How to get restraining order?
Question Details:My daughter and her husband are having trouble. He is on active duty in Iraq right now but all of this started before any knowledge of being deployed. He has been physical and verbally abusive to her and has talked even crazier since he's been there. He treatens to **** her and do all kinds of stuff. She has had enough and has made up her mind to leave. She is playing it cool for now but he is due to come home for 2 weeks at Christmas. She just wants be gone when he gets home.So how does she go about getting a RO without his knowledge until he gets back? When should she file?
An RO is not a permanent order, rather is usually lasts up to 60 days or so depending on state law. I suggest that your daughter hire a lawyer to help he file a RO when her husband gets home and is not left alone with him if he is abusive. I would also suggest that she not be home when he gets home so he does not do anything to hurt her. I would make sure that the husband is notified that she is going to be leaving him before he gets home to lessen- i.e. send the husband a letter while overseas. The lawyer will be able to file the RO a week or so before the husband gets home. It will be up to a judge to determine whether to grant it and must notice the husband accordingly. Thus, your daughter may not be able to put the RO in effect until he is home.
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