Quote:
Originally Posted by Angel640
Thank you, Silent Tears. I live in New York state; he lives in a different state within driving distance. The issue is that my mom never reported the abuse. I never filed a police report, but therapists would at least have it documented. I'm just worried that the police will brush it off. Anytime I've had to go to them about anything, they've been complacent until the situation became more extreme. But my dad is obviously determined to make something happen soon, so I really need to take action now. It's crazy because people who don't know him well think that he's outgoing, happy-go-lucky, and a good father. They'll believe anything he tells them. People that know him better were able to tell that he was physically abusive towards me and have brought it up years later. No one ever tries to step in with him. I think that he believes he can get away with anything.
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Ok. Below is the streamlined version of requirement for a temp restraining order in NY
(a)
Generally. If, on a motion
for a preliminary injunction, the plaintiff shall show that immediate
and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice. Upon granting a temporary restraining order, the court shall set the hearing for the preliminary injunction at the earliest possible time.
http://codes.lp.findlaw.com/nycode/CVP/63/6313
This site has a lot of good questions and answers... below are some
http://www.courts.state.ny.us/courth...cviolence.html
Q. Who can I get an order of protection against in Family Court?
A. You can get an order of protection against any of the following individuals in Family Court:
- A current or former spouse
- Someone you have a child in common with
- Another family member that you are related to by blood or marriage
Q. What kinds of things can be put in my order of protection?
A. Among other things, the judge can order the respondent or defendant:
• not to assault, menace, or harass you or commit crimes of reckless endangerment or disorderly conduct towards you.
• to be removed by the police from where you are living.
• to stay away from you, your residence, your job, and other places you may want.
• not to telephone or e-mail you or write you letters.
The judge can also protect your children in the order of protection. For example, you may ask that any visitation with the children be supervised. In Family Court, the judge can order the respondent to pay temporary support and to give you legal custody of any children you may have with the respondent.
I really hope this helps. Keep us posted....