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re: Is someone holding a gun to your head and telling you they’ll kill you grounds for a PO?

Posted on 9/25/21 at 2:32 pm to
Posted by spacewrangler
In my easy chair with my boots on..
Member since Sep 2009
9815 posts
Posted on 9/25/21 at 2:32 pm to
quote:

He even stole my deceased dad’s gun



If she is protecting him somewhat Then YOU need to file a police report about the gun to her head incident and the fact he stole the gun. have him arrested and press charges. Was you father alive when it was stolen? if not then can I assume the gun was at her house at the time, correct? Can you say the gun was part of your impertinence but it was at her house at the time he stole it? Do you know the type of gun, serial # ? any details?

Posted by Pechon
unperson
Member since Oct 2011
7748 posts
Posted on 9/25/21 at 2:38 pm to
quote:

He stole my niece’s 4 wheeler

Like the kids aren’t involved. Real pieces of shite


What a piece of shite. The ex I mentioned earlier has kids the same age as mine. She also took some of my son's loose legos in a large plastic bin. I suspect she gave them to her kids.

That's the thing, I didn't care if she took shite from me. I'm at the point in my life I'm not going to be worried about material possessions and I can afford to replace things. You want to be mad at me, fine. Steal from my kids, all bets are off. That's lower than low.
Posted by Stexas
SWLA
Member since May 2013
6589 posts
Posted on 9/25/21 at 3:05 pm to
quote:

Is someone holding a gun to your head and telling you they’ll kill you grounds for a PO?


Just about any domestic abuse shelter or attorney with a conscience will help her get this done and time is of the essence.
Posted by davyjones
NELA
Member since Feb 2019
33193 posts
Posted on 9/25/21 at 3:10 pm to
I'd contact the local DA's office and see if they have a victim's assistance department, and if they don't they'll have the quickest and most accurate info as to where to go. In other places such as Lincoln Parish (with which I'm familiar), you'd go to the clerk of court and tell them you are seeking a protective order, and they help you fill out the application which is then sent to the judge for review.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
39821 posts
Posted on 9/25/21 at 3:22 pm to
quote:

The small town cop told her they can’t do anything until he hurts her again. This makes no sense to me

I'd have her contact an attorney who specializes in criminal and civil rights litigation. The public duty doctrine generally shields police officers and departments from failing to provide adequate protection to citizens, but there are numerous exemptions to this, especially if you're dealing with a municipality. The point is, having a well-versed and respected attorney contact the city attorney and/or the department about the potential liability if an honest investigation doesn't happen and there is subsequent violence against your sister seems to be her only recourse at this point with any hope of success.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452011 posts
Posted on 9/25/21 at 3:29 pm to
That's agg assault w a firearm (a felony)
Posted by 777Tiger
Member since Mar 2011
83586 posts
Posted on 9/25/21 at 3:32 pm to
quote:

That's agg assault w a firearm (a felony)



yep, and if a female makes the allegation the dude is hauled off no questions asked, thinking there may be some bullshite going on here
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452011 posts
Posted on 9/25/21 at 3:34 pm to
quote:

In other places such as Lincoln Parish (with which I'm familiar), you'd go to the clerk of court and tell them you are seeking a protective order, and they help you fill out the application which is then sent to the judge for review.

Yeah most clerk's will help you file for a PO
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452011 posts
Posted on 9/25/21 at 3:35 pm to
quote:

thinking there may be some bullshite going on here

I have $5 on the sister not telling the cops the bad stuff to protect him
Posted by 777Tiger
Member since Mar 2011
83586 posts
Posted on 9/25/21 at 3:41 pm to
quote:

I have $5 on the sister not telling the cops the bad stuff to protect him



saw some of this when I lived in FL, if a woman tells the LEO that a guy hit her, threatened her, or pulled a gun on her, the dude is going to jail for the night, no matter what, even if she tries to retract her statement, and as you know, once it gets to the DA her requests to not prosecute may be heard but it's still up to the DA as to whether or not to proceed, ever since OJ went OJ the guy is just fricked initially
Posted by thejuiceisloose
Member since Nov 2018
5509 posts
Posted on 9/25/21 at 3:54 pm to
She needs to take a vacation to Kalamazoo, Michigan or Portland, Maine or anywhere far away for a while to get away from that POS
Posted by MintBerry Crunch
Member since Nov 2010
5487 posts
Posted on 9/25/21 at 3:58 pm to
You could finitely get a TRO based on this. Consult an attorney
Posted by 777Tiger
Member since Mar 2011
83586 posts
Posted on 9/25/21 at 4:04 pm to
If the bitch truly feels that her safety is being threatened she needs to be calling the fuzz, not Paige.
Posted by tigerinthebueche
Member since Oct 2010
37029 posts
Posted on 9/25/21 at 4:06 pm to
Sounds trashy
Posted by TigerNlc
Chocolate City
Member since Jun 2006
32934 posts
Posted on 9/25/21 at 4:11 pm to
I would think so. Anyone who puts a gun to someone’s head as a threat is trashy and insane. He will kill your sister unless she cuts ties immediately. She should probably move in with family and get a gun herself.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452011 posts
Posted on 9/25/21 at 4:14 pm to
I hate Gwen's Law, but this is literally the scenario why they passed the law. He should be in jail without the ability to get out for 5 days so she can evict him, leave, or whatever.
Posted by davyjones
NELA
Member since Feb 2019
33193 posts
Posted on 9/25/21 at 4:24 pm to
The instant case notwithstanding, sometimes a protective order can be a nasty and unnecessary thing that of course a judge will err on the side of, for instance I pled a client down from felony DAB to simple battery, but part of the deal was a frickin lifetime PO that the ADA talked the victim into. Problem is, my guy (who is a young guy with no prior record whatsoever) is a hunter. Which of course this puts a bit of a damper on with the no firearms provision. Now I have to figure that mess out.

**We're talking about a slap on the buttocks here.
This post was edited on 9/25/21 at 4:26 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452011 posts
Posted on 9/25/21 at 4:26 pm to
Well the DAB conviction would create the same issue.
Posted by terriblegreen
Souf Badden Rewage
Member since Aug 2011
11315 posts
Posted on 9/25/21 at 4:38 pm to
Does she not have a dad or a brother that could go help her move out? If this was my sister, daughter etc... I'd just go help her as long as necessary. Any male who bullies a woman will usually run away if he has to deal with a threat of any kind.
Posted by OweO
Plaquemine, La
Member since Sep 2009
117954 posts
Posted on 9/25/21 at 4:40 pm to
Small town cops are as worthless as a used condom.
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