Why is it so hard to get a protection order?

Question

I am a Female. I had police reports. Vandalism reports. One icident only where the Respondent tried to run me over....there were no witnesses. She called me a liar. That was it. The judge didnt rule in my favor. Now I am helpless. I own a gun but I dont want to go to priszon for some stupid lady. What do I do if she attacks me again and there are no witnesses? The judge wont believe me. How easy is it for criminals! No wonder they use dark alleys!

Answer 1

It is a very difficult situation, unfortunately the "burden of proof" lies on you. The more documentation you have the better your chances for filing a restraining order.....photos are a big plus, the police reports were good but not enough (obviously), eyewitness' , keep a journal with exact dates and times...if this person calls-record them...documentation seems to be the only way to get this....
Photos of damage HELP alot! And ALWAYS be the first to call the police!!!
I know from personal experience....

Answer 2

Many people go to court on their own to obtain a restraining order. Some people go the very first time they are abused while others wait until they can't live with it any longer -- sometimes years. What some fail to understand is that, despite the social awareness and sympathy surrounding violence, the decision to grant a restraining order is based on law and legal process. Because of this there are steps you can take to increase your chances of succeeding in court. (Excuse length)

Whenever you go to court it's important to keep your emotions in check. The bottom line is that if you can't testify coherently the judge won't be able to rule in your favor. Most judges don't respond well to tears jealousy or anger despite the fact that you may at times feel overwhelmed by such emotions. Do your best to stay calm and state the facts slowly and clearly. If possible, take some time to prepare before you go to court. Write out what you want to say in brief words (like a cheat sheet) using subject headings so you'll remember what's most important. You may even want to practice your statement in front of a trusted friend.

This may sound simplistic but when you're facing a judge they may make the difference between a successful verdict and dashed hopes.
* Dress as if you were going to a job interview. If this isn't an option for you, just be as neat and well-groomed as possible.
* Don't ever interrupt the judge while she is speaking. This is the golden rule. No matter what she's saying wait until she's through. Interrupting or arguing is a surefire way to prejudice that judge against you. When she's finished you should politely ask permission to speak.
* Don't interrupt the opposing party. No matter what verbal concoction your opponent is spewing s/he has the right to speak freely. Know that you will get your chance to explain or deny what's been said.
* Don't make faces of disgust or shake your head in disbelief during the proceedings. Also, try not to jump up and down if the judge decides in your favor. Very rarely does the decision rendered please everyone. It's best to adopt a professional demeanor and save the anger or celebration for private moments.

To help in getting the TRO, call the police if you feel threatened or have been a victim of violence. This is important for your physical safety but it will also help your case in court. The police must file a report documenting the incident whether you seek a restraining order or not. If you go to court for that particular episode or a future one, you get a copy of the report from the police station and take it to court. Whether or not the police take pictures of any injuries, you should have a friend or family member do the same. (Police photos don't always make their way from the police file to the judge's courtroom in time for a restraining order hearing.) Ask your friend to take approximately ten pictures -- and be sure that she or he photographs your injuries from different angles, using both outdoor and indoor light. It's also important to photograph any property damage. Take pictures, for example, of any broken glass, windows, that resulted from the violence. For your own protection, carry pepper spray, have your cell phone ready to call for help, and carry a polaroid or video camera.

You could try "stalking" charges against her. A person can be charged and convicted of stalking as well as be charged and/or convicted of any other criminal offenses. A victim of stalking may bring a civil lawsuit against the stalker and recover money damages.

Stalking is considered a malicious course of conduct or behavior that includes approaching or pursuing another person with the intent to place that person in fear. The behavior must be a persistent pattern of conduct that involves a series of acts over a period of time that shows a continued purpose. There must be a reasonable fear of bodily injury, or death to the person being stalked. In other cases, the stalker may threaten a victim with the fact that a third party, someone close to the victim, will likely suffer serious bodily injury or death. The National Center for Victims of Crime has additional information on federal and state laws at its web site: www.ncvc.org/law/fedstalk.htm

Answer 3

keep calling the police till they get tired of you calling and they then might do something. call a local paper and maybe get an article written about this problem. call your congressman. to call the judge.. are mayor, are state legislator.go to a city government meeting and tell them whats happening and what you should do, make waves.the squeaky wheel gets the grease.if she comes to get you, if you have to shoot.and she is threatening you with a weapon. kill her.dont wound. and drag her into the house, saying she broke in.clean up the mess out side.good luck.

Answer 4

so stay around people and then she will leave you alone cuz she doesn't want witnesses. get an alarm system for your car and house. in the absence of direct proof the judge can't do anything. get a camera phone and keep it with you

Answer 5

you need a private investigator to document the things that are going on then present this info. to your district attorney.and he will pick up the charges and go from there.