My neighbor down stair has a restraining order and the cops wont do anything?

Question

I live in a 2 family home, and my neighbor down stair has a restraining order against her ex. He has been learking around the house, and tonight I saw him walking into the backyard. Since I didnt know about this before hand I knocked on her door and asked if she was expecting anyone and she said no I described him to a t and she explained everything that had been going on. The cops came took a report and went to his house. They questioned him and he had the same clothes on that I mentioned and his 8yr oldd son said he just got back from getting cigarettes. The cops said they cant do anything unless he harms someone or damages property. Is this right? Is there anything else we can do? I did pick him out of 4 different men in a picture. I feel llike something else should have been done. the officers didnt even look in the backyard to see if he was still there before they left.

Answer 1

Restraining orders are not generic.   I have seen them in place for people who share the same residence.  Find out from the neighbor what the provisions of her order are.  Go the the officers supervisor and ask why nothing was done.  

Answer 2

No, the restraing order cleary states that the person cant some so and so feet, near that person, and can be arrsested if done so.

Answer 3

Keep a camera handy (with the date/time stamp). If you see him lurking around - snap a photo and give it to your neighbor. It's not much but it is a way to show he violated the order.  (or course don't put yourself at risk)

Answer 4

yeah that was just sorry. but if he wasnt there they had nothing to go on but your word, not very reliable if you figure the kind of people police deal with regularly.  if you see him again, call the police without going downstairs or anything.  where i live second degree tresspassing and violation of domestic orders usually come with hefty bonds.

Answer 5

Whether or not the police should have done something depends upon the terms of the order of protection, the exact provisions of the state criminal statute, and whether the ex has been served with the order of protection.

In my state, assuming from your description that he was actually on the real estate comprising the residence, if he had been served with the order of protection and the order specifically barred him from the premises at that address, charges should be filed.

Answer 6

i say just stay out of someone else's problems laurie hunny,ya shouldn't get involved in there sorta things as it puts ya self in the middle the problem...i say leave it to the authorities...that ex-bf dude could come lookin for ya instead if he knew that ya reported him to the cops...stay away babe..  

Answer 7

If you picked the ex out of a line up, then it is probable that there are charges pending against him...but lets face it violation of a restraining order is a misdemeanor and right or wrong, not considered a priority.

As for the cops not checking the backyard...why would they? Did you think the ex had returned having just received a visit from the PD? Not likely?

And how you you know what the ex's son said to the PD or what clothes the guy was wearing when the PD contacted him?

Have you seen a copy of the restraining order? Have you been to the courthouse to see whether it is still in effect? Do you know the conditions of the order?

If the answer isn't "Yes" to all three of the above, then you are getting really hot over nothing.

Answer 8

What state is this in?  In MA there does not have to even be physical contact for an arrest to be made, you can be arrested fr sending flowers when there is a restraining order in place!  There is no equity especially if you are a male!  If there is a legitimate danger that is one thing but women are allowed to constantly abuse the system here and are overly coddled by a court system that seems unwilling to give any rights under the law to men.  If women want protection that is fine as long as there is the need but they should be required not to contact the alleged perpetrator either!

Answer 9

Yes, they can do something if he is still there when the police arrive, but they have to see him there.  The restraining order says that he has to stay _____ feet away from her, so if they catch him within that boundary the officers can arrest him for violating the restraining order.  In the incident you describe, you can call the station or substation and ask to speak to the watch commander about the officers' failure to search the backyard before they left.

Answer 10

If you see him again, call 911.  Most restraining orders required the restrained person to be at least 100 yards away from the protected person.  Being in the yard is clearly a violation.

Answer 11

the police have the obligation to arrest the man for violation of the restraining order.  they lied to you.  the cops try to give the violator of the restraining order a couple chances by documenting each report to build a strong case that wont get thrown out of court(the cop is covering his butt), but they are obligated to arrest him if you push the issue.  if they simply wont do anything, get a lawyer and go after the police department, but have your phone calls documented to 911 for proof and have a lawyer get a copy of the police reports before you file any charges.