'Orders of Protection' and stupidity....(rant)

[shooter1201]

Yesterday, dispatch sent me to speak with a lady regarding an 'undesirable' visitor. As soon as I heard the address, I knew what 'it' was about.

This lady got tired of her 'boyfriend' SEVERAL months ago, and attempted to break it off...so she says. She keeps coming home from work, etc, and finding him INSIDE her home...so she says. She wants him GONE....so she says.

So...I finally convince her to go to the clerk's office and get an 'order of protection' against him. I also encourage her landlord to go along and get a 'trespass warrant' taken out, which he does NOT do, as I found out later.

Anyway, sure enough, this guy IS inside her home. We've never been able to catch him before. Knocking on the door and apparently getting him out of bed, HE says SHE let him inside.

Hmmm.....I was present yesterday when the landlord changed the locks AND secured the window SHE said he used to gain access inside. Something 'smells'....

So...I arrest him for violation of the 'order' and take him to jail. In the meantime, I intend to find out if she DID let him in, AFTER obtaining an order of protection. If she did, her @$$ belongs to the judge....

WHY did she apparently do just the OPPOSITE of what she claims she wanted to do....? Insights, anyone?

[tcsd1236]

Our DA's office wont let us arrest "protected parties" who violate their own Order. Does yours?

[shooter1201]

I figure IF she DID allow him access AFTER obtaining an order of protection, coupled with the fact she called the police, she will be charged with filing a false police report.

HE was arrested simply on the facts at hand. There WAS an order of protection on file and he WAS in apparent violation of said order.

[klar]

Always hear and thought that if she invites the party in the oreder of protection or even restaining order were hence nul and void. IS this still true?

Klar

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Come in, sit down, and I will feed you.

[MSPintern]

Sounds like a typical trashy abusive relationship. One minute they want the cops, but when they show up, they don't want anyone arrested. Anw will usually continue this behavior. My dad is a Prosecutor, and he will eventually not authorize any charges against either of them if it continues. He told one lady,because she would call then not want to do anything about this guy, "I will help you if you need help, but if you want to continue to be a punching bag that's your problem!, stop wasting our time." She again ignored my dad and let him back in the home. He stabbed her with a butcher knife the next time in the chest. The knife went clear through her chest, out her back, and missed her heart by only milimeters. She lived and at that point finally moved out. People are weird like that.

[Ksfuzz]

Its a never ending circle, one spouse throws the other out, then invites them back in. If I go to a report of a violation of a protection from abuse order and find the suspect there...he/she will be arrested per the order. If I find through investigation that the "protected" party actually had allowed the suspect to violate the order, charges will be brought against she/he as well. The PFA works both ways....neither can violate it. The county attorney probably won't prosecute, but I will submit it anyway!

[Don]

You see this kind of crap all the time. You have a manipulative partner and one who allows the manipulation. Or you have both of them being manipulators. This is why until several years ago LE didn't do much about domestic violence. When the laws were a little different than they are today, you really couldn't do much anyway. When you did take somebody to jail, you knew that the other party would be down to bail them out as soon as they cooled off.

It is and always has been a "no win" situation as far as LE is concerned.

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I used to have an open mind - but my brains kept falling out.

6P1 (retired)

[TimTejas]

Because she loves him