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  1. #1

    Default Can You Get a Protective Order Based Upon a Police Investigation Without Charges

    My question involves restraining orders in the State of: OR

    About 3 years ago I was a male sexually assaulted by a female, which resulted in great bodily harm and required medical attention. I didn't report the incident until 2.5 years later, a full investigation was completed, but the prosecutor failed to file charges. This incident happened in Michigan, but I now live in Oregon. I fear for retaliation, however, since there are dangerous people in the assailants family.

    can someone tell me, do I have enough evidence in combination with the police investigation to obtain some sort of domestic violence restraining order in Oregon, which would be effective across state lines?

  2. #2
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    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    It is unlikely unless you can show that she is a danger to you, which will be a challenge given the distance between you. Has she contacted you in any way since the assault?

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    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Quote Quoting zags4champs
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    My question involves restraining orders in the State of: OR

    About 3 years ago I was a male sexually assaulted by a female, which resulted in great bodily harm and required medical attention. I didn't report the incident until 2.5 years later, a full investigation was completed, but the prosecutor failed to file charges. This incident happened in Michigan, but I now live in Oregon. I fear for retaliation, however, since there are dangerous people in the assailants family.

    can someone tell me, do I have enough evidence in combination with the police investigation to obtain some sort of domestic violence restraining order in Oregon, which would be effective across state lines?
    You could file to get a protection order but if you can't show how she can harm you it probably won't get approved. There has to be proof of imminent danger to you.

    You could have went and filed for one 2 1/2 years ago without reporting it to the police even. I'm glad you did finally report it but alas without physical evidence that's likely why the prosecutor didn't file charges.

    Does she have family members who live near you in Oregon? If they are threatening you or harassing you I would get an order against them. Not her.

  4. #4

    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Thank you for the replies. I've read many other posts regarding restraining orders, and it seemed that the requirement was evidence or allegations of PAST physical harm in obtaining a restraining order. There was actually evidence in this case, moreso than most sexual assault cases, including hospital documentation and surgical intervention. Perhaps the requirements are different for men than women seeking restraining orders.

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    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Quote Quoting zags4champs
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    Thank you for the replies. I've read many other posts regarding restraining orders, and it seemed that the requirement was evidence or allegations of PAST physical harm in obtaining a restraining order. There was actually evidence in this case, moreso than most sexual assault cases, including hospital documentation and surgical intervention. Perhaps the requirements are different for men than women seeking restraining orders.
    No the requirements aren't based on gender. It's the fact that it's been 2 1/2 years and if she hasn't made any threats to you or contacted you in the 2 1/2 years since the incident then I highly doubt you would get an order. You could file for one and present that information. You might get a temporary order. But at the hearing for the final order the judge will ask if she has recently threatened you or contacted you and if you say no, I could see the judge denying it. PLUS the respondent (your assailant) would be served that there is a hearing and she is allowed to be there and state why there should be no order against her. You can use past harm BUT you have to start with the most recent and go back so if the most recent is 2 1/2 years or 3 years ago and no incidents since then where's the harm? Where's the fear of harm?

    So - has she contacted you recently or at all in the last 3 years or since the investigation?

    Has her family contacted you? Do they live near you or just live in the same state?

    If you have no chance of running into her or her family, I'm confused as to why you want an order after all this time.

    If there was physical evidence why did the prosecutor decide not to file charges?

    Like I said you can go ahead and file it. If you get it bravo but I don't have a good feeling that it will get approved based on your information posted. I would say the same thing to a woman too. It's not about gender.

  6. #6

    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Neither her nor her family have contacted me over the past 3 years, however, they have stalked my FaceBook and tried several times to get the police to violate my probation for very very inane and innocuous stuff that I have posted (no direct harassment against her, but allegations of indirect harassment). So contact has been through the police, basically, and its been relatively frequent. Family lives in NY, so no complete opposite side of country about as far away as possible.

    What I'm afraid of is that some of this family is criminal. There are people in this family who have killed for slights against other family members. I don't want to get stalked out and end up like one of those guys. I know that allegation isn't going to get me very far in the court of law because I can't prove it, but I honestly just don't feel safe after reporting her and some other past history with her.

    Why the prosecutor didn't file charges is beyond me. The detective who worked the case is the same detective who has worked past DV incidents were I was the alleged perp (possible conflict of interest?). The prosecutor just stated that there wasn't enough evidence to be able to prove the case beyond reasonable doubt, to hell with the whole probable cause step I guess... I think there was more to the decision factor than just evidence here.

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    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Quote Quoting zags4champs
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    Neither her nor her family have contacted me over the past 3 years, however, they have stalked my FaceBook and tried several times to get the police to violate my probation for very very inane and innocuous stuff that I have posted (no direct harassment against her, but allegations of indirect harassment). So contact has been through the police, basically, and its been relatively frequent. Family lives in NY, so no complete opposite side of country about as far away as possible.

    What I'm afraid of is that some of this family is criminal. There are people in this family who have killed for slights against other family members. I don't want to get stalked out and end up like one of those guys. I know that allegation isn't going to get me very far in the court of law because I can't prove it, but I honestly just don't feel safe after reporting her and some other past history with her.

    Why the prosecutor didn't file charges is beyond me. The detective who worked the case is the same detective who has worked past DV incidents were I was the alleged perp (possible conflict of interest?). The prosecutor just stated that there wasn't enough evidence to be able to prove the case beyond reasonable doubt, to hell with the whole probable cause step I guess... I think there was more to the decision factor than just evidence here.
    You can easily block people on Facebook. You also should probably avoid posting anything about her even if it's vague.

    So they're not making contact with you, have not made any threats or harassment or been violent toward you or physically harmed you in three years? There's nothing that prohibits them from contacting the police.

    What are you on probation for?

    Have they been convicted of murdering people? What proof do you have that they have murdered anyone?

    Unfortunately I don't see anything you have said that would make a judge grant you an order. No one in her family or her has been threatening or harmful to you in 3 years. All you have is hearsay about murders and no proof that they killed anyone. No proof that they're really stalking you.

    How do you know they "stalked" your Facebook page? Do you have it set to private? If it's public, then anyone can look at your page. If it's private and you set it to only your friends can view it, then only your friends can read it. If there are people you think who are mutual friends with her or her family, delete them. You control who sees your page. They can't "stalk" your page really.

    The detective purely investigates. So unless that detective didn't give forth all the evidence I don't see what he could have done with this case.

    I suggest setting your FB as private as possible and any other social media. Block them on all social media and your phone. If they come to you and harass you or threaten you call the police asap.

  8. #8
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    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Quote Quoting zags4champs
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    Neither her nor her family have contacted me over the past 3 years, however, they have stalked my FaceBook and tried several times to get the police to violate my probation for very very inane and innocuous stuff that I have posted (no direct harassment against her, but allegations of indirect harassment). So contact has been through the police, basically, and its been relatively frequent. Family lives in NY, so no complete opposite side of country about as far away as possible.

    What I'm afraid of is that some of this family is criminal. There are people in this family who have killed for slights against other family members. I don't want to get stalked out and end up like one of those guys. I know that allegation isn't going to get me very far in the court of law because I can't prove it, but I honestly just don't feel safe after reporting her and some other past history with her.

    Why the prosecutor didn't file charges is beyond me. The detective who worked the case is the same detective who has worked past DV incidents were I was the alleged perp (possible conflict of interest?). The prosecutor just stated that there wasn't enough evidence to be able to prove the case beyond reasonable doubt, to hell with the whole probable cause step I guess... I think there was more to the decision factor than just evidence here.
    Shut down your social media accounts. Seriously.

    Why you haven't already done that is beyond me.

    If neither her nor her family have contacted you in three years, there is likely no basis for a restraining order.

    If the criminal family members are going to kill people for slights against other family members, there is an excellent chance that if they wanted to do so, you wouldn't be here today.

  9. #9

    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Thanks for the insight. Best to check privacy controls on FB, if not just flat out delete my account I guess, the family is on a warpath for me and has been for a long time. Am on probation for illegally possessing study drugs to study for a graduate school exam, ex-GF turned me in for it (same one who assaulted me).

    LOL about the role of a detective... the one's I have encountered did a WHOLE lot more than just investigating, and they actually even had influence in the prosecution phase concerning my punishment (the investigation against me was concerning issues much bigger than simple possession of adderal...)

    All this aside, looks like I'm not going to have much success with a restraining order. Don't really know what they actually really even accomplish to be honest... at least probably nothing against a person hellbent on revenge.

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    Default Re: Is a Full Police Investigation Without Charges Enough to Get a Protection Order

    Quote Quoting zags4champs
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    All this aside, looks like I'm not going to have much success with a restraining order. Don't really know what they actually really even accomplish to be honest... at least probably nothing against a person hellbent on revenge.
    Honestly? You're right. Someone who is intent on physically harming you isn't going to be stopped by what is essentially a piece of paper.

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