restraining orders (1 Viewer)

[Mitchell0618]

My sister has a restraining order against her husband that the court extended to a year. Her husband was arrested for drunk driving and is to appear in court next week. She fears that his lawyer is going to ask for the order to be removed and he is going to ask for home confinement over prison. Can they actually do this?

 

[Cold Dead Hands]

Can they actually do this?

You mean can they ask? Sure. Will it happen, as with most legal issues, it depends on the judge..

 

[Zow]

My sister has a restraining order against her husband that the court extended to a year. Her husband was arrested for drunk driving and is to appear in court next week. She fears that his

lawyer is going to ask for the order to be removed and he is going to ask for home confinement over prison. Can they actually do this?

The answer to this question is very likely state specific. That said, what you are describing would not work in my jurisdiction. In my jurisdiction, the only time a restraining order can be fought is if a hearing is requested within a short period of time (fifteen days iirc) after the order is served and the other party is provided notice. Also a restraining order is a civil matter so a criminal judge presiding over a DUI would likely not have jurisdiction to consider dropping the civil order.

That said, she should consult a lawyer in her state or look at the applicable statutes.

 

[Zow]

If you're also whether a defendant convicted of DUI can be sentenced to house arrest in lieu of jail then the answer to that question is incredibly state specific and specific even specific to local custom. A fantasy football message board cannot give you this answer.

 

[johnnycakes]

If you're also whether a defendant convicted of DUI can be sentenced to house arrest in lieu of jail then the answer to that question is incredibly state specific and specific even specific to local custom. A fantasy football message board cannot give you this answer.

 

[coyote5]

If you're also whether a defendant convicted of DUI can be sentenced to house arrest in lieu of jail then the answer to that question is incredibly state specific and specific even specific to local custom. A fantasy football message board cannot give you this answer.

Isn't that why we have the lawyer thread??

 

[RUSF18]

Are you saying that he is asking to receive home confinement in the same home in which your sister currently lives? Which is why he wants the restraining order lifted...so he can live there?

That seems nuts and I can't imagine a judge ever signing off on that.

 

[Zow]

If you're also whether a defendant convicted of

DUI can be sentenced to house arrest in lieu of jail then the answer to that question is incredibly state specific and specific even specific to local custom. A fantasy football message board

cannot give you this answer.

Isn't that why we have the lawyer thread??

What I mean is that the answer to his question is likely so incredibly state and jurisdiction specific that nobody will know the best answer on a board where he probably doesn't want to share very specific info.

 

[Mitchell0618]

Massachusetts

Sorry it took long to reply

 

[johnnycakes]

Massachusetts

Sorry it took long to reply

I don't think we have any MA lawyers here. But that should not be an impediment to your getting legal advice here.

 

[Yankee23Fan]

My sister has a restraining order against her husband that the court extended to a year. Her husband was arrested for drunk driving and is to appear in court next week. She fears that his lawyer is going to ask for the order to be removed and he is going to ask for home confinement over prison. Can they actually do this?

woz is correct....

But I'm trying to understand something here.

In New Jersey a restrianing order is issued by the Superior Court - the county level. A DUI Arrest, unless it's your 4th, is handled by the municipality in which the ticket was issued. And with that, a municipal judge does not have the authority or power to superscede or overturn a county level order issued by the Superior Court. Further, any hearing on a restraining order here has to be done on notice to the victim of the order.

Is Maryland different in terms of how municipal / county / state level courts operate? Also, jail time here on a DUI is not a guarantee nor even a common punishment if its your first. So again, unless you guys are very very different.

Either way - if she has a restraining order she needs to talk to an attorney to answer her questions to be safe.

 

[johnnycakes]

My sister has a restraining order against her husband that the court extended to a year. Her husband was arrested for drunk driving and is to appear in court next week. She fears that his lawyer is going to ask for the order to be removed and he is going to ask for home confinement over prison. Can they actually do this?

woz is correct....

But I'm trying to understand something here.

In New Jersey a restrianing order is issued by the Superior Court - the county level. A DUI Arrest, unless it's your 4th, is handled by the municipality in which the ticket was issued. And with that, a municipal judge does not have the authority or power to superscede or overturn a county level order issued by the Superior Court. Further, any hearing on a restraining order here has to be done on notice to the victim of the order.

Is Maryland different in terms of how municipal / county / state level courts operate? Also, jail time here on a DUI is not a guarantee nor even a common punishment if its your first. So again, unless you guys are very very different.

Either way - if she has a restraining order she needs to talk to an attorney to answer her questions to be safe.

I don't know about MD, but here in MA, one goes to district court where he/she lives to request a restraining order. My expectation is that the restraining order will stand... the DUI is a separate issue. But many judges here have their heads up their butts and enjoy a feeling of power over others, so who knows what may happen in any particular case.

 

[QuizGuy66]

My theory is that if his lawyer is drunk at the time of the appearance he will make this request.

-QG

 

[Mitchell0618]

It was not his first offense and has had his license revoked for 5 years