Changes in obtaining RO's

[hagatha]

Soc,

I have been informed that, in Phila, Pa at least there are some changes that have been made in not only obtaining RO's but extending them as well.

First, in order to obtain a RO, the plaintiff must show clear and convincing  evidence that physical abuse has taken place. Now just "being afraid" of violence by a spouse or SO is not enough.  Womans groups are trying to change this policy, bu the court is being firm in it's stance because too many people have abused the system to control their ex's in custody matters.

Second, if you have obtained a RO aginst someone and want the RO extended, you must show evidence the defendent has made violent attempts to hurt you, or has hurt you. Unsubstanciated threats don't court. The defendant must actually DO something.

One of the problems facing the court here is the enormity of backlogged cases. So the clerks have taken it upon themselves to deny petitioners the opportunity to file for orders or extentions. They are not allowed to turn petioners away, however they continue to deny filings.

When trying to file an extention of the RO my D was at first turned away. It took a lot of intervention from womans groups and calls to the Chief Judge for us to be able to go back in. after the origional RO expired and file a petition to extend.

The hearing is scheduled for Wednesday. The defendant is still incarserated in state custody for the DV against my D. He will not be in the courtroom, they are doing a phone conference for him. We want the extention because he will be released in May.

The defendant was writing an average of 2 - 3 letters a week to D from the time he was arrested till he was sentenced in criminal court. My D received about 70 letters which were written after the RO was in place. This should have been enough to hold him in contempt, but mis-communication and lost paperwork screwed things up. There has been no communication since sentencing till this past December.

The Chief Judge was made aware the criminal court Judge issued a written 10 yr stay away order. I believe she has spoken with the criminal court Judge and suggested we include the Stay Away order in the petition to extend.

Questions

1. Given the courts new criteria for extending RO's what info would you suggest we present to the Judge to have him understand the defendant is violent and would have violated the RO if he had not been in jail?


Any other suggestions you may have would be appreciated

The Witch

[socrateaser]

>Questions
>
>1. Given the courts new criteria for extending RO's what info
>would you suggest we present to the Judge to have him
>understand the defendant is violent and would have violated
>the RO if he had not been in jail?

If the court requires clear and convincing proof of imminent irreparable harm, then unless you have threats in the letters, then I'd say that none of your proof rises to the required level, except perhaps for the conviction on abuse charges itself.

But, if the criminal court has already issued a 10 years stay away order, then why do you care about the DV TRO? It's just redundant. If the convict violates the order, you call the police and he goes back to prison for parole violation.