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  1. #11
    Join Date
    Aug 2008
    Location
    North Texas
    Posts
    561
    Quote Originally Posted by OakLeaf View Post
    (((((((staceysue)))))))

    KC, she has plenty to get a restraining order in Ohio. It's different in every state. As is the issue of whether it has to be a domestic situation, or whether stranger stalking qualifies. It wouldn't hurt to talk to a lawyer, although when someone's really wacko as this guy sounds like, it's debatable how much good a court order will do...
    A *restraining* order is a civil order, not a criminal one! It is NOT criminally enforceable (I believe it is the same in every state). A PROTECTIVE order IS criminally enforceable, but must be ordered by a judge, not a lawyer. Again, I believe it is the same in every state. You call a cop out for a violation of a restraining order and there is NOTHING I can do about it (unless another crime, say trespassing, is occurring). Based upon what she has said, she probably has enough for a criminal trespass warning. She may have enough for a restraining order, I'm not a lawyer so don't know, but unless she wants her lawyer to come out and help her, it is pretty much useless.

    What she is doing now is good...avoidance and awareness. I am hoping she has changed her mind about the gun issue, but that is up to her if she is carrying it legally. If it continues or escalates, filing a report and/or requesting extra patrol to establish history is critical. A good department will take her seriously and, if this guy has done this before, has probably dealt with him in the past.
    Last edited by kenyonchris; 11-13-2009 at 06:16 AM. Reason: hit submit too fast

 

 

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