must you have positive proof in proving a restraining order has been violated?
347901
You can file a police report claiming a violation of the restraining order.  Once the report is taken the police will conduct a further investigation-interview the suspect or stage a recorded telephone call between you and the suspect where you try to elicit incriminating statements from the suspect (the police arrange the all and record the contact).  If you do not have any direct evidence (phone recordings, surveillance video, fingerprints), witness corroboration, omission of guilt from the violator, or enough circumstantial evidence (proof that is not direct evidence; instead it is evidence that taken as a whole could make a reasonable person conclude the crime was committed.\n\nIf the investigator believes they have established probable cause the crime was committed they will file the report with the District Attorney's Office.  The District Attorney will decide if they want to "press charges" against the suspect and start court proceedings.\n\nIf the Investigator does not obtain enough evidence to establish that the elements of the violation of a restraining order were committed, the report will remain on file but nothing further will probably be done.\n\nDo not attempt anything on your own that may place you in a dangerous situation.
1169319
Don't worry about it. If you've done nothing wrong then they can't get a restraining order. They can't get one because you're lesbian and They don't know what your intentions are. Like you said, They've no evidence.\nThey are just bluffing. Take no notice and try not to worry about it.
693438
How was he able to indicate this to you without violating the restraining order in the first place?
643674
No. The police actually have to have you clocked on radar to prove the violation.
898741
They need more probable cause than a nervous look. Proving a civil rights violation can be very difficult unless you can document the cop's action.
1098812
Well if you worked it out then you already violated the order.  But any ways, go to the court that issued the order - contact the Judge and ask him to resend the order
233872
Violating a restraining order is a crime either way. If there is violence involved then you broke two laws. Viol. restraining order AND assaut and battery.
613655
May depend on the state but... Basically you affirm under oath that what you say is true and did happen to the best of your knowledge. A court date will be set and it will be you plus the state or DA vs the defendent. You had better be able to prove your case in court and have been truthful in the warrant. If you weren't or etc. you could face civil suite by the defendent. If things are what you said then I would not worry and press forward with the truth. There are other things along the way... arraignment, pre-trial, hearing or trial etc. Depends on if the defendent pleads guilty.
279905
If you violate the order, but do not incur other violations.  You are most likely given yourself a misdemeanor violation.  That is usually a fine and/or up to six months in jail.  If you violated other laws, like trespassing, that would be another misdemeanor.\n\nIf you have had prior domestic violence incidents and violated the restraining order, then you could be subject to felony violation and are looking at one year plus in prison.
182320
It is not swept under the rug, at all. In CA, if there is a domestic violence incident without injury, the police still have to take a report. If there is even a slight injury, including scratches, then it is a mandatory arrest of the "dominanat aggressor". Even violation of a DV restraining order is a mandatory arrest.
681712
Civil court orders should be enforced by the police.  If you are talking about a protective order (order of protection), then the answer is a yes.  They should have arrested her for the violation.\n\nContact your court and request a hearing with the judge to advise him/her that the police are refusing to enforce his/her orders.
857695
A restraining order would prevent them from living with you or approaching within a certain number of feet of you. These are issued if there is some evidence the person may harm you physically. If the person violates the restraining order, you call the police and they get arrested.\n\nSee a lawyer to get one issued.
1098303
Go to the police station and file a report. That will put him on their records. Although he probably needs to have done something to you or someone you know in order for them to accept it. But threats count as "doing something" so you can say he verbally threatened you or someone you know and you are afraid that his actions will go farther and you want to just make the report so the cops will know if anything does happen. Talk to them and they'll help you go about it the right way.
10795
As usual with legal-related questions on Yahoo! Answers, too little information exists to answer this question adequately.  The state you're in would be helpful.  Not posting the same question five times would be helpful.  Nevertheless, I'll answer what I can in this question, and post another question if you need more details.\n\nAt this date and time, it's getting a little too late to deal with the problems adequately.  A notarized note will not be very helpful - after all, the dispute is not about whether the house exists in that condition, but whether you or the landlord should be responsible for the cost of those conditions.\n\nTaking photographs and video is helpful, but again it only shows that damage exists, not who is responsible for it.  The video, though, may be able to show that it wasn't from your abuse of the apartment, but from natural wear and tear that the landlord refused to repair.\n\nDo you have any record of communication with the landlord?  That's the strongest piece of evidence you'll have.  You'd be able to show that you notified the landlord, or that the landlord acknowledged receipt of that request.\n\nIt's a little too late now, but you should have sent certified mailings to the landlord.  The landlord would have had to sign a card acknowledging that he received your letter, and you would have proof that he received your request.  With just 10 days to go, it's too late for that.\n\nI would carefully catalog everything that has happened, with each date you noticed the problem if possible, if the cause was natural, when you notified the landlord, and the entire history of the dispute.  Photos and video are helpful if you go to court.  A notarized statement is not very helpful.  Records of communication with your landlord are extremely helpful.  Otherwise, if you don't get the security deposit, you may simply have to go to small claims court with the recordings and hope that the judge believes your story.
202684
A restraining order is not a conviction.  \n\nI'm not sure what you are asking here though.
534667
People think there needs to be proof, etc, but anyone can file a restraining order against anyone else by alleging potential danger.  \n\nA crazy woman filed a restraining order against David Letterman whom she had never even met.  She was certain he was sending her messages in his monologue, etc.  If not for Leterman's personal wealth (and therefore ability to hire lawyers to fly to AZ and address the issue) he probably would have just ignored the whole thing.  Rather he had it reversed as baseless (which of course, it was).  \n\nI suspect that this is why restraining orders don't show up on a criminal record check, just violations of such.
1184682
The police may not get involved in a violation of custody/visitation orders. It depends on their department's policy.\n\nYou definitely want to document every single violation of the orders. Videotaping your own compliance with the orders (showing up for custody exchanges, etc) will help your case and get signed affidavits from witnesses. Having a chaperon who can testify as to her violations and your compliance is always helpful. The more unbiased your witness is, the better.\n\nWhen she violates the court orders, respond by filing for changes in custody/visitation that skew the orders more and more in your favor. She'll either learn her lesson or lose all of her parental rights.