ask if he has actually hit you and you tell them no, but he is throwing things around and stuff and you fear that the abuser is going to hurt you, how come the police won't remove the affender from the home. They told my friend you have to be hit first before we do anything. Why is this does anyone understand it??
your knowledge is appreciated
2007-01-15 12:50:07 · 10 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
oooooops I forgot to say that he did push my friend.
2007-01-15 12:58:53 · update #1
my friend told the police that this person was pushing her around. but obviously it was not serious enough for the police to go and remove the affender.
2007-01-15 13:03:20 · update #2
If nothing criminal is going on, the police cannot violate his rights by removing him from the home. By living with the jerk, your friend's property has become communal property - her stuff is his and vice versa - and he can throw it around or destroy it all he wants.
Your friend needs to make a good decision and leave his @ss. She can't rely on the police. At that point, he's just an *******, and there is no law against being one.
If he pushed her, that is an assault. I'm guessing that she didn't tell the 911 operator that.
2007-01-15 16:23:12 · answer #1 · answered by sher 4 · 1⤊ 0⤋
I have gone to thousands of domestic calls where no crime is committed. It is not against the law, in Nevada, to destroy your own property. Law Enforcement can only act when a crime has been committed. To be direct, when one of the parties would tell me they were afraid their spouse would hurt them when we leave, I would ask them if they would like to leave. 95% of the time they say no, even though they said they were in fear of their lives. There are many other options to take. A restraining order is a good alternative to order the other party out of the house. Unfortunately, the police can't be there to protect the victims 24/7. Police want to protect the stated victim but we are bound by law and forcing someone from their house without a crime or without due process is a violation of their rights and law enforcement can be sued. Most of the time we will try to get voluntary compliance, if not crime has been committed, for the person to leave. Hope this helps.
2007-01-15 22:18:35 · answer #2 · answered by scubapelli 2 · 1⤊ 0⤋
In Canada we will charge a spouse with mischief if he/she damages property in the home, especially if it was done to intimidate the other spouse. We can't just remove people from their homes for throwing stuff, they have to commit some kind of an offence. I have arrested someone for "prevent breach of the peace" because I believed that the spouse was going to continue to breach the peace because of his behaviour. This is not a charge and the person was held until he was sober and is allowed to return to the home. The police obviously looked into the matter with your friend and decided they wouldn't/couldn't lay charges. Did he say she shoved him too? The best thing for you to do is to get out yourself before something happens.
2007-01-16 02:41:26 · answer #3 · answered by joeanonymous 6 · 0⤊ 0⤋
If you are asking that he be arrested for physical abuse that might be the problem. Have him arrested for terroristic threats if he threatens to hurt you. Who does the residence belong to? If it is his also, maybe he has a right to destroy his own property. You could have him charged with disturbing the peace. Sounds like you are in a shaky situation? Why do you want him to leave? The next time the police tell you they won't remove him, ask them to take you...to a safe place. Then get help to recover your belongings and leave the fool before people consider you to be a bigger fool than him...or you turn up dead!
1-800-799-SAFE (7233)
1-800-787-3224 (TTY)
If you cite the actual law concerning your situation and what police are suppose to do about it, you'd be amazed how cooperative they become.
2007-01-15 21:03:11 · answer #4 · answered by lavenderbluememories 5 · 2⤊ 3⤋
they can remove someone just for arguing in most states. if there is a reluctance to press charges after many incidents they may ignore it but shouldn't. but they don't like to be the referee every weekend between partners. there comes a time to get help or seperate permently.
edit. citi. there must be some different laws in missouri. it is a different place
2007-01-15 20:57:33 · answer #5 · answered by J Q Public 6 · 1⤊ 0⤋
unless he has hit you and there is evidence that there is a brawl then they cannot do anything. once i throught water at my exboyfriend and the police arrested me because his shirt was still wet and because i stupidly admittted that I did.
Next time tell him to calm down, like leave the house and get some air. and if he cannot do that, then you should
2007-01-15 20:56:27 · answer #6 · answered by Anonymous · 3⤊ 0⤋
Technically because nothing *has* happened, and psychological abuse is very hard to prove.
If your friend has a bruise, she can go to the cops and show them.
Hurt feelings (very mildy worded, i know) are very hard to 'show'.
So, while it is a very awkward position - if there is no proof , they have nothing to go on, unless the other person has actually threatened your friend in ways such as "i am going to hurt/kill you"
Good luck with this.
2007-01-15 20:57:51 · answer #7 · answered by U_S_S_Enterprise 7 · 2⤊ 1⤋
I know it doesnt make sense but unfortunately in order to cahrge the person with physical abuse the abuser has to put his/her hands on ya first.
2007-01-15 20:58:49 · answer #8 · answered by nickle 5 · 3⤊ 1⤋
It's not AGAINST THE LAW to throw things and get mad in your own house. If you are afraid that you might be hurt, then take some responsibility for yourself and leave on your own. It isn't domestic violence if there is no VIOLENCE.
2007-01-15 20:55:26 · answer #9 · answered by Citicop 7 · 11⤊ 2⤋
you know how many people would get arrsted for throwing a tantrum
like that? there entire US of A...
2007-01-15 21:06:22 · answer #10 · answered by Anonymous · 1⤊ 2⤋