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  1. #1
    Join Date
    Jan 2006
    Posts
    14

    Default Responsibility of the police to enforce restraining orders

    simultaneous, conflicting restraining orders filed in side by side counties
    police knew that the one against me was falsified, yet they did nothing except enforce it everytime the plaintiff called them. they would bang on my door in the middle of the night and enter my apartment, wake up my young daughters. my daughters were terrified and worried i would be arrested as they heard the police talking to me. police admitted to me that they knew she was abusing the system but they had to do their job.
    i understand that they had to do their job but they knew that children were being traumatized.
    don't the police have a responsibility here? what the hell are the police for anyway?
    couldn't there have been an investigation, or shouldn't they have brought the situation to the DA's attention???? everyone is reluctant to talk about this. it seems they want to protect the police ..... ???

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,548

    Default

    Quote Quoting kriky
    simultaneous, conflicting restraining orders filed in side by side counties
    What state did this occur in?

    When this happens, we are generally encouraged to go with the most recent order.

    Quote Quoting kriky
    police knew that the one against me was falsified, yet they did nothing except enforce it everytime the plaintiff called them.
    When someone shows the police a restraining order - or they have a record of a valid order on file, we are required to enforce the order. It is not the position of the police to decide if a judge was in error or not. Absent any complete and true knowledge that the order was in error, we are generally required to enforce it.

    Quote Quoting kriky
    i understand that they had to do their job but they knew that children were being traumatized.
    Hire an attorney and go after the other party for falsely complaining about you. See if the DA will file charges against the other party for filing false police reports.

    However, it is often hard to PROVE that a report was knowingly and intentionally false. Unless the other party said they spoke to you and you can prove that you were somewhere else, there is ample room for error ... a car similar to yours could have driven by, etc.

    Quote Quoting kriky
    don't the police have a responsibility here? what the hell are the police for anyway?
    In this case they are there to enforce the laws of your unmentioned state.

    Quote Quoting kriky
    couldn't there have been an investigation, or shouldn't they have brought the situation to the DA's attention????
    Maybe. But nothing precludes you from asking the police about the possibility of charges against the other party or from hiring an attorney.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,059

    Default

    Quote Quoting cdwjava
    Quote Quoting kriky
    simultaneous, conflicting restraining orders filed in side by side counties
    What state did this occur in?

    When this happens, we are generally encouraged to go with the most recent order.

    Quote Quoting kriky
    police knew that the one against me was falsified, yet they did nothing except enforce it everytime the plaintiff called them.
    When someone shows the police a restraining order - or they have a record of a valid order on file, we are required to enforce the order. It is not the position of the police to decide if a judge was in error or not. Absent any complete and true knowledge that the order was in error, we are generally required to enforce it.

    Quote Quoting kriky
    i understand that they had to do their job but they knew that children were being traumatized.
    Hire an attorney and go after the other party for falsely complaining about you. See if the DA will file charges against the other party for filing false police reports.

    However, it is often hard to PROVE that a report was knowingly and intentionally false. Unless the other party said they spoke to you and you can prove that you were somewhere else, there is ample room for error ... a car similar to yours could have driven by, etc.

    Quote Quoting kriky
    don't the police have a responsibility here? what the hell are the police for anyway?
    In this case they are there to enforce the laws of your unmentioned state.

    Quote Quoting kriky
    couldn't there have been an investigation, or shouldn't they have brought the situation to the DA's attention????
    Maybe. But nothing precludes you from asking the police about the possibility of charges against the other party or from hiring an attorney.
    When they came to your house, they were responding to a complaint, and were thus investigating the complaint. They don't have to schedule their investigations for business hours.

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