Broken restraining order

Jurisdiction: 

Area of Law: 

Question: 

I had a restraining order in effect for my husband. The police allowed my husband to remove items from my home and forced me to give him the keys to the car. My husband just commited suiside the week earlier he is on permanent disability and was talking about homicide, suiside and putting a hit out on me. I told the police all this. I was working with the VA dr and Nurse hotline about commiting him. I told the police. They refused to look at any documentation and refused to talk to witnesses or myself. I was told that if I did not give him the keys that I would go to jail

Selected Answer: 

DakotaLegal's picture

 

 
Sometimes, the only way to communicate effectively with some police officers is to have someone else does it. Because the police may have some liability if anything is damaged, or anyone is hurt by their refusal to listen to you, their refusal to help may be a good place to start. Let’s go through a list of how to get the needed information to the local and/or county police. One helpful authority is “ADABI,” which runs a help line, “24/7.” Toll-free: 1-877-698-0899. Other services are listed here: http://www.azdps.gov/Services/ Crime_Victims/ serviceAgencies/domestic/.
 
One key is gong to be to organize your paperwork. Very quickly, you will find yourself working with several different agencies and departments. Have a bundle of file folders to contain information that you have given to each group, and what they have given you, or done to help (or how they have refused to help) you and your husband. As, for example, when the police refused to help or even look at your papers. Politely ask for the police officer(s) names, and note what happened, and how they helped (or refused to help) you and your husband. Mark that down in the appropriate folder marked “police.” Be sure to keep all of your original documents and only give copies to authorities.
 
Your Restraining Order.
 
It’s not clear if your restraining order is still current; you described it as “had” an order. You should look t it and see if it’s current and what area it still covers. If it has expired, then the police have a wide amount of altitude to allow him access to his property…and I assume the car was in his name? You may need to begin an action in court to protect your marital property. If you need affordable legal help to start a guardianship, try contacting this source…http://www.clsaz.org/site/.
 
Because you have a fear for your own safety, ask for a new restraining order to keep your husband away and safe. One of the places you can get help immediately to review or renew a restraining order is at an emergency shelter: http://www.womenshelters.org/sta/arizona.
 
Once you have an effective TRO in place, use it in several ways. In addition to the police, bring a copy to the local county attorney’s office. This can signal the seriousness of your case and the neglect of the police. The legal staff at the local county attorney’s office is more likely to be aware of police inaction. You can find the right county attorney’s office by looking through this Arizona state directory… http://doju.tripod.com/arizona.html. You can point out that you believe the police conduct has violated a duty to safeguard your husband under Arizona laws aimed at protecting the mentally ill: (you can name this law Ariz. Rev. Stat. § 46-451).
 
Involuntary Commitments In Arizona
 
Despite how the police acted, Arizona has specific laws aimed at protecting you, and as you try to help your husband. http://www.brown.edu/Courses/BI_278/Other/Clerkship /Didactics/Readings/INVOLUNTARY%20TREATMENT.pdf.
 
Arizona also has a special legal services unit, called a “Protection and Advocacy” program. This is a federally funded program that gives free legal help and advocacy: you can start an intake immediately by calling them in Phoenix at (800) 927-2260 (toll free). Their web site is http://www.acdl.com/contact.html. They can also help you involve the VA.

All Comments

DakotaLegal's picture

 

 
Sometimes, the only way to communicate effectively with some police officers is to have someone else does it. Because the police may have some liability if anything is damaged, or anyone is hurt by their refusal to listen to you, their refusal to help may be a good place to start. Let’s go through a list of how to get the needed information to the local and/or county police. One helpful authority is “ADABI,” which runs a help line, “24/7.” Toll-free: 1-877-698-0899. Other services are listed here: http://www.azdps.gov/Services/ Crime_Victims/ serviceAgencies/domestic/.
 
One key is gong to be to organize your paperwork. Very quickly, you will find yourself working with several different agencies and departments. Have a bundle of file folders to contain information that you have given to each group, and what they have given you, or done to help (or how they have refused to help) you and your husband. As, for example, when the police refused to help or even look at your papers. Politely ask for the police officer(s) names, and note what happened, and how they helped (or refused to help) you and your husband. Mark that down in the appropriate folder marked “police.” Be sure to keep all of your original documents and only give copies to authorities.
 
Your Restraining Order.
 
It’s not clear if your restraining order is still current; you described it as “had” an order. You should look t it and see if it’s current and what area it still covers. If it has expired, then the police have a wide amount of altitude to allow him access to his property…and I assume the car was in his name? You may need to begin an action in court to protect your marital property. If you need affordable legal help to start a guardianship, try contacting this source…http://www.clsaz.org/site/.
 
Because you have a fear for your own safety, ask for a new restraining order to keep your husband away and safe. One of the places you can get help immediately to review or renew a restraining order is at an emergency shelter: http://www.womenshelters.org/sta/arizona.
 
Once you have an effective TRO in place, use it in several ways. In addition to the police, bring a copy to the local county attorney’s office. This can signal the seriousness of your case and the neglect of the police. The legal staff at the local county attorney’s office is more likely to be aware of police inaction. You can find the right county attorney’s office by looking through this Arizona state directory… http://doju.tripod.com/arizona.html. You can point out that you believe the police conduct has violated a duty to safeguard your husband under Arizona laws aimed at protecting the mentally ill: (you can name this law Ariz. Rev. Stat. § 46-451).
 
Involuntary Commitments In Arizona
 
Despite how the police acted, Arizona has specific laws aimed at protecting you, and as you try to help your husband. http://www.brown.edu/Courses/BI_278/Other/Clerkship /Didactics/Readings/INVOLUNTARY%20TREATMENT.pdf.
 
Arizona also has a special legal services unit, called a “Protection and Advocacy” program. This is a federally funded program that gives free legal help and advocacy: you can start an intake immediately by calling them in Phoenix at (800) 927-2260 (toll free). Their web site is http://www.acdl.com/contact.html. They can also help you involve the VA.