Coatesville, PA asked in Domestic Violence for Pennsylvania

Q: Can a state get a warrant for a defendant without them violating a restrain order and the plaintiff not pressing charges

The defendant has yet to receive the restraining order. But had police at his home looking for him because of a warrant. For reasons that weren’t on the restraining order. At the hearing I plan on asking to get the restraining order lifted. Due to him getting help with his drinking . The main problem. We have two children together and I still want him involved. He’s never hurt our children. But the warrant states that he has chargers for domestic violence and child abuse. (Information came from his mother. Whom he lives with).

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1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
Answered
  • Domestic Violence Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: Pressing charges is a myth. Its a construct of TV law enforcement. The only people that can bring charges are the police and prosecutors. If they have probble cause to arrest they can charge and get a warrant. Doesnt mean they can convict but probable cause is a pretty low standard for an arrest.

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