MO: Hero Dad

[ELB]

[/url=https://www.stltoday.com/news/local/cri ... 651d0.html]Father killed protecting daughter is honored by St. Louis County police[/url]

Cliff's notes:

Grown daughter, married, two kids, separated and divorcing husband, who has an order of protection against him requiring him to remain 500' away from his wife. He has visitation right with kids despite the order (I can't really reconcile this in my head). Daughter's father is the taxi, takes kids to the dad and returns them to mom.

Father is driveway picking up his grandkids for scheduled visit. When kids are out of house and father's back is turned, husband sneaks into house and starts shooting at wife, hits her in thigh and ankle. Father hears shots, runs into house and tackles husband, yells at daughter to flee while father and husband both have hands on gun. Despite wounds she runs to neighbors and calls cops. During struggle husband shoots father in head, killing him.

Husband flees, when cops track him down he kills himself.

Local PD gave family an award commemorating father's actions.

[03Lightningrocks]

[/url]https://www.stltoday.com/news/local/cri ... 651d0.html]Father killed protecting daughter is honored by St. Louis County police[/url]

Cliff's notes:

Grown daughter, married, two kids, separated and divorcing husband, who has an order of protection against him requiring him to remain 500' away from his wife. He has visitation right with kids despite the order (I can't really reconcile this in my head). Daughter's father is the taxi, takes kids to the dad and returns them to mom.

Father is driveway picking up his grandkids for scheduled visit. When kids are out of house and father's back is turned, husband sneaks into house and starts shooting at wife, hits her in thigh and ankle. Father hears shots, runs into house and tackles husband, yells at daughter to flee while father and husband both have hands on gun. Despite wounds she runs to neighbors and calls cops. During struggle husband shoots father in head, killing him.

Husband flees, when cops track him down he kills himself.

Local PD gave family an award commemorating father's actions.

This just tells me that if a person has a son in law that is violent towards their daughter, take care of it the old fashion way. A protection order is only a piece of paper.

[ELB]

The old fashioned way presents its own legal perils. I would recommend you at least be ready for any possible reaction.

It's also does seem to be true that protection orders are "standard procedure" in divorce cases, I know of a couple cases myself where wife's lawyer easily obtained one without any serious basis against the husband simply because it was another way to apply pressure.

[03Lightningrocks]

It's also does seem to be true that protection orders are "standard procedure" in divorce cases, I know of a couple cases myself where wife's lawyer easily obtained one without any serious basis against the husband simply because it was another way to apply pressure.

Not true. Restraining orders may be common but a restraining order is not the same as an order of protection. A restraining order simply spells out the terms of the pre-divorce. An order of protection is issued if one party feels threatened by the other. While threats of violence do happen in divorce situations, I don't believe it is common. Rational people don't threaten violence on one another, even in a divorce.

[ELB]

...A restraining order simply spells out the terms of the pre-divorce....

What?

[03Lightningrocks]

...A restraining order simply spells out the terms of the pre-divorce....

What?

A restraining order, on the other hand, is typically used to dictate to parties on either side of a lawsuit or court case what they can and cannot do. Restraining orders can be written to protect you or your property if you have sued someone and you are afraid they will cause you harm. In the event of divorce, the court may create a restraining order to ensure that one or both spouses maintain a certain conduct while the divorce is pending. In fact, restraining orders are used routinely in divorces that occur in Texas. As an example, a restraining order may prevent either spouse from withdrawing funds from all of their joint bank accounts while a divorce is pending. Restraining orders can be lengthy and contain numerous provisions.

One of the biggest distinctions between these two orders is the penalties. If a party to a lawsuit or a spouse in a divorce violates a restraining order, the violation can be brought to the court’s attention. While the court has the authority to send an offender of a restraining order to jail, this typically does not happen.

A protective order, which is also called an order of protection, is a court order that typically demands that a specific abuser stop harassing, stalking, threatening, or physically assaulting a specific victim. Protective orders are usually set for a period of two years once a judge signs off on them. These orders often require an abuser to refrain from attempting to make contact with the victim, both physically and verbally, including by telephone, text, email, social media, and any other form of communication. The zone of protection of a protective order can also encompass the victim’s children and other family members, as well as property.

On the other hand, when an abuser violates an order of protection, they can face serious criminal charges, as well as a contempt of court charge for violating a court order. In this case, the victim should call the police if an abuser violates an order of protection, as the police can enforce protective orders, while they do not have authority over restraining orders. The actual charges that are assessed for infractions will depend on the individual circumstances, including the severity of the violation and whether or not prior transgressions have occurred.

[dlh]

...A restraining order simply spells out the terms of the pre-divorce....

What?

A restraining order, on the other hand, is typically used to dictate to parties on either side of a lawsuit or court case what they can and cannot do. Restraining orders can be written to protect you or your property if you have sued someone and you are afraid they will cause you harm. In the event of divorce, the court may create a restraining order to ensure that one or both spouses maintain a certain conduct while the divorce is pending. In fact, restraining orders are used routinely in divorces that occur in Texas. As an example, a restraining order may prevent either spouse from withdrawing funds from all of their joint bank accounts while a divorce is pending. Restraining orders can be lengthy and contain numerous provisions.

One of the biggest distinctions between these two orders is the penalties. If a party to a lawsuit or a spouse in a divorce violates a restraining order, the violation can be brought to the court’s attention. While the court has the authority to send an offender of a restraining order to jail, this typically does not happen.

A protective order, which is also called an order of protection, is a court order that typically demands that a specific abuser stop harassing, stalking, threatening, or physically assaulting a specific victim. Protective orders are usually set for a period of two years once a judge signs off on them. These orders often require an abuser to refrain from attempting to make contact with the victim, both physically and verbally, including by telephone, text, email, social media, and any other form of communication. The zone of protection of a protective order can also encompass the victim’s children and other family members, as well as property.

On the other hand, when an abuser violates an order of protection, they can face serious criminal charges, as well as a contempt of court charge for violating a court order. In this case, the victim should call the police if an abuser violates an order of protection, as the police can enforce protective orders, while they do not have authority over restraining orders. The actual charges that are assessed for infractions will depend on the individual circumstances, including the severity of the violation and whether or not prior transgressions have occurred.

In our county "Standing Orders" are attached to petitions for divorce and they govern the conduct of parties incident to divorce.

https://www.tomgreencountytx.gov/upload ... 0Order.pdf

[03Lightningrocks]

...A restraining order simply spells out the terms of the pre-divorce....

What?

A restraining order, on the other hand, is typically used to dictate to parties on either side of a lawsuit or court case what they can and cannot do. Restraining orders can be written to protect you or your property if you have sued someone and you are afraid they will cause you harm. In the event of divorce, the court may create a restraining order to ensure that one or both spouses maintain a certain conduct while the divorce is pending. In fact, restraining orders are used routinely in divorces that occur in Texas. As an example, a restraining order may prevent either spouse from withdrawing funds from all of their joint bank accounts while a divorce is pending. Restraining orders can be lengthy and contain numerous provisions.

One of the biggest distinctions between these two orders is the penalties. If a party to a lawsuit or a spouse in a divorce violates a restraining order, the violation can be brought to the court’s attention. While the court has the authority to send an offender of a restraining order to jail, this typically does not happen.

A protective order, which is also called an order of protection, is a court order that typically demands that a specific abuser stop harassing, stalking, threatening, or physically assaulting a specific victim. Protective orders are usually set for a period of two years once a judge signs off on them. These orders often require an abuser to refrain from attempting to make contact with the victim, both physically and verbally, including by telephone, text, email, social media, and any other form of communication. The zone of protection of a protective order can also encompass the victim’s children and other family members, as well as property.

On the other hand, when an abuser violates an order of protection, they can face serious criminal charges, as well as a contempt of court charge for violating a court order. In this case, the victim should call the police if an abuser violates an order of protection, as the police can enforce protective orders, while they do not have authority over restraining orders. The actual charges that are assessed for infractions will depend on the individual circumstances, including the severity of the violation and whether or not prior transgressions have occurred.

In our county "Standing Orders" are attached to petitions for divorce and they govern the conduct of parties incident to divorce.

https://www.tomgreencountytx.gov/upload ... 0Order.pdf

That is also not the same as an order of protection.

[dlh]

In our county "Standing Orders" are attached to petitions for divorce and they govern the conduct of parties incident to divorce.

https://www.tomgreencountytx.gov/upload ... 0Order.pdf
[/quote]

That is also not the same as an order of protection.
[/quote]

My comment was intended to address this part of your statement:

In fact, restraining orders are used routinely in divorces that occur in Texas. As an example, a restraining order may prevent either spouse from withdrawing funds from all of their joint bank accounts while a divorce is pending. Restraining orders can be lengthy and contain numerous provisions.

[03Lightningrocks]

In our county "Standing Orders" are attached to petitions for divorce and they govern the conduct of parties incident to divorce.

https://www.tomgreencountytx.gov/upload ... 0Order.pdf

That is also not the same as an order of protection.
[/quote]

My comment was intended to address this part of your statement:

In fact, restraining orders are used routinely in divorces that occur in Texas. As an example, a restraining order may prevent either spouse from withdrawing funds from all of their joint bank accounts while a divorce is pending. Restraining orders can be lengthy and contain numerous provisions.
[/quote]

It did not say always. That was not the point anyway. The point is and was that neither is the same as a order of protection. Which rises to a higher level than either a restraining order or in your case a standing order. It was not meant to be a lesson in divorce.

[The Annoyed Man]

The old fashioned way presents its own legal perils. I would recommend you at least be ready for any possible reaction.

It's also does seem to be true that protection orders are "standard procedure" in divorce cases, I know of a couple cases myself where wife's lawyer easily obtained one without any serious basis against the husband simply because it was another way to apply pressure.

Seems like the "3 S's" applies here.

[Pawpaw]

The old fashioned way presents its own legal perils. I would recommend you at least be ready for any possible reaction.

It's also does seem to be true that protection orders are "standard procedure" in divorce cases, I know of a couple cases myself where wife's lawyer easily obtained one without any serious basis against the husband simply because it was another way to apply pressure.

Seems like the "3 S's" applies here.