Restraining Order

Cheri said:
That's pretty dumb to have a restraining order for something so little, Restraining order should be for those who committing any domestic violence, or harassment.


That really sucks for the girl, because if the guy shows up to any public events, Usually you must remain at least 100 yards from the victim at all times when someone has a restraining order on you. But, if the girl was there just for the public event, and as long she is not harassing him, then It should have been all right. That's strange that she was arrested when she had no idea that she wasn't allow to be at any public events where this guy goes. It's not like she was following him, She was there first wasn't she?
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That's right Cheri...The girl was there first...then her ex boyfriend showed up 2 hours later! Dumb officers for arrested her!
 
I would have to look at the order itself..there are certain rules that are put into place...and I'm not sure about what happens if she is already in the establishment and he arrives (assuming he has the order against her). She probably would be in violation if she decides to stick around. Something that I see come up frequently is female takes out an order against a male...the female then feels bad and invites him over for dinner. They get into a fight, she calls the police and wants him arrested for being near her with the order. The problem with that is I cannot make the arrest because she invited him. If he were to just show up knocking on her door, then its a different story.


Now..something I find frequently is there is something missing from your story. I highly doubt that she sat in one corner and he sat in another corner and out of the blue, he decides to call the cops. Did she walk up to him at any point...did she say anything to him...did she shoot him dirty looks? What exactly happened between the time of him arriving and the police being called?

To answer your other questions, as far as I know, the courts here don't issue them willy nilly. They do take your statements as fact, however, so if you say that he is showing up at your work or calling your boss and standing outside of your house at night, the judge would most likely issue it, even if you don't have a police report...but that is up to the judge. If its just a 'he gets on my nerves' then they won't issue it...they will tell you not to go around him. These are protective orders that are put into place to protect you from harassment...not to settle a quarrel between two people who just can't get along.

In my area, you get a temporary restraining order against the person. This is put in place until a hearing can take place and you have to testify under oath in front of a judge. The judge then decides to issue a long term order or to allow the temporary one to expire. If you are full of crap and making stuff up and the judge sees that, then he/she will not extend it. If you feel that you are being harrassed, chances are you have called the police. That is something that you can take with you to get the term extended and to back up your statements.
 
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coloravalanche said:
That's right Cheri...The girl was there first...then her ex boyfriend showed up 2 hours later! Dumb officers for arrested her!
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Why does that make the officers Dumb? If I show up, and you provide a piece of paper issued by the court that says something has to happen, then the officer is required to do something about it (in the above case, I think escorting her from the premises and telling her not to return would have been sufficient). Another example is if you have a warrant out for your arrest..its a court order for me saying that you are to be arrested...I don't have any discretion in that...I make the arrest even if you are nice and polite to me doing nothing more than sitting on your front porch minding your own business. The cops don't make the laws up, nor do we have control over what the courts tell us to do.

Again, I feel that there is something missing..such as:

Last Friday, a deaf girl showed up at Starbucks for monthly Deaf event. She brought a copy of restraining order that her ex boyfriend had on her, forbidding her to be at Starbucks for Deaf event. She did not understand the papers and even went to a cop to ask for information. The cop refused to explain anything to her.
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I have never known an officer tell somebody to go screw off because they had a question about a court document. Something else happened here..and I'm betting the cop did not know the answer to her question and told her that she needs to contact the court to ask about it. She takes that as 'refusing to help her'. Before you downright accuse cops of refusing to help somebody, please tell me what she ask the cop..and exactly what the cops response was.
 
Restraining orders have been known to be abused. Its no longer a means of protection but more of an emotional baseball bat for the abuser to use to beat up other people.

Richard
 
Nesmuth said:
Restraining orders have been known to be abused. Its no longer a means of protection but more of an emotional baseball bat for the abuser to use to beat up other people.

Richard
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Yep. There are too many loopholes in the law that allows the restraining order to be abused.

For instance (John is the bad guy. Jane is the one who filed the restraining order.), Jane stalks John and goes where John goes... then reports him to the police claiming that John is harassing her.

OR...

John simply follows Jane, but sits down acting innocent while doing something else claiming to not know that Jane was there when Jane calls the cops on him.

I have a friend whose ex-girlfriend filed a restraining order against him because of something that she made up. That restraining order prohibited him from being within 50 feet from her on RIT campus. Whenever she found out that he was on campus, she would get within 50 feet of him and then report him to Campus Safety. Once, he went to talk with his advisor. She heard that he was on campus and immediately went to "see her advisor" who was down the hall from my friend's advisor. While my friend was waiting for his advisor to show up, Campus Safety showed up and forced him to leave campus. Because of that, he had to reschedule. The only problem was that it wasn't the only time this happened. Sometimes, it would take him weeks to finally meet his advisor.
 
quite this is very diffculties which if she angry at him.. He has to rights call the police.

If she didn't do anything and got arrest.. she have to rights call the lawyer and discussion why he kept contuine calling police for NO REASON and making arrest me for this any kind events.. By the way ridcouisly! My opnion! and also have to talk further w/lawyer which the best... Why can't she have fun and hang'n around w/her friends while in the Deaf Events.???? Meaning her punish all the time as everyday can't go out anywhere... That sick!
 
Why does that make the officers Dumb? If I show up, and you provide a piece of paper issued by the court that says something has to happen, then the officer is required to do something about it (in the above case, I think escorting her from the premises and telling her not to return would have been sufficient). Another example is if you have a warrant out for your arrest..its a court order for me saying that you are to be arrested...I don't have any discretion in that...I make the arrest even if you are nice and polite to me doing nothing more than sitting on your front porch minding your own business. The cops don't make the laws up, nor do we have control over what the courts tell us to do.
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Why do I think the officers Dumb? Obviously, they probably did not ask several witnesses if the girl was there first or whatever...all they see is a paper then arrest the girl! That is my opinion...Im not saying all officers are dumb...it depends on the situation...

How come you havent replied to my PMs?
 
Nesmuth said:
Restraining orders have been known to be abused. Its no longer a means of protection but more of an emotional baseball bat for the abuser to use to beat up other people.
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I'm sure you're aware that such TRO's/RO's are made under penalty of perjury? I'd like to think that they still count for something. Plus, a RO would be more 'legitimate', as it would be litigated with both sides participating. (A TRO is an ex parte proceeding.)
 
coloravalanche said:
Why do I think the officers Dumb? Obviously, they probably did not ask several witnesses if the girl was there first or whatever...all they see is a paper then arrest the girl! That is my opinion...Im not saying all officers are dumb...it depends on the situation...

How come you havent replied to my PMs?
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I can see where you're coming from on this, it happened to someone I'm very close to, and the cops didn't bother hearing two side of the story, and arrest someone who was innocent by trying to defend himself....

It's sad that some cops look at men only as an abuser but don't see that some women are one too...
 
If she was there before he was, and it's a public events why is she the one getting arrested if she is not really following him? Doesn't make no sense. She happened to be at the same location he was, is that breaking the restraining order? :confused:
 
Taylor said:
I have never known an officer tell somebody to go screw off because they had a question about a court document. Something else happened here..and I'm betting the cop did not know the answer to her question and told her that she needs to contact the court to ask about it. She takes that as 'refusing to help her'. Before you downright accuse cops of refusing to help somebody, please tell me what she ask the cop..and exactly what the cops response was.
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Why does it make it okay for you to downright HER? after all not all cops are good ones, and maybe she was telling the truth, what makes you think that every cop out there will be so helpful?...


There are good cops and bad cops out there...
 
One day they ( higher ups leaders ) will take " restrainin' order " away. There will be no more restrainin' order for everyone to against/sue others. There will be bloodshed ( murder ) everywhere.
 
CyberRed said:
One day they ( higher ups leaders ) will take " restrainin' order " away. There will be no more restrainin' order for everyone to against/sue others. There will be bloodshed ( murder ) everywhere.
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That's not gotta happen.
 
^Angel^ said:
I don't know if anyone knows about A CRY FOR HELP:THE TRACY THURMAN STORY , so tell me is the cops are doing the right thing for HER?....
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It was a good movie to watch. Nancy McKeon has been a great actress when she was young. She is now 40 years old since April 4th. Hmmm, I'm wondering what she's up to now in the next movie or show after the "Wild Hearts." Hmmmm.. but some of her films made me :zzz: in half of the scenes.
 
Cheri said:
That's not gotta happen.
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Cheri is right. What she said. What she said. Because the R/O will always be here for us even in a few new generations or more. It will not stop and the judges will not kick the R/O idea out of the window. Women and some guys need protection from other ppl.
 
Whitewolf1970 said:
It was a good movie to watch. Nancy McKeon has been a great actress when she was young. She is now 40 years old since April 4th. Hmmm, I'm wondering what she's up to now in the next movie or show after the "Wild Hearts." Hmmmm.. but some of her films made me :zzz: in half of the scenes.
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Nancy is on tv show on week nights...the "Defension" or whatever it spells...its a cop show...on lifetime channel
 
that is stupid thing i ever heard that the ex showed up and have her arrest in front of everybody when she was at starbucks FIRST for 2 hours sheesh

THUDS he is MUCH a jerk
 
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