Quote Originally Posted by OakLeaf View Post
Here's a general summary. The National Crime Victims' Center supposedly has a state-by-state analysis, but I can't get to their site, maybe my security settings are too high for them.

"Restraining order" is a general term; a civil protective (or protection) order is a type of restraining order. Violation of a civil protective order is a crime in most states. Some states go so far as to require a particular police response to a report of violation of a CPO.

Any court order has to be issued by a judge. But most states don't have a special procedure for stalking victims to go to court pro se, so as with any court appearance, it's best to be represented by a lawyer.

But as I said - this is mainly academic, since it sounds like staceysue's stalker is likely to be the kind of person who would just be inflamed by receiving a summons, and who would completely ignore a court order.
Most people use "restraining order" when they mean "protective order", so if the term is to be used interchangeably, OK, but what she would want here, should circumstances warrant, is a protective order... all court documents are issued and signed by a judge (and, in some cases, the protective order is issued regardless of whether the victim wants it or not, and remain in place until the judge sees fit or the time elapses, which varies from state to state). Here in Texas, we must respond in a certain way to violations of protective orders in the matters of family violence (which 80% of them are), and, honestly, anyone I come across who has violated it goes to jail. They are issued for a reason (the judge has seen fit to issue it) so I would rather hook someone up for violating a protective order than go back to take an assault report or worse.

Just FYI as to how we respond and to what. Also...a PO is entered into TCIC/NCIC and we know it exists as soon as we identify someone through dispatch. We know who it is for and why it was issued against whom. A civil restraining order, no (obviously). The only thing we can enforce there is violating a court document (at best), and the court documents must be produced. We don't have to actually lay eyes on the PO to enforce it.

From what Stacey has said, I am not sure she has grounds for either...I gave her what I would tell anyone who came to the station and asked me what to do about a similar situation...let us know and be aware, get a CT order if he appears on her property, document, document, document every negative contact with him (harrassment is very difficult to enforce effectively without state mandated documentation), please stay away from handguns, and let us do our job if we need to. That is why we get paid the big bucks.

And bike away....just somewhere else.