CdwJava
Senior Member
Unfortunately, there is no easy way to prove that he recognized your vehicle and knew it to be yours. Plus, such a public place can arguably be considered public and of sufficient size that any proximity can be considered incidental. Now, if he were to make any comments to you, THAT would be a clear violation.For clarity, I am seeing this guy on a running trail around a lake. Before escalating the matter I started tracking when when I'd see him.
- He sees my car in the parking lot (there was no way he doesn't see it and he does not park at the lake so I have no way to know if he is there when I arrive) and decides to continue around the lake anyway
- He then passes me at some point around the lake
- Then he is in the same proximity to the exit when I leave (I am in my car and he is on foot always within the same 100 feet)
- Recently, if he sees me early in my run and late in his run he passes going in the opposite direction, then loops around again and passes me at my 4 mile mark. Once he passes me he cuts down a side path and is on the road as I drive away.
You can call the police to report the violation and see if they will make contact and look into it. Chances are this is the sort of thing they would document and then pass along to the DA for review rather than making an arrest, but, you won't know until you report it.
If you are truly afraid for your safety, you might consider a new place to run rather than playing into his "game" and having to constantly look around.If he sees me early in his run and late in my run he skips the "meet up" at the 4 mile marker. Once I ducked down on the lower path so he missed me at the mid-way point. When I got back to the parking lot he was there 3o feet from my car looking around as if to say 'where the * did she go?"
Of the 22 weekdays I recently ran (I can vary my time / running location on weekends) I saw him x1 during one run, X2 over nine runs, 3x over four runs. This does not include times he had to have seen my car before running. This seems beyond coincidence - not to mention he has every opportunity to leave the vicinity.
The link provided earlier should help you in attempting to get the TRO modified to include the lake where you run. However, in my experience, public places like parks and such, are tough to get a judge to list as a prohibited place. You can ask, but it may be a coin toss whether the judge will seriously consider it. A lot may depend on the size and status of the lake and the running path.Before I started tracking I spoke with the DA's Victim Advocate - she said "clear violation call the police every time. I spoke with the detective and he said "dicey - the lake isn't on the list but if you don't call the police it didn't happen". So after I started tracking and figured it wasn't my imagination I called the police. The first time the cop said "try running somewhere else", the second time they said try to get the lake on the list and in the meantime they would pass the information on to the detective and then perhaps he would send to the DA. The detective called today and seemed annoyed at me. He said he told me before I had to get the lake added to the list. That isn't what he said exactly but I wasn't going to argue.
Here are my questions:
1. Does anyone know any relevant case law that I can use if I file an additional RO for this location?
2. Does anyone with legal / police experience have insight to whether there is a chance to get this public place added to the list of places he needs to stay away from (if it matters, I have been going to this lake for more than 20 years. He has only been going there two years)?
3. Can I use details, information from prior to the first RO for this RO?
And, as you have done, report any contact to the police.