A guy that has assaulted/battered me twice in 2 years.
He has threatened to kill me on several occasions. He has been harassing/stalking me now for the last 5 years at my home and elsewhere since. He now has a powerful handgun in his possession as of 4-13-10. He does unnecessary suspicious drive-bys at my home often when Iam vulnerable outside. . Although I had a temp order he violated within 17 hrs of being served, nothing was done by the law enforcement or prosecutors office. I have 100s of photos of him at or near my home and several videos of him harassing me.
I have been to court twice to get a anti-stalking order both times I was only granted a temporary order, denied a permanent order twice. He continues his stalking of me to this day.What should I do?? What evidence can I present?
I WOULD LIKE TO THANK ALL THAT HAVE REPLIED WITH AN ANSWER TO MY PROBLEM. IT IS VERY KIND OF YOU ATTYS TO TAKE YOUR VALUABLE TIME TO DO THIS FOR PEOPLE. The Victim of assault and harassment/stalking ( 64 year old disabled male) There was no reason from the court for denial. The defendant never had atty either. I didnt the first time but the 2nd just after the 2nd assault I had a Wa crime victims advocate rep there. I was admitted to the emergency room both assaults. Costing a total of aprox $15,000. Not to mention the 4 teeth he knocked out. The last time he threatened me he was on horse back. One Dpty told me to build a big fence around my place to keep him out. He also followed me to town, nearly hit my car with his truck deliberately. I went directly to the S.O. and reported that. The Sheriff asked why I was bothering them with this nonsense. I plan on taking this back to court myself, with all the police reports filed and the pics and vids I have.
Criminal Defense Attorney
If you are going in to ask for a anti-harrassment order, evidence of his temperament and disposition is appropriate if you make it clear you are doing it for this purpose. A pattern or course of criminal convictions reflecting this is clear evidence that his behavior is not accidental or mistaken, but rather part of a deliberate and and larger problem of his temper and behavior. That being said, a drug conviction is not the sort of charge that reflects this sort of temperament and disposition, and raising it would make it appear that your trying to influence the court's ruling though mud slinging and the court will not look fondly on this sort of behavior. Good luck with this one: I recommend, if possible, using a video tape recorder to catch him in violation of the order, or to show that despite the previous attempts at an order, he is deliberately hanging around your house (given you have previously sought orders, he is on notice that you do not want him around). Police cannot and will not ignore this sort of hard evidence.
Divorce / Separation Lawyer
Why were you twice previously denied an antiharassment Order? What was the Court's reasoning? Sounds like you were at least able to secure a Temporary Order..was that the first time or both times? Did the other party have representation? Typically, anti-harassment hearings do not include the ability for supporting witnesses to present live testimony...usually their "testimony" is restricted to sworn declarations filed with the Court and served on the other side. Check your local court rules. Better yet, I recommend you confer with an experienced family law or protection order attorney in your county to determine how to proceed at this point.
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Personal Injury Lawyer
It is relatively easy to obtain a protective order. The rules of evidence apply. Read them here:
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