Legal: restraining orders

Cpl Private RallyPoint Member — Sat, 05 Sep 2015 13:56:14 -0400

I hate putting up my personal business but every cop/lawyer I've talked to in the last 24 hrs brings me to a dead end.

this is going to very unprofessional of me. Someone has been threatening my wife and harassing her for 3 months come sept. Posted a naked picture of her that was meant for me, threats of beating her, having others beat her, death, claims of theft without any evidence, sexual harassment and this rainbow flaming idiot wants to play stupid and posts stuff all over Facebook and what else they have out there, so he's being a little high school girl about this.

My solution: what is every guys first thought?

Better solution: ask someone who has better experience with legal information and a calmer mind then I do about California

Response by CSM Michael J. Uhlig made Sep 5 at 2015 2:03 PM

CSM Michael J. Uhlig — Sat, 05 Sep 2015 14:03:57 -0400

Gotta give you props for keeping calm, surprised their wasn't an ass whoopin by this point....but, make sure you know the entire situation as it sounds like there might be a little more than what you posted here....how does someone get away with threatening your wife, for three months? no emergency protective orders yet? Just call the local PD and get the ball rolling and again, you did great by restraining yourself to this point.

Response by Cpl James Waycasie made Sep 5 at 2015 2:28 PM

Cpl James Waycasie — Sat, 05 Sep 2015 14:28:53 -0400

I would take out a Temporary restraining order, print off every episode from facebook and other social media, document dates, times, places, events, witnesses, then go see a Lawyer. I would warn said individual to stay away and use what ever force is needed to protect myself and my family if the issue becomes physical. Being in the military, you know talk is cheap, and even though words anger and frustrate you, retaliation physically over words is just going to land you in jail, which may be what he is trying to do by provoking you in the first place. Don't let that happen Sir.

Response by LTC Private RallyPoint Member made Sep 5 at 2015 2:42 PM

LTC Private RallyPoint Member — Sat, 05 Sep 2015 14:42:25 -0400

Cpl Private RallyPoint Member have you gone to your command or legal assistance? I would start there and see what they can do. Make sure you take the "proof" you have as a basis for your concern. If the other guy is a Soldier too, your command can call his to address the situation. Hope this helps, good luck and sorry you guys have to go through this.

Response by SGT Jerrold Pesz made Sep 5 at 2015 7:04 PM

SGT Jerrold Pesz — Sat, 05 Sep 2015 19:04:43 -0400

Unfortunately a restraining order or an order of protection is just a piece of paper and rarely accomplishes much if anything. A pissed off ex usually just ignores it and unless the cop is actually there to see him violate it it is just "he said, she said" and nothing usually happens. Sadly a large percentage of the women killed or seriously injured have a restraining order against their attacker. That said I agee with others who said that you should talk to the base legal people.

Response by 1SG Private RallyPoint Member made Sep 5 at 2015 7:54 PM

1SG Private RallyPoint Member — Sat, 05 Sep 2015 19:54:21 -0400

Cpl Private RallyPoint Member, I understand that this has made you very upset, but you would do well to dial back the rhetoric on the internet.
Having said that, you need a restraining order on this cat. Others suggested printing the messaging on facebook in order to build a stalking case, and that is sound as well.

The missing link to me, man to man, is how is it that an individual you identify colorfully as being homosexual came to have a grudge with your wife and came into possession of naked photographs? There seems to be much more to this story...

Response by SCPO Private RallyPoint Member made Sep 6 at 2015 12:00 AM

SCPO Private RallyPoint Member — Sun, 06 Sep 2015 00:00:29 -0400

I am a retired LEO. I find it impossible to believe that no police department will assist you. They should, AT A MINIMUM, take a report establishing the harassment and threats. Then you get a lawyer to file for a Restraining Order or a Peace Bond in court. The police department where you live won't help, you go to the sheriff. No satisfaction there, you go directly to the County DA. If you have documented or verifiable evidence of things you say this person has done, request to take this up your Chain of Command to your CO, and enlist his personal intervention with the local law enforcement agencies. BTW, where and how would this person get a naked picture of your wife...sounds more than a little questionable. I'm thinking there's much more to this whole story of yours.

Response by MSgt Michelle Mondia made Sep 6 at 2015 10:33 AM

MSgt Michelle Mondia — Sun, 06 Sep 2015 10:33:42 -0400

Are you or anyone involved still in the military? The crime is the posting of the nude photos...how'd he get them? You can at least get a report filed about it so if things escalate you have already started building a case. Where did the Sexual harassment take place? If at work there's clear HR guidelines to follow and report. Final question...is this her ex boyfriend?