify them of their hearing date.

Orders of Protection are treated very seriously and violation of these orders is a criminal offense punishable by up to 10 days in jail and a fine of $50.00.

 

[97NA_Cobra]

she states to me that he cannot be kicked out of his on house by this order but would be in his best interest to stay some where else until they have court on this matter (15 days) but if he like can stay home along with the wife but just cannot have direct/indirect contact nor make threats/fear her ......

This kind of sounds more like a conduct order than a protective order.