In January of this year, I was involved in a criminal matter that involved two males shooting several rounds into my house and vehicle. An arrest was made in the case, and a man spent about five weeks in jail. Recently, he was released. He has made several threats against me and my son. Unfortunately, there is nothing I can prove. Yesterday, I came home to find both of my dogs had been poisoned. I am sure the suspect was involved, but again, I cannot prove a thing. Do I at least have enough to file a restraining order? For I firmly believe this not the end of this harassment.
Q: Do I at least have enough to file a restraining order?
A: Maybe yes maybe no. That decision is left to the Judge. To qualify for a DVRO you need to:
1) Be the victim of “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
2) By a “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
If you can prove 1 & 2 then, theoretically, the Judge should grant you a DVRO.
That said, your odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.
Wishing you luck and hoping that I have been helpful in answering your question.
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You need to place security cameras in and around your home and yard. File a police report about the dog incidents. If the cameras capture any criminal behavior around your home by these thugs, take your evidence to the state attorney's office. You should contact them anyway, since this behavior might be considered a violation of the defendant's bond conditions already.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
You need to take proactive steps including everything within the law to protect yourself and son. Get police reports of the poisoning of your dogs by calling the police to your home if they haven;t already. You can hire an experienced criminal defense attorney to be your victim advocate. It is always better to proceed with an experienced attorney on your side when seeking a stay away order. The injunction hearing use most often police reports and testimony of instances of threats, stalking, violence as evidence. Such evidence and testimony must be elicited in such a way to convince the judge to issue the injunction. I wish you and your son well and hope my answer is helpful.
In addition to the comments about security cameras, which is very sound advice, I would also make the judge aware of what has been happening at the next pre-trial conference. As a victim, you should be receiving notifications of all hearings. Let the judge know what is happening. I find your comments that you can't prove the threats interesting. Do you recognize his voice? Your testimony of the threats alone may by sufficient proof. The courts don't use the 'beyond a reasonable doubt' standard when considering whether to revoke bond.
Even if the Judge doesn't revoke bond, he can at least he can give a stern warning in open court. It will also result in the person's attorney talking to him and telling him to stay away from you.
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