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woobie · Oct 6, 2007, 05:04 AM

My husband choked and threw our daughter threw our kitchen wall in August, we filed dom. viol. Charge against him. The court ordered him not to drink or to do drugs, no contact etc... My problem now is that I have seen his car at several of his favorite bars, I have called the proscutors office to let them know and they said he is allowed to go there just not drink. Well lets see... how do you prove that he was drinking unless an cop walks into the bar and catches him? I really don't want to go in to the bar, and if I did go in and he leaves & I check his drink, then what? Can a waitress from the bar write a statement to show in court? Or if anyone has other ideas?
Thanks

excon · Oct 6, 2007, 05:14 AM

Hello woobie:

My guess, is that if we're talking about violating the protection order, you're going to need MORE than a statement from a waitress. IF the waitress was willing to go to court with you, then that would make a difference - maybe.

excon

InNeedOfHelp2 · Oct 6, 2007, 08:27 AM

Originally Posted by woobie

My husband choked and threw our daughter threw our kitchen wall in August, we filed dom. viol. charge against him. The court ordered him not to drink or to do drugs, no contact etc.... My problem now is that I have seen his car at several of his favorite bars, I have called the proscutors office to let them know and they said he is allowed to go there just not drink. Well lets see...how do you prove that he was drinking unless an cop walks into the bar and catches him? I really don't want to go in to the bar, and if I did go in and he leaves & I check his drink, then what? Can a waitress from the bar write a statement to show in court? or if anyone has other ideas?
thanks

First, Is there a protective order for you and your daughter? If there is, do not go into the bar, it could very well put you in violation of the protective order. I would, JMO here, call the authorities and tell them you believe he is in violation, let them go into the bar.

excon · Oct 6, 2007, 08:36 AM

Originally Posted by InNeedOfHelp2

I would, JMO here, call the authorities and tell them you believe he is in violation, let them go into the bar.

Hello In:

The thing is, cops won't/can't enforce a civil protective order. There is no one to help her but the judge, and she needs proof when she talks to him. That's why she should TAKE the waitress.

But even then, the judge probably won't do anything. The key to the protective order is HER protection, not his drinking. Even if faced with factual evidence provided by a living waitress who served him, the judge might think - well, as long as he's not bothering HER...

I would hope that a judge would be more responsive than that, but in my experience, they're not.

excon

InNeedOfHelp2 · Oct 6, 2007, 08:54 AM

Hi excon

Your right, judges are not more responsive in those types of situations. Maybe the guy will end up getting a DUI and then something would come of it. I know when I had a protective order on my ex, all they really cared about was if he was on the property, or somewhere near my son and I. If the court ordered this guy not to drink, I am thinking it is some type of probation he is on?