Restraining Order.VIOLATION...no BIG Deal?? R/O in my possession. ex-b/f STILL STALKING ME!?

Question

Finally got r/o against my stalker. Though he has stopped alot of what he was doing,

He STILL KEEPS DRIVING PAST MY HOUSE, SEVERAL TIMES ADAY.

I keep calling Sheriffs out, and what happens is VERY FEW are willing to even make a report. But at least they provide me with a incident #, and seem helpful. Until last night. After waiting for about 4hrs, the deputy told me (never even looked at r/o) That

"THIS IS A PUBLIC STREET, SO THERE IS NOTHING I CAN DO ABOUT IT!, IF HE COMES ON MY PROPERTY, THEN CALL HIM!"

the court order states 100 yards. He has no reason to be passing by my home, other than to upset me.

Am I misunderstanding something here, or should I call and hope to get a different deputy?

Answer 1

Each state has different laws governing restraining orders and protective orders.

In TX, a restraining order is a civil injunction that LE cannot enforce. If someone violates a restraining order, the protected person must file a violation with the court. After the judge reviews it and if he finds the person violated the order, the judge will find the person in contempt of court and issue an arrest warrant (which LE can enforce).

In TX, only a Protective Order (or Emergency Pro. Order) can be enforced by LE. This is a criminal order and we are required by law to immediately arrest a person violating the order.

As far as the person being on a public street, if he is within the 100 yards and NOT on the street for a legitimate reason, then he should be found in violation of the order. Check with your state laws and see if the restraining order can be criminally enforced by LE. good luck.

Answer 2

Keep a log and call every time you see him drive past your house. Also write down what time you reported it to the sheriff's office and what you were told and by whom. If you keep getting deputy free street, go into the office and request to speak with the Supervisor about this. It may be a pain in the a** for him but you have a court order and it is to be enforced! If you don't feel like you have been taken seriously after that, get a lawyer. Some do pro bono (free work) let your fingers do the walking and you'll find one. I hope things get better for you.

Answer 3

call that officers supervisor. he was being lazy. if that person has no reason to drive past your house. ie doesn't live in area or on your street.... it's a violation.
if there is an incident # then there should be a report on file.
at least that's how it is in delaware.
ask the next officer you deal with what recourse you have for signing a warrant or getting him arrested for violating the nco/ro

Answer 4

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RE :Restraining Order.VIOLATION...no BIG Deal?? R/O in my possession. ex-b/f STILL STALKING ME!?
Finally got r/o against my stalker. Though he has stopped alot of what he was doing,

He STILL KEEPS DRIVING PAST MY HOUSE, SEVERAL TIMES ADAY.

I keep calling Sheriffs out, and what happens is VERY FEW are willing to even make a report. But at least they provide me with a incident #, and seem helpful. Until last night. After waiting for about 4hrs, the deputy told me (never even looked at r/o) That

"THIS IS A PUBLIC STREET, SO THERE IS NOTHING I CAN DO ABOUT IT!, IF HE COMES ON MY PROPERTY, THEN CALL HIM!"

the court order states 100 yards. He has no reason to be passing by my home, other than to upset me.

Am I misunderstanding something here, or should I call and hope to get a different deputy?
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