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  1. #1
    Join Date
    Feb 2018
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    28

    Default Filing a Motion for a Protection Order in Federal Court

    My question involves civil rights in the State of: Ohio

    I'm trying to file a protection order against stalking and harassment. I think it may need to be done in Federal Court.

    I was wondering if this section of the law provides a statutory basis for filing for a protection order against stalking in a federal district court.

    "18 U.S. Code § 2266 - Definitions
    (5)Protection order.—The term “protection order” includes—
    (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
    (B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking."


    Also see

    18 U.S. Code Chapter 110A - DOMESTIC VIOLENCE AND STALKING § 2265 - Full faith and credit given to protection orders



    So should I be clear to file the order in Federal court without issue then?

    Just to be clear. Some FBI agents are named as defendants, along with some local police officers. Can I just file this in state court and let the court remove it to a higher court if it sees fit? Most of my allegations allege violations of state statutes, so state law may be more appropriate.

    Please do not reply unless you have constructive advice.

  2. #2
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    Sep 2005
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    Default Re: Filing a Motion for a Protection Order in Federal Court

    What makes you think it should be done in federal court rather than a state court? I have never heard of nor seen a federal protective order so I am not sure it is possible. The statutes you cite cover reciprocity and definitions concerning orders, they don't authorize the federal court to issue such an order.

    Since stalking and harassment tend to be state issues, try filing in the relevant local court. If the other party is breaking the law, then you might also consider reporting the action to the police. However, keep in mind that what you might see as stalking or harassment may NOT be crimes under the law, so it would help to have the police or an attorney help you evaluate the situation.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Feb 2018
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    28

    Default Re: Filing a Motion for a Protection Order in Federal Court

    Thanks. I have reported to the local police. The police are doing nothing. They provide innuendo admissions of their involvement and each agency I contact shows the same pattern of ignoring the mountains of evidence I bring on my USB drives proving I was assaulted, harassed, and stalked, and try to pass it off as landlord-tenant issues even though it is blatantly criminal (they tried to sell domestic violence that was occurring in my parents house as a landlord-tenant issue). This appears to be a USC 242 color of law breach (depriving protection by misrepresenting landlord-tenant law) and a breach of 18 U.S. Code § 1001 - Statements or entries generally. They are retaliating against me to protect my former university. They are compelling police encounters and trying to induce me to aggression with lies, threats to withhold official action when the situation is an emergency, and threatening to arrest me based on knowingly concealment of material facts (false arrest, or kidnapping threats). The system is so broken for me I am living in fear of being falsely arrested.

    So you think I can take the order out against and FBI agent in state court then? The law seems pretty clear that if a federal official is sued in state court, their will be a discretionary decision on whether to remove it to a higher court.

    https://www.justice.gov/usam/civil-r...ual-45-removal

  4. #4
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    Default Re: Filing a Motion for a Protection Order in Federal Court

    Quote Quoting Endofdays
    View Post
    Thanks. I have reported to the local police. The police are doing nothing.
    There may be nothing to do. Not every annoying act is a crime, and even some crimes are not something the local police or prosecutor can or will address. What you believe is "evidence" of some criminal act may not be at all.

    Ultimately, there is nothing you can do to force the police or a prosecutor to act if they do not choose to do so. You can try going straight to the prosecutor's office with the info, but they will generally punt back to the local law enforcement agency.

    So you think I can take the order out against and FBI agent in state court then? The law seems pretty clear that if a federal official is sued in state court, their will be a discretionary decision on whether to remove it to a higher court.
    How is a federal official involved in this? Is this related to your landlord-tenant issue on the other thread? That is not a federal matter at all. The FBI would not be involved. And if you have a complaint against a federal employee, there is a process for making such a complaint.

    The state court is the venue that will hear matters related to state law. If you seek an injunction against actions taken by a landlord or his or her agents, you can file for the proper orders in a state court.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Feb 2018
    Posts
    28

    Default Re: Filing a Motion for a Protection Order in Federal Court

    Thanks. It appears that I can get a state court to penalize a federal agent, so long as they are acting outside the scope of their duties, and retaliation is one of those situations. My situation is so criminal its not even funny. https://biotech.law.lsu.edu/map/Liab...rStateLaw.html

    "The threshold issue is that the federal official must have been working in the scope of his duties at the time."

    Notice that statement from the biotech site, mentions the 'threshold' questions cited in https://www.justice.gov/usam/civil-r...al-45-removal:

    "When suit has been brought against the government, or an officer or agency thereof, in a state or local court, an important threshold question is whether the action should be removed to the United States district court."

    Looks like I should file in state court, and let them decide to remove it to the federal court it not. The FBI is doing Cointelpro style business (garden variety retaliation against me as a crime victim) by teaming up with the local police to harass me. I have proven their involvement with evidence.

  6. #6
    Join Date
    Sep 2005
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    California
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    Default Re: Filing a Motion for a Protection Order in Federal Court

    The FBI is not going to care a flip about you unless you are involved in some really serious stuff. If you are not suspected of larceny in the many thousands of dollars involving a financial institution or interstate activity, human trafficking, interstate drug trafficking, or some other heinous offense(s), they are not going to be working with the local cops on anything. Getting the FBI to work on local issues doesn't tend to happen absent some very specific criteria are met.

    I think you might be better served speaking to a therapist rather than a court. You may be reading a great deal more into ... something ... than might actually be there.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Oct 2014
    Posts
    7,088

    Default Re: Filing a Motion for a Protection Order in Federal Court

    Quote Quoting Endofdays
    View Post
    My question involves civil rights in the State of: Ohio

    I'm trying to file a protection order against stalking and harassment. I think it may need to be done in Federal Court.

    I was wondering if this section of the law provides a statutory basis for filing for a protection order against stalking in a federal district court.

    "18 U.S. Code § 2266 - Definitions
    (5)Protection order.—The term “protection order” includes—
    (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
    (B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking."


    Also see

    18 U.S. Code Chapter 110A - DOMESTIC VIOLENCE AND STALKING § 2265 - Full faith and credit given to protection orders



    So should I be clear to file the order in Federal court without issue then?
    No. None that of that is a basis for seeking an order of protection in federal court. 18 U.S.C. § 2266 is simply a statute that gives definitions. It does not confer any right to seek an order of protection in federal court. The defintion of a protective order in that section is significant because of 18 U.S.C. § 2265, which requires states to give full faith and credit to the orders of protection issued by another state if that order of protection meets the requirements of that section. Again, § 2265 does nothing to confer any right to seek an order of protection in federal court.

    Nor is there any other provision of federal law that will get you an order of protection from a federal court without a federal connection (e.g. living on federal land like a military base, etc). If you want an order of protection you're going to need to go to state court to get it.

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