Q: What will most likely happen with him?
I have a peaceful contact with my baby's dad but I live at my mom's house and we have an open dcf case, our restraining order was changed to peaceful contact because of our dcf case and his last/recent arrest,he was released and recently he passed by in a car and yelled my name my mom heard him and she made an incident report against him. Before the peaceful contact we had a no contact restraining order and he has been to jail for breaking it multiple times I don't know if that history makes a difference but my question is what will most likely happen this time we are both trying to get the babies back. He is way behind because he was just released from the previous incidents.
A: You need to speak to an attorney. Without more information I would not be able to answer your questions. However, if you are in fear for your safety because of violations to the restraining order you need to immediately contact law enforcement and seek protections from the court.
What will most likely happens to the baby's dad, will be up to the police and the district attorney. When a restraining order is first issued no crime has been committed. However after the baby's dad has been served with the restraining order and then he violates it, then a crime has possibly been committed. I say possibly because it depends on the facts in the case. So first when the matter was reported, the police do an investigation. Then someone in the police department decides whether it is a strong case or drops it. Then it is sent to the district attorney who must also decide whether it is a strong case or drop it. If they think it is a strong case, then the police can arrest him. Then he goes before the judge. The judge could dismiss the case, or send him to jail or put him on probation or send him to community service. If he has prior convictions, it is more likely he could end up in jail. He should be getting a public defender in the criminal court unless he has his own attorney who will advise him on all the possibilities. So to try to answer your question, yes, the history of the baby's dad violating the restraining order previously, DOES make a difference.
You also said "he is way behind'. Does that mean there is a child support order and he is behind? If that is what you meant, child support is treated separately from criminal court. Child Support Services can help you collect child support. Non-payment of child support has nothing to do with the criminal court. However if there is a child support order and his is able to pay child support and is intentionally not paying, that could be taken into account in the juvenile court. See the next paragraph.
You also mentioned an "open dcf case." It sounds like neither one of you has the child. If that is the case you are probable in the Juvenile Court and you each probably have been assigned your own attorney. If you have not been assigned your attorney, I would call dcf and ask them to send you to Juvenile Court so you can get your attorney. Your own attorney will be able to give you the most direct advice as it applies to your situation. If you are in the Juvenile Court you will go before the judge there. Yes, as far as the baby's dad is concerned, if he has violated restraining orders multiple times, the Juvenile Court judge will NOT like that, and it will be more difficult for baby's dad to get custody or visits with his child. But that should not affect you. The judge will probably order him to go to counselling and or take classes. Every case is different.
This is general information only. I may have mis-read your question. That is why it is very important to get advice directly from your own attorney who can give you specific advice to your own particular case. Hope this helps.
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