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Restraining Order
A person I know has a child & her ex & her are now broken up.
She never took him to court for child support. Yeah, he is a dead beat dad that thinks $50 a month or watching the baby for for 2 days will suffice.
This guy & her lived together til he freaked out (again) & trashed her stuff & slashed tires. No witnesses of course.
She has moved on & lives with someone else. Both of them work alot.
He is now threatening to do it again. He drives to her place of work (World Savings near 1604) & that lot sucks as far as security.
Funds to get a lawyer aren't there for her nor are they there for constant vehicle repairs due to this mysterious wave of vandalism everytime she gets in a fight with him.
SAPD can't/won't do anything because there aren't any witnesses to any crime.
What can she do? Where can she go for advice help with this guy?
Restraining Order
kill the ex
Has she tried any assistance from the Battered Women's Shelter? I believe they can steer her in directions of legal assistance.
Surveillance to catch him in the act of vandalism.
Well for one don't tell the internet where she works lol.. there are freaks here too lurkin.
But anyway.. tell her to get some pepper spray ready in case he tries something stupid. And to move and get a new car lol...
The suggestion of the battered womens shelter is a good one. They can give her really good advice on how to proceed. They are a great organization and offer counseling and legal services/referrals, not just shelter.
she needs a gun and a concealed carry liscense ASAP
the BWS can get her legal advice
and she needs to set him up with a video camera, so there will be a good witness when she takes his ass to court
Hire a hitman.
Looks like a situation where he won't stop until he's dead.
Isnt there legal aid that she can have access too?? i think the church can help her...
i'm unemployed and have nothing to lose...if BigZak can be of assistance...let me know...yeah, that's right...i used 3rd person...jimmy likes the 3rd person...and it keeps george from getting upset...
The main number to the battered women's shelter is 733-8810. They can point her in the right direction for legal aid/assistance. Even if he has never physically touched her, it is still emotional and/or verbal abusive and that is considered domestic violence. He's stalking her and that is dangerous and she needs to do something about it for her sake and the sake of her children.
Concealed handgun and a Protective Order. Restraining order is not criminally enforceable, but a Protective Order is. She can go to the old brady green hospital for free assistance in applying for a protective order. she can also get the paperwork off the internet and take it in front of a judge to get it in affect immediately. Through the brady green it takes 10days or so.
She has to fight back and the system is on her side if she is willing to fight.
Only go to the battered womens shelter if she needs a place to hide out and if she needs counseling. The legal stuff she has to do on her own.
She also needs to do ent everything. Do ent, do ent, do ent. Write down place and times she is contacted, any threats made, any witnesses. She should not talk to him without witnesses present. If he calls, she should note the time and refuse to talk to him without legal counsel or impartial witnesses.
She needs to take out a restraining order. All of the do entation will help with that. If he's been violent before, even if it's just towards her property, she needs to get this resolved. And she needs to watch out for any friends of his that may be interested in helping out.
Further, if there is not one already in place, she needs to get a custody order and visitation schedule and his financial obligations put into writing. She can then sue for back child support, have his wages garnished or prevent his visitation or custody of the child (which might be a good idea . . . don't know how she feels about that). That will help set the stage if she chooses to try and sever his parental rights in the future.
But she definitely needs to educate herself on the difference between a Restraining Order and a Protective Order. A Restraining order is a civil order and is only enforceable in a civil court.
A Protective Order is a criminal matter and will be issued if the court finds that family violence has occurred and is likely to occur in the future. The police can be called to enforce a protective order and will arrest for violation of this order.
In general, a Restraining Order is intended to keep a party from harassing, threatening and/or causing physical harm to the other party. A Restraining Order is also intended to keep a party from draining financial accounts prior to the time that a hearing can be held. A Restraining Order is also intended to keep a party from destroying, hiding or selling community assets prior to the time a hearing can be held. In other words the purpose of a temporary Restraining Order is to help maintain the status quo between the parties until there is a hearing. A Restraining Order is enforceable in the civil court that issued it and the police cannot enforce it. You must return to the judge who issued it for it to be enforced.
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