Defense and Restraining Orders
This is a discussion on Defense and Restraining Orders within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by noway2
Once again, you can't prevent crime via legislation.
We need laws to separate the vicious, the violent, and the thieving from ...
December 13th, 2012 09:54 PM
We need laws to separate the vicious, the violent, and the thieving from the rest of society; and a restraining order is one judgment of a need of separation. It is a public record and identification of that social need. The judge issuing the order has substantial reasons for doing so, and discounting the law and the victim and the real stigma on the offender is just shutting your eyes to the remedy.
Originally Posted by noway2
I agree that there's nothing about the order that gives special powers to the victim because it's merely a court order to cease and desist - a formality of the court and for the court.
Americans understood the right of self-preservation as permitting a citizen to repel force by force
when the intervention of society... may be too late to prevent an injury.
-Blackstone’s Commentaries 145–146, n. 42 (1803) in District of Columbia v. Heller, 554 U.S. 570 (2008)
December 13th, 2012 10:24 PM
A restraining order is just a piece of paper, which won't stop the determined. For those victims who don't have a method to defend themselves, definitely keep local agency on speed dial
You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt
December 13th, 2012 11:30 PM
Look into pepper spray, if he is close enough to get sprayed, he is definately breaking the VPO and a threat to her. See what the lawyer advises or check with the DA's office about he use of the spray in her case.
"Peace is that brief glorious moment in history when everybody stands around reloading".
December 13th, 2012 11:39 PM
The answer is not simple. Generally the answer is no. However, if it's a pattern of harassment, that changes things. Even though things change, it doesn't mean that the situation calls for lethal force.
Your sister should invest in some other non-lethal SD measure (with lethal backup) to use against her ex if it comes down to it. If the RO (useless piece of paper) is being violated often it speaks to the gravity of the violence that could occur. She needs to be prepared just in case.
December 14th, 2012 05:45 AM
Set up game cameras or security cameras on the property to catch him in violation of the restraining order and have him arrested,in the mean time she needs to take classes and get armed so if dipstick does try anything violent like breaking into her house/apartment she can stop him
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
December 14th, 2012 10:24 AM
Thanks again for all the input!
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