Domestic Violence, Cutting of Brake Lines

[Crystal Dybdal Jean]

My question involves criminal law for the state of: North Carolina

Hello, I have exhausted all I know to do can someone give me some advice? Besides write a book
My 17 yr old daughter was involved with a young man
And has since split up. Since April EVERY time they fought he would pop my tires on my car.(have replaced 10)
He has beat on her and threatened to kill her multiple times. I have a protection order and no contact order on him. He has gotten worse over past few weeks. They have been broke up since September but won't leave her alone. He has punched my hood of my car leaving 2 dents communicated threats that he will put a bullet in all of our heads. Has broke into my house on Christmas and kicked my tv witnesses saw him going in and coming out and getting into vehicle and leaving. But police won't charge him with breaking and entering. The other night he turned the power off at my house. Left my daughter a note on the door and when I went to move my car into the light find out he had cut my brake lines!! I have taken out papers for violating the orders. Communicating threats. And the magistrate charged him with injury to personal property. For my brake lines. Which that seems like a slap on the wrist for almost causing me to wreck that night. I honestly don't know what else to do. Can someone give me something to go with. The police just keep saying their hands r tied I'm scared and worried about my family

[Dogmatique]

Why are the police saying that their hands are tied?

[PandorasBox]

I wonder if something like this would help, and evidence be admissible in court? As included in the link, you can buy these at Home Depot, and as you can see - this runs $60.

http://www.homedepot.com/h_d1/N-5yc1...1#.UOwyjKzghko

[aardvarc]

A couple of suggestions...

Contact your local law enforcement agency and ask if they have a victim advocate. Often times the problem lies in things like this being treated as independent incidents, rather than as a pattern of dangerous behavior. An advocate will be appropriately alarmed at this escalating pattern of behavior, and it can sometimes be easier to "inspire" law enforcement from the inside, rather than the outside. An advocate can also be a crucial aid in safety planning for your family, as well as helping get things like violations of injunctions the attention they deserve. If your local law enforcement agency doesn't have an advocate, contact your state attorney's office and ask the THEIR advocate. Make sure to ask that your case be looked at as a unified case of aggravated stalking, with violated restraining orders, rather than a bunch of separate, relatively minor, incidents.

As Pandy has eluded, one of the biggest problems in these cases is the burden of proof. Prosecutor's won't pick up cases they can't prove in court, and while you and police might know in your hearts beyond a shadow of a doubt that the young man in question did these things, a JURY won't know it, and each charged incident will have to be proven beyond a reasonable doubt in court, with things like physical evidence or witness testimony. It's not enough to say "I KNOW he did it". I'm at a loss as to why a burglary charge wasn't brought when witnesses SAW this man enter your home and damage your property - that would appear to be a no-brainer - be sure to work with the advocate to get either a solid explanation of WHY, what elements of the crime were lacking (such as if he had a key), or to get the incident re-evaluated for a criminal charge - either from local law enforcement, or by taking the case directly to the prosecutor. I'd also be curious to know the thought and investigative process whereby they don't charge him with the burglary where there was a witness, but somehow think they have enough evidence to charge him with damaging the break line on your car (was there a witness to this, did he confess, how'd they get probable cause for the charge, etc). One of the best things you can do to help police or prosecutors bring a solid case against this guy is, as Pandy indicated, to help get an air-tight case on him and the best way to do that in cases of multiple trespass, stalking, and property damage is with photographs. But rather than a recorded security camera, where you won't know if you got anything without reviewing hours of recordings (which you won't do unless you have reason to think he's been there, meaning you'll MISS any incidents where he just stands in your yard in the middle of the night staring at your house), a better option is a game camera. These are often tougher than security cameras, can tolerate the elements, and most importantly, can be placed in many more places where they'll be hidden and hard to tamper with (they also don't have to be tethered to your home for power). Hunters put these out in the woods to get an idea of the hunting prospects, and rather than continuous recording, they use motion detectors to take time and date-stamped photographs, in the dark. Works on deer. Works on stalkers and whackos. And you can put them way up in trees or other places where most people wouldn't be LOOKING for traditional cameras. And the prices aren't bad either - as little as $40 for some models - so if you can afford it, get a couple (cover the front and back). The larger the range on the camera, the further up a tree you can place it. Some of the larger ranges can be more expensive, but that's why we have eBay. Here's an example of one:

http://www.amazon.com/Wildgame-Innov...ameras+hunting

And finally, this guy has made threats against your lives. That means you should be in intense safety planning mode. Contact your local domestic violence program and get them to assist your family with strategies to increase safety both in and outside of your home. Ask if they have things like assistance with security improvements (heavy locks, motion-activated lights, personal alarms, etc.). You can get an idea of some things to think about with this preliminary plan:

http://aardvarc.org/dv/plan.shtml

[cdwjava]

My 17 yr old daughter was involved with a young man
And has since split up. Since April EVERY time they fought he would pop my tires on my car.(have replaced 10)

I assume that nothing could be done because there was no proof he did the damage and did not admit to the police he committed the vandalism?

He has beat on her and threatened to kill her multiple times.

What happened when she reported these assaults and the threats to the police? DID she report them in a timely manner? Was he arrested at all? Or, was a report sent to the prosecutor for review and possible charges? Was he ever charged?

I have a protection order and no contact order on him. He has gotten worse over past few weeks. They have been broke up since September but won't leave her alone.

When he has come by, called, texted, or emailed in violation of the court order, have you or your daughter reported it to the police? What happened?

He has punched my hood of my car leaving 2 dents communicated threats that he will put a bullet in all of our heads.

Was this reported to the police? Is there evidence of his causing the damage, or do you just believe he did it? How did he communicate this threat?

Has broke into my house on Christmas and kicked my tv witnesses saw him going in and coming out and getting into vehicle and leaving. But police won't charge him with breaking and entering.

Why not? DID he break in? Was there any evidence of forced entry? It could be that no one saw him make entry at all, and likely no one saw him break the TV, either. I take it the protective order is not valid for some reason. If it is, why can't they charge him for violating it?

The other night he turned the power off at my house. Left my daughter a note on the door and when I went to move my car into the light find out he had cut my brake lines!!

Again, can you prove any of these things? Maybe the note ... and, if he did leave a note and signed it or it can be tied to him, did you call the police and report the protection order violation?

I have taken out papers for violating the orders. Communicating threats. And the magistrate charged him with injury to personal property. For my brake lines.

I'm glad that he did, but it seems a case weak on direct evidence ... might be hard to get a conviction even though common sense might say he did it.

Have you had a mechanic or other expert write a report asserting that the lines were actually cut and that the damage could not have been through normal wear and tear or some other source? A defense attorney worth his salt should have little problem articulating reasonable doubt for the brake lines being cut.

Which that seems like a slap on the wrist for almost causing me to wreck that night. I honestly don't know what else to do. Can someone give me something to go with. The police just keep saying their hands r tied I'm scared and worried about my family

I'm curious why their hands are tied, but I am not in your state so it could be that protective orders are not treated as seriously as they are in many other states.

Maybe you need a very large attack dog as an addition to the family. Plus, video surveillance and motion lights. There are ways to better secure your property.

[PandorasBox]

Ah, someone with cheaper and better cameras, yay

Motion lights are great.

If he leaves another note - do not touch it. Call the police, let them handle it. You don't want to contaminate evidence with fingerprints.

As another poster said - you should be in high safety mode. You and your family need to make plans. Like if something happens, just as you would with severe weather or a fire - a place to meet. Codes for phone calls, codes for taking a kid out of school (instead of "I'm a friend of your mom, she sent me to pick you up" - what's the password?)

Also, it would not hurt for you and your kids to take a Self Defense program. Inquire with the local gyms and martial arts centers. I'm tiny - I learned how to throw a potential rapist off of me.

I would change the locks and get dead bolts - much harder to break into. We're in a safe area, our doors have two locks on them. Always be aware of your surroundings. You want you yard lit up, or atleast with motion sensors.

If you set timers on lamps...change the times, you don't want a pattern.

I assume your 17 year old is still in school - let the school know what is going on, and she is not to see John Doe if he comes to the school saying your family has an emergency - instead, she should be locked in an office or classroom and the police called.