Asked in Criminal Law and Personal Injury

Q: I have been assaulted police say there is no evidence to pursue the matter.i would like the police to help me with order

Restraining order...they say it is not in there duty to do this is this true plz help thanks

Related Topics:
1 Lawyer Answer
Ben Bingham
PREMIUM
Answered

A: The inquiry does not indicate which State you reside or where the incident took place. Given the lack of information, I am hopeful the following general information will point you in the right direction. Typically you would need to file a Motion for a Protective Order with the court. You can do this ex parte where the assailant will not have the opportunity to respond. If granted, you may have a time frame upon which you are protected and then the court will set a status (usually 30-60 days out) to see if the TPO needs to be extended for 6 months to a year. In order to have the Motion granted, the party seeking the TPO usually must demonstrate to the court that the other party physically assaulted them previously (pictures of the injuries) or that they have made threats of physical harm. Finally, you may want to look online as there are usually self-help forms available online for each jurisdiction. Hope this helps!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.