Q: If I never filed a report for family violence due to being scared to do so at the time am I still able to put in a PO?
I was married to the man I am divorcing for 8 years with him for 10 there were many instances where there was family violence but I was to scared to file a report, Will that stop me from obtaining a protective order? I do not feel safe going threw this divorce as he has already Wished death on me and has harassed me because I would not take him back.
A:
You should discuss this matter privately with your divorce attorney. Here on Justia, we never have enough facts and specifics to do more than talk generally about the issues. If you don't have a divorce attorney you should hire one.
Anyway, the primary issues for this type of protective order are: (1) has Family Violence occurred in the past, and (2) is it likely to happen again? That's it. If the judge answers "Yes" to both questions then she will grant your application. There is no requirement in the law that family violence had been reported to law enforcement.
You can't change the past. Sure, if you had reported it back then it might be more believable since the cops might have taken photos of injuries or written reports describing what both parties said about the incident. I'm not trying to say the judge won't believe you now... just that it would be MORE believable with the cops as neutral 3rd party witnesses.
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