... in response to Richard & LP..., posted by BarryM on Feb 12, 2002...regardless of where you live. While the laws may differ, angry or disturbed people do not. In domestic cases the emotional aspects almost always overpower the legal constraints. When I say 90% violate orders and don't get caught, how do I know this? Well, "something" always happens. Tires get slashed, windows broken, ect. While its obvious these acts are related to the the order, the restrained individuals are almot never procescuted for them.
The point is that orders are seldom effective in preventing things from happening and even more useless for arresting people. Only those stupid enough to sit across the street will get hooked up. (You're right about the police, LE will always advise an order, its their obligation to do so.)
Of course it will be easier to place a guy in custody if he is sitting across the street with an order on him. The problem is that many people could care less about the order and take it as an insult, especially if they are anti-authority to begin with. They feel they have been treated unfairly and often feel they know more about the situation than the courts do. They often feel the spouse is using the system to punish them (and they're often correct) and rebel against it.
He would have to vilolate the order *and* be caught in the act to be arrested. Most people are not that stupid. Its very rare that they chose to do so in a way that leaves everyone unharmed, usually if they are going to violate it, it happens one of two ways: They do something small and get away with it (petty vandalisim, ect), or they go whole hog and there are big problems. Either action restores the sense of "dignity" and freedom that the big bad court/petitioner took away.
In California it can be either a felony or a misdemeanor, the penal code leaves it to the DA. Its true that judges take a dim view of violators because it shows contempt for the system but here it does not mean mandatory jail time. Depends on the individuals history.
One can't just "ask" for an order to be issued, in most states there must be a hearing first. You're right that most do not show up at the order hearing to contest the issuance and thus it gets issued without a problem. Then it must be served. Here, if an idividual is not aware of the order or has never been served, the police are required to inform him of it and then may take custody.
As for sitting in jail or the looney bin, this can cause problems down the road that wouldn't have happened otherwise. Nothing like a slow burn in the hole to really motivate some people, especially the ones who are a tad off kilter.
Having said all that, it probally is the right thing to do in this case. Its not domestic and, as stated, this guy has known about Jeff and the Mrs for some time. It difficult to say without knowing more, only Jeff can make the call.
Legal knowledge is mostly useless in restraining cases, knowledge of human behavior (even disturbed folks are predictable) is what needs to be considered, thats why we got so much training in it. All I'm saying is that ROs are often a knee jerk reaction by a trusting public and are rarely all they're cracked up to be. They are not needed in most cases and when they are they often leave the petitioner with a false sense of security. One needs to consider all options, not only a piece of paper.
My point is that one should not depend on the system for one's safety, its too screwed up and I've seen it fail many times before. On the other hand its not good to overeact to a perceived threat either. I will warn again of trying to speak with or reason with this guy. Many lost souls will really attach themselves to kindness and will be hesitant to give it up.
If he is hassling you as a stranger, wait'll you try to get rid of him when he thinks you're his "friend". I know it seems cold but thats the reality in the streets.
