Drunken aggressor (73) trespassed & threatened to shoot his neighbor (47) for trapping his cat (Feral feline problem). Aggressor (73) was told to leave property, he refused to leave and started choking neighbor (47) trying to defend himself he pushed the attacker away. Both lost their footing and fell on the ground. The older man repeatedly threatened to shoot the other. Both now upright, the older man began hitting & punching the neighbor, in turn he struck the older man. Cops were called, no charges filed, no arrests. Both men refused medical treatment (EMT on scene). The next day the older man seeks medical help. 6 days later the older man files "Temp.Restraining Orders" against the younger neighbor. The older man owns guns & has pulled gun on 3 other neighbors in past 4 yrs.
This question is more appropriately answered by a criminal defense attorney.
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Sure, self-defense. The protective order, please keep in mind, is to prevent future harm or danger, not necessarily to punish past behavior. Therefore, the 47 year old needs to say that in the future, he will not use his traps and he will not go to the 73 year old to discuss the cat problem.
Of course there's a defense. I'm assuming the 3 neighbors will all be willing to testify that a gun was aimed at them right? Still, one might ask why none of them called the police. Restraining orders show up on background checks and the restrained party will be forced to give up any guns he might own. Being neighbors, having a restraining order can cause serious problems if a neighbor continually calls to violate the restrained party. Getting a lawyer would be a decent idea.
If the younger man can establish the facts you has stated he should file his own restraining order because those remedies are not exclusive to just the first one to file for relief. Also, if the 74 year old has a habit of threating people with a gun he may have a mental health issue and someone should let the authorities about that behavior. Geezers with guns waiving around the neighborhood are dangerous and inclined to shoot someone if they get a bug up their butt.
Hello Clearlake! What a lovely area of the State! I think there are several defenses which may be available here. Contact an attorney. I would search for one here on Avvo. Read the client reviews- they are helpful.
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