Restraining Order Violations - California

[CdwJava]

When the officers responded the the July 4th call... they told me that he was parked around the corner and had admitted that he KNEW he was violating the order. I ALWAYS have a copy of the order with me at all times... so I showed it to them on site as well.

Parking around the corner may not be a violation of the order ... depends on the distances involved.

Then the call about hacking someones head off with the knife came in. I expressed my concern all three times I've tried to get someone to hear it that the only thing done was the sergeant called my ex and left him a voice mail - the sergeant himself said he would classify the call as an 'annoying phone call'... the order CLEARLY STATES that he must not annoy, harass, strike, treaten, sexually assault, batter, stalk ..... etc....

This would (or SHOULD) be a violation of 273.6 (the DV TRO violation), PC 653m (annoying and harassing calls), and possibly, PC 422 (criminal threats ... IF the threats convey an immediate and almost unequivocal threat of harm).

BOTH police reports state very clearly that he was 'harassing' me and 'threatening' me.

I just don't get it.

I don't either. These officers and the supervisor have either been asleep for the past few years, or these guys are the laziest cusses around!

Even if they don't make an arrest, they SHOULD at least forward the case to the DA with a request for charges. I suppose it's possible that the local DA has for some reason put a scare into local police regarding even this misdemeanor arrest, but I find it surprising.

I would ask for a meeting with a lieutenant or higher and demand that they explain to you why the law has not been adhered to. There MIGHT be some legal reasoning that escapes me here.

- Carl

 

[yolandanewell]

Courtclerk/Carl

Courtclerk
t's ok if I have to go back... the custody order clearly states that he MUST reveal his residential address to me - which he has not done (however I did include that particular violation on the OSC today). His reasoning behind this is primarily to skirt child support... which he has been doing since 2004 - I'm too tired and busy to fight that issue right now anyway. (I had a feeling you were already gone this morning... I meant to post it last night but procrastinated... it's ok!!)

Carl:

He was initially parked in front of my house a bit before 8am laying on his horn on the 4th which is the moment I called the police.. they could hear his horn. Then when the officers showed up at my door I answered and told them that he left and that is when they told me "yes we know he is parked around the corner"

The voice mail message i called immediately upon receiving it.

I attend allllll of the town hall meetings around here and the primary reasoning behind this type of behavior, or lack thereof, from our pd is the fact that they are waaayyyy understaffed. I've been hearing that now for 2 years and I'm sure it's not a lie... however I also suspect that the reason that that particular sergeant didn't show the first night (outside of when he phoned me and told me he just got too busy) was because the following morning there was a front page article on some pretty severe string vandalism which occured that night.

Who can say for sure though.

I am in Stanislaus County. I will try and find out tomorrow if the DA has been notified... I highly doubt it though.

 

[yolandanewell]

And I forgot....

yes we do have a victims services here. HOWEVER... after the second assault I would call them on a daily basis to try and figure out what was happening with the case - they never knew. I found out by visiting the DA's office personally - I missed his hearing and never had a chance to testify because of the fact that they were supposed to inform me of the dates and times... I found out the afternoon of his hearing - it was already over.

Quite honestly... when I get back up on my feet and in a position to do so... I'll be switching my volunteer work from Community Safety to Domestic Violence....

I never in a million years thought that this situation could get any worse... always feeling that "I have a RO"... you know how that goes...

Thanks again for all of your help.

 

[CourtClerk]

OP, keep at it and keep on him. Hold him to every piece of that court order and use the courts to your advantage. I sure wish there was some way I could personally help move this along, you're wayyy up north, i'm wayyy down south (LA County).

I believe Carl may be up in northern CA somewhere, he may know some people, however, keep a stack of those FL-410's and 412's handy and file them as necessary. When you go into court, ask the court for the phone number inside the courtroom. Make friends with the clerks and judicial assistants. They really can be your best friends when you can't afford to hire an attorney. They can steer you in the right direction. Be persistent.

I hear what you're saying about your volunteer work. I didn't fall into my line of work on accident....

 

[CdwJava]

I have a relative who recently retired from a city neighboring yours within the county - I will e-mail him to see if he knows of anything, but this was not his area of expertise.

Also, check these links for info (you may have already check with Haven Women's Center, but here it is anyway):

http://www.co.stanislaus.ca.us/dvcc/content/index.htm

http://www.co.stanislaus.ca.us/dvcc/content/myfav3.htm

http://www.co.stanislaus.ca.us/dvcc/content/report.htm

You may also want to contact the MPD Special Victim Unit - they handle DV matters:

http://www.modestopolice.com/divisions/svu.asp

Lt. Watts and Capt. Balentine appear to be the next steps above the sergeant you might have spoken to ... however, if you did not yet speak to the SVU, then you might want to start with them. If the sergeant you spoke to was a patrol sergeant, then it is very likely that the SVU folks will be miffed at your treatment.

I know some people in the department, but none (that I am aware of) are in Investigations currently.

- Carl

 

[yolandanewell]

La?

Oh my... and I thought OUR courts were a Zoo.... you have tons of job security downt there!! Thank you very much for your help... if it weren't for YOU I'd have had NO IDEA that those documents even existed!! I've been filling out police reports for years now and I had no idea about my rights to call him in front of a judge to be held accountable. SO THANK YOU!!!

Today I walked out of the house with $43 in my bank account (I was laid off on the 29th of last month.... no income has come in since so I've been really hustling trying to find employment on top of this mess).... then to have to spend that money on THAT??? I'm feeling a little defeated this evening.

I appreciate this forum though... very much so!

 

[yolandanewell]

Thank you Carl

I have a relative who recently retired from a city neighboring yours within the county - I will e-mail him to see if he knows of anything, but this was not his area of expertise.

Also, check these links for info (you may have already check with Haven Women's Center, but here it is anyway):

http://www.co.stanislaus.ca.us/dvcc/content/index.htm

http://www.co.stanislaus.ca.us/dvcc/content/myfav3.htm

http://www.co.stanislaus.ca.us/dvcc/content/report.htm

You may also want to contact the MPD Special Victim Unit - they handle DV matters:

http://www.modestopolice.com/divisions/svu.asp

Lt. Watts and Capt. Balentine appear to be the next steps above the sergeant you might have spoken to ... however, if you did not yet speak to the SVU, then you might want to start with them. If the sergeant you spoke to was a patrol sergeant, then it is very likely that the SVU folks will be miffed at your treatment.

I know some people in the department, but none (that I am aware of) are in Investigations currently.

- Carl

I will tackle those tasks tomorrow - right after my job interview... thank you!

 

[CourtClerk]

I will tackle those tasks tomorrow - right after my job interview... thank you!

I affectionately call my courthouse hell.

Until you find another job, you need to save this form to your computer

http://www.courtinfo.ca.gov/forms/fillable/fw001.pdf (fee waiver)
http://www.courtinfo.ca.gov/forms/fillable/fw003.pdf (order on fee waiver)

it's a fee waiver. You should be able to waive all filing fees. You won't get the money for the fees you paid today, but keep that for future reference. Unfortunately, the window staff at the courthouses are very limited on the information that they are legally able to give you. Leaves some people at a SEVERE disadvantage, but that's why sometimes you should make nice with the courtroom staff....

Glad you were able to find help here. Hope it's helpful.

 

[yolandanewell]

Aarrrggghhhh!!!!

I should have KNOWN BETTER!!! i totally qualify for a fee waiver at this point... DUH!!!!!!

I was just sooooo stunned that 1.) I had to PAY for the copies of the police report (I thought domestic violence victims were supposed to get those free) and 2.) that I had to PAY to see the judge on issues that I should have been no where involved in as soon as the police showed up --- the guy should be paying his dues for what he's done, yet here I am AGAIN... forking out monies to make sure that someone ONE DAY makes him do that...
GRRRr..

Did I mention..? GRRRRRRRRRRRR

 

[CdwJava]

You're actually lucky they allowed you to receive the police report! CA Government Code 6254(f) gives authority for law enforcement to withhold investigative reports from public release ... even as a victim, you are the public. In my jurisdiction, you would not get the report. Hopwever, the defendant would likely have been arrested down here ... our DA might not file, but at least he'd have gone to jail for a while.

- Carl

 

[yolandanewell]

It's just sooooo sad.....

I couldn't even PHATHOM what it must be like for women that are enduring abuse and aren't internet savvy or have a support system in place.

I try, here in my community, to share my stories of successful recovery in a lot of different aspects in my life... I have no problem doing so publically... you just never know who may be reading - or who may benefit from reading the stories...

It's a shame that there is so little help within the system to adequately take care of these situations. YET... this evening I saw an entire story on the news dedicated to a road closure due to a very rare flower???? Again... just don't get it.

http://www.modbee.com/opinion/letters/story/13061618p-13717148c.html

 

[yolandanewell]

Good morning: When I filled out and filed to forms online.. I filed them with the court clerks office - so in short, I didn't receive the "packet"... I'm wondering...does that "packet" come with a Response? I don't want to mess up the service and delay the hearing any further (they set it for SEPTEMBER 17TH... jaw dropping)

I've read through the "instruction" page and it says nothing of a Response... however every other OSC has one...

Thank you