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AR15.COM
12/15/2004 12:19:56 PM EDT
The story:

    This friend of mine works with a person that was picked up for parole violation, but they questioned him about someone taking 15k from the place of work. They didn't have enough info on him to charge him with it, so they need to let him go. I guess the scumbag tried to say it was my friend, because they both had the same job, and the police came and questioned her, and she is no longer a suspect.

     The problem is, they're letting the guy go on the parole stuff, and he knows her phone number, and where she lives(they worked together for over a year). While the guy was supposedly under arrest for the parole stuff he sent her a text message asking for her help. She sent something back to the tune of "how dare you ask for my help after you put me through 5 hours at the police station the day before my finals start". Now the thing is, she's afraid he's going to come find her. She talked to a lawyer, and they haven't gotten back to her yet. However because of what he was picked up for, I guess the police said they can't file a restraining order. What can she do as far as something that a judge can hand down so that if the guy even tries to contact her that the police can pick him up for violating it? Any advice you NY LEO's can pass on would be helpful.

Thanks in advance.
12/15/2004 12:43:40 PM EDT
[#1]
In general, the criteria for a TRO are two points.  The complaintant must prove:

1.  There is an immediate and substantial possibility of death or serious injury/damage without relief.....

AND

2.  That the poice CAN NOT or WILL NOT provide sufficent protection.

Honestly, your friend doesn't have a leg to stand on right now, since he hasn't made any threats against her apparently.  I'm no LEO, but I do work in a security feild where we deal in injunctions and TROs on a regular basis.

I'd suggest:

First and foremost...

DOCUMENT....DOCUMENT...DOCUMENT.

When she's asked how many times this person has called, which sounds better?

A-"Um, I'm not sure...Alot!"
B-*Whipping out answering machine tapes, notepad documenting time of call start and time terminations and synopsis*  "Sir, the first call was on blah date at blah time and, he stated "blah".

ALWAYS carry a disposible camera.  or camcorder in the car.  It's amazing how scared baddies get when a camera comes out.

The burden of proof will lie with her, so, she's got to be prepared to document every single instance of abusive/harrassing behavior or circumstance.

The rest is anti-victim stuff.

1.  Get a CCW if NYS allows it.
2.  Get some mace if NYS allows it.
3.  Practice good security discipline at her residence.
4.  Have a small cell phone attatched to her person in some manner when sleeping.
5.  Have a fall back/evac route thought out and practiced.

Just my fiddy-cent.

12/15/2004 5:20:58 PM EDT
[#2]
Restraining/Protection orders are not worth the paper they are written on.  They only provide another thing to charge the bad guy with after he maims, rapes, or kills you.

The cops will and can do nothing to help prevent an attack.

As always, you are responsible for your own protection.

3S's.