Will cops check phone records because of a no contact order?
When a person is arrested for domestic violence there is a temporary no contact order placed on the accused offender. This is a criminal no contact order and is very different from a civil no contact order. If the DA decides to move forward there will be another criminal no contact order. If the alleged offender called from jail then the DA can check the call log and most likely will without a warrant or court order. Your personal records are yours and the other poster is correct that would require another court order. The police don't have anything more to do with this unless you call them. The submit their report to the DA and come to Court to testify if needed. It can take weeks for charges to be filed. The police did not place the no contact order the people of your State did according to the domestic violence laws. And FYI - violating a no contact order especially a criminal one is a criminal offense and the person can be charged with violating a no contact order.
Under what legal basis could a police officer tell you that you have to leave your house for a minimum of 24 hours?
The only time it would be legal to order you out of a house for a certain period of time would be if an evacuation order was posted for your area or city. Even then, if someone refuses to evacuate, the police probably have more people to notify, so they may not force the issue.As the others have stated, the "order" in the domestic disturbance was probably designed to allow some breathing room and deescalate the situation.If there was any noticeable injury to either (or both) party, however, the officer may not be able to offer that advantage. Many States have "must arrest" laws for domestic violence calls, so a clear aggressor (or both people) could end up in jail.Even after bonding out, you may still have problems. Domestic Violence arrests often trigger automatic "no contact" orders, and judges may incorporate the no contact order as a provision of the bond in the case.Illinois, for example, has a mandatory 72-hour "no contact" order after a domestic violence arrest and judges typically extend that no contact order as part of the bond.
Can the police search my house anytime if there is a protective order?
my husband is in jail, will be out soon. i did not want the protective order, even that the court put one. can the police come to my house anytime and search even without a warranty? i am afraid they come and my husband is at home and take him again. can the police know we are together?
Will my roommate have to move if I get a restraining order against her?
Me and my roommate just moved into a three bedroom apartment this month. I've been having some issues with the way she talks to me, it's very disrespectful. She calls me the "b" word instead of by my name. She's always barking orders at me. And she likes to start arguments over any and everything. So today I told her she had to cool it with the way she was talking to me and listed the reasons why. She went off the deep end. She first threatened me over the phone and said we'd talk again when she got home from work. I called the police and made a report. When she got home she brought her girlfriend with her, came into my room and started yelling at me "what's the problem?" We went over the situation again and got nowhere. I then told her I filed a report on her and also the police said if she hit me or threatened me to call again. She then said that I may as well call them because we were going to get into an altercation. She says "I'm not the arguing type. I don't know where you come from but where I'm from we fight so you need to stop arguing with me or it's going to be a problem." I called the police because I felt she was threatening me, and she was because she admitted that she was threatening to fight/hit me, they filed another report and this time I pressed charges for harassment. The issue now is I don't feel safe around her. I asked her to leave and she won't because she is on the lease same as me. She has somewhere to go but I don't have another place to go and I'm two months pregnant and cannot afford another move. The police said I can get a restraining order against her and our landlord said if we reached some type of agreement he would release her from the lease no problem. Since she doesn't want to leave but is endangering the safety of both me and my baby if I get the restraining order would she be forced to leave?
Why do some police officers not take domestic violence and restraining orders seriously?
Truth? Because too many people (women) recant.I am around cops on a regular basis and it’s the same thing. Wife loves hubby, is more scared to be without him than she is of the beatings, so once the immediate terror of the beating fades, she doesn’t want to press charges.Repeat once or twice, the cops know nothing is gonna change, she’ll refuse to press charges/won’t testify etc, so they wonder why in the hell she keeps picking up the phone and calling them.Same with a restraining order. She gets one, bruises fade a week later, he’s “sorry” he “just needs some clothes” “just wants to see the kids” and she lets him back in, where she either forgives and forgets or he scares her back into compliance.They actually have a law now that a woman can only use spousal privelige once in a Domestic Violence case. After that, she testifies or she gets charged with contempt of court.2. Neighbor calls in “a fight.” Cops arrive…it’s loud, enthusiastic sex. Or it’s on television. Or the fight is real, but the neighbor overreacted. I dropped the vase officer, I’d never throw it at his head…3. Then there’s the rare system player - boyfriend pisses her off, never lays a hand on her, but she cries abuse to get him to do what she wants so he won’t get locked up. She emotionally abuses and blackmails *him* while wasting the cops’ time. She gets what she wants, all the guy’s problems disappear.