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  1. #1
    Join Date
    Jul 2017
    Posts
    14

    Default How to Get a Restraining Order Expanded

    My question involves restraining orders in the State of: California

    I've posted before and the saga continues.

    Got an RO in July 2017 against an acquaintance who was infatuated with me. He started getting very clingy and stalkerish. Always turning up at a public place I frequent - pretending it was a coincidence. Repeatedly told him I was uncomfortable. Found out he was married with two kids. He comes across as very socially awkward. After I told him in no uncertain terms to back off and cut off contact he would just be there on the street near my house (nowhere near his house or work) at the time he knew I was going to and from work. I'd see him in his car on my way out of work and around my car every time I was at the place mentioned above. It was FAR too coincidental. Then I found a tracker on my car. I also suspect he was in my house. Can't prove it was him but he is the only one who kept showing up. Have tons of emails of email where he admits his behavior was pestering and sneaky. In the end, he stipulated to the order.

    He kept following me at a lake where I run. I documented it in a spreadsheet (time I arrived, time and location I saw him) and each time I was there he engineered to pass me 3 - 4 times. He was finally arrested for felony stalking and contempt of court. He spent 13 hours in jail then bailed out. In the end the DA declined to prosecute because he was in a public place.

    Three months later I get a call from the detective. When the stalker was arrested they took DNA. Unbelievably, they tested the tracker and there was a match. Unfortunately they couldn't prosecute because it had been more than a year.

    He continued to skirt on the edges of the RO. He was always around but not doing anything the police could violate him for. Once I saw him pull into the parking lot at my gym and sit and wait. He was gone before the police got there. The other day I was on the phone walking around the gym parking lot before going in. I wandered into an adjacent lot and there he was parked at the best vantage point to see who was going in and out. Called the police but he was gone before they arrived. The police told me to start using 911 and not the non-emergency line. They told me to go immediately to get the RO expanded.

    The form for the RO asks what stay away orders are being requested. Currently it is 100 yards from House, Car, Work. I added 200 yards from my gym (so he he can't continue to spy from adjacent properties) and from being on foot on the 1.3 miles from my house to the freeway (he looks for my car and he is all into me seeing him).

    I also requested he enrolling in a stalking aversion program - this is usually part of probation for stalkers.

    Is there anything else I can / should put in there? The big issue is that he is doing the stalking in public places.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,439

    Default Re: Expanded Ro

    I don’t understand why your ro isn’t worded that he stay away from your person. As you described it he is only restrained from specified areas.

    Your story is susoect though. Finding dna on a tracker would be highly unlikely. Testing for it would be just as unlikely, especially if it was not useable as evidence for a case. The police don’t tend to knowingly waste money like that.

  3. #3
    Join Date
    Jul 2017
    Posts
    14

    Default Re: Expanded Ro

    Assumed the "person" was a given.

    Not here for fun. Not familiar with the inner workings of PDs or timing for DNA tests. Hopefully someone with more valuable insight than you or I have will be able to post before tomorrow.

  4. #4
    Join Date
    Dec 2013
    Posts
    832

    Default Re: Expanded Ro

    I think that what JK was stating was that the RO should say that he needs to stay X amount of yards away from "you" specifically. Not just list the places he cannot be near. You will constantly be back in court if you have to keep listing new places as he learns more about where you regularly go.

    My mom and dad have this against a lady who stole a bunch of money from them. For the duration of her sentence if they run into each other, the lady is supposed to turn around and walk away as she is not to be within 200 yards of my folks.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: Expanded Ro

    In CA restraining orders will regularly indicate a stay-away distance (typically 100 yards) from the protected person as well as specific locations such as work and school. I'd be amazed if Cranford was not specifically protected by a 100 yard stay away order as well as the listed locations. If she did not post a specific location, then the restrained party could easily argue that they were unaware of the presence of the protected party. This prevents such an claim.

    Quote Quoting Cranford
    View Post
    Assumed the "person" was a given.

    Not here for fun. Not familiar with the inner workings of PDs or timing for DNA tests. Hopefully someone with more valuable insight than you or I have will be able to post before tomorrow.
    DNA testing on something like a tracker is extremely unusual. Such testing it expensive and consumes resources that at least the state DOJ lab is reluctant to perform for anything but violent felonies. A county lab (and there are few of those in CA) might be able to do it, but unlike TV, such testing is often months out. If the detective said they tested it, then I have to believe they did. But, I'm confused as to what one year has to do with anything. The statute of limitations on a felony (i.e. stalking in violation of PC 646.9) is generally three years. A misdemeanor R/O violation would be only one year, however, so that may explain the one year thing.
    **********
    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

  6. #6
    Join Date
    Jan 2006
    Posts
    38,439

    Default Re: Expanded Ro

    Quote Quoting Cranford
    View Post
    Assumed the "person" was a given.

    Not here for fun. Not familiar with the inner workings of PDs or timing for DNA tests. Hopefully someone with more valuable insight than you or I have will be able to post before tomorrow.
    you misunderstand what I meant. As cdwjava explained well, there is a difference between an ro listing specific area the restrained party cannot be and there is simply; the restrained party cannot be within some given distance from you, regardless where you are. You described only location based restraint. I suggested expanding the order to restrain the person from some specified distance from you at any time.

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