Have Restraining Order, police due diligent

[vintagelace]

I live in California and have a five year restraining order on a man. He is to have no contact with me at all, including emails and instant messages. He sent me an instant message and I called the local police. The officer that came doesn't even own a computer and couldn't understand that only one person can own a screen name. He gave me an incident report. The following day I called the police to speak with someone else and they told me. . ."You can't prove it was him. He could say his mother sent it." I called yahoo and they won't help me with an i.p. address they will only give information to the police.

This man lives with his mother and they are the only two that use the computer and its password coded. His mother can't get into his account.

Two days ago he sent me an email on myspace and it even has his picture attached. I called the police again. Another officer told me to call myspace to get i.p. address. I know they won't give it to me, but I called anyway and received the same answer. The police have to call.

Why is their such a lack of due diligence when it comes to helping me with this restraining order? I'm sure they think it isn't a top priority case, but this man is breaking the law and I've told them I am afraid of him.

Any advice?

 

[Ohiogal]

You need to prove that it is him doing so. And quite frankly it is low priority.

 

[CdwJava]

I live in California and have a five year restraining order on a man.

Five year? That's very odd as the standard is three.

He is to have no contact with me at all, including emails and instant messages. He sent me an instant message and I called the local police. The officer that came doesn't even own a computer and couldn't understand that only one person can own a screen name.

There are many ways to fake a screen name depending on the service, and it is not all that difficult to use someone else's log-in info. The police would have to prove that HE logged in to his account and HE sent it from his account. Quite frankly, they are not likely to spend that time going to court to obtain a subpoena for the ISP's records to determine the IP of the sending computer, and then obtain a search warrant for the defendant's computer. The offense is too minor for that. Instead, they will contact him, see if he has an explanation for the act, and then either dismiss the matter or write a report and forward it to the DA (who will probably then drop it for lack of evidence).

He gave me an incident report. The following day I called the police to speak with someone else and they told me. . ."You can't prove it was him. He could say his mother sent it." I called yahoo and they won't help me with an i.p. address they will only give information to the police.

As explained above, it's not as simple as you would like it to be.

This man lives with his mother and they are the only two that use the computer and its password coded. His mother can't get into his account.

You may "know" that, but there is no way to prove it, and a defense attorney could easily get that "reasonable doubt" presented to a jury.

Two days ago he sent me an email on myspace and it even has his picture attached. I called the police again. Another officer told me to call myspace to get i.p. address. I know they won't give it to me, but I called anyway and received the same answer. The police have to call.

Once again, they get to the issue of a subpoena and a search warrant. It's possible, but not likely. I would hope they would at least talk to him and either rattle his cage or get him to admit to his actions.

Why is their such a lack of due diligence when it comes to helping me with this restraining order? I'm sure they think it isn't a top priority case, but this man is breaking the law and I've told them I am afraid of him.

If you feel they are not taking the matter as seriously as you would like, speak to a supervisor or someone higher up in the department. But, understand that there are limited resources available, and this is not a matter that can be easily proven. It is a misdemeanor offense with little likelihood of serious jail time, and the subpoena and search warrant process will be manpower and time intensive. Unless your county has an aggressive D.A. then their time might well be for naught.

Does this man live in the same city or county? If he lives outside the jurisdiction, that adds another wrinkle - a very large one - to the matter.

- Carl