Criminal Law/stalking

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Expert: - 4/4/2008


Question
A member of my church has a restraining order on her soon to be ex husband. He has begun to call me and send e-mail asking about her and telling me bad things about her and using intimidating language to tell me how to treat her. I told him I did not want to talk to him about her and he doubled his efforts making me feel very uncomfortable and insecure about my safety. (after seeing his performance at the hearing for restraining order the judge took away his guns, thank goodness.) At a public function this week he approached me and started accusing me of things and walked away, but later came over and grabbed my head making me "look him in the eye."  Can I seek a restraining order against him to keep him from harassing me via phone and e-mail?

Answer
Don,

  Anyone can see a restaining order but that doesn't mean it will be granted.  Every state has a different law and different standards that apply for the judge to consider when granting a restraining order.  Unless you go down to the courthouse and begin the paper work for a court hearing you won't know what the law in your state is.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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