O.k. so when I found out I was pregnant I had the father of my child, who is 21 say he was going to put a shot gun to my head and kill me and the baby. Now I had called the cops when he had said this to me and he was arrested (not for the first time) and he only spent on night in jail , then his parents bailed him out for $2,500 and they had to put their house up. Now my question is he's been going to court since July 2006 and he's still going now and the courts just keep remanding his court dates. What am I supposed to do?:confused:

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Originally Posted by Samatha28

Now my question is hes been going to court since july 2006 and hes still going now and the courts just keep remanding his court dates.

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If this is about the one case involving you, then inquire with the prosecuting attorney about what the hold up is. They should be able to tell you.

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Originally Posted by Samatha28

What am i supposed to do?

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Your question is a little fuzzy here. What are you supposed to do about what?

O.k. so when I found out I was pregnant I had the father of my child, who is 21 say he was going to put a shot gun to my head and kill me and the baby. Now I had called the cops when he had said this to me and he was arrested (not for the first time) and he only spent on night in jail , then his parents bailed him out for $2,500 and they had to put their house up. Now my question is he's been going to court since July 2006 and he's still going now and the courts just keep remanding his court dates. What am I supposed to do? I don't know what I am supposed to do about the situation because he threatened my life and my child that is on thje way and they just keep remanding his court dates. Is there anything I can do about this?

Do you have a court assigned advocate? Its someone who sticks up for your side of things. If not, inquire with the prosecuting attorney's office how you don't feel safe with this arrangement and ask if you can be assigned someone who will help you more and perhaps they will arrange an advocate or something. But you'll have to complain to the right source, which is the prosecuting attorney's office.

Remind the prosecuting attorney (DA) of this duty to protect you from this matter. Your rights have been violated.

Thet should have issued an emergency order of protection also so contact the district attorneys office. Till then you can only wait, and watch yourself.

This is one of the cracks in our judicial system and one I don't think anyone has a solution for. Yes you can and SHOULD have an order of protection against him. He should not be permitted to come within in site of you. If he does, you report it to the police and his bail will likely be revoked.

But, the papers are full of reports of tragedies where someone defied an order and harmed the person supposedly protected. Such an order only works if the person is afraid of the consequences.

So my question to you is has he made any attempts to come near you or threaten you since you had him arrested? If he hasn't, then it might be that he learned his lesson that you won't be intimidated.

This is sadly about how the court system works, Most likely he has a bail of about 25000 dollars or so and the parents used a bail bondsmen.

So if he did not show up for a scheduled court date the bond would be forfieted and a bounty hunter would have to hunt him down, but it appears he is appearing for all his court dates.

Next most likely he has an attorney, so with that it is their right to ask for different court dates but there would be a few dates, he would have a first appearance, he would have hearings on any motions that he or the DA make. And so on.

You have the right to speak to the DA and get a update on the process of the case. And to review any evidence. It appears he is not merely pleading guilty, so at some point and time a actual trial date would be set, and you would be given notice to appear in court.

But the "bad guy" has the legal right to bail, even in murder cases, and there is nothing that can be done about that, You should get if you have not already gotten a ORDER OF PROTECTION, so that he can not contract you.

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Originally Posted by Fr_Chuck

You should get if you have not already gotten a ORDER OF PROTECTION, so that he can not contract you.

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I just want to amend this statement its not that "he can not contact you" it's that he is not ALLOWED to contact you. The only thing that will prevent him from contacting you is his own conscience or a 24/7 bodyguard.

Unfortunately it's pretty typical of our courts to drag things out. There's not much you can do. If he threatens you again then have him arrested again. That's really about all you can do.

Hello Sam:

Criminal defendants are instructed by the judge NOT to contact their victims. It is a condition of their bail. If he violates it, call the cops.

excon