Author Topic: PCSD- Arrest Violation of Protection Order  (Read 5569 times)

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Offline Valor7

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PCSD- Arrest Violation of Protection Order
« on: November 08, 2010, 02:07:58 PM »

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News Release
Violation of Order of Protection
Pulaski County Sheriff J. B. King
Nov. 8, 2010

On 11-07-2010, a Pulaski County Deputy was serving papers on Conway Road near D
ixon, Missouri, when he drove past a residence that had been the location of several recent calls for violations of an order of protection filed in Pulaski County Circuit Court. The deputy observed the subject of the order of protection standing on the front porch.

A short follow up investigation confirmed that the person who had obtained the order of protection was inside the residence and the fact that the order was still valid. The deputy arrested the white male subject and transported him to the Pulaski County Jail for a 24-hour hold.

A statement of probable cause was sent to the Pulaski County Prosecutor requesting a charge for this incident and the male subject remains in the jail on the 24-hour hold. At this time we are waiting for a response from the prosecutor on the requested charge.

Offline brucerhowell

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Re: PCSD- Arrest Violation of Protection Order
« Reply #1 on: November 08, 2010, 09:40:43 PM »
wish the sheriff would post the idiots name so we know who to watch out for, been hearing about somebody up in dixon who can't stay out of trouble, and needs to be locked up for the good of the public

Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #2 on: November 08, 2010, 10:58:23 PM »
wish the sheriff would post the idiots name so we know who to watch out for, been hearing about somebody up in dixon who can't stay out of trouble, and needs to be locked up for the good of the public


  The only person this guy is messing with is his mom.
JB

Offline Pete

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Re: PCSD- Arrest Violation of Protection Order
« Reply #3 on: November 09, 2010, 04:26:24 AM »
Keep his butt in jail!  Why would a mom get a order against her son. Now that just sucks!
If your going to be dumb, you better be tough!

Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #4 on: November 09, 2010, 02:05:29 PM »


News Release---Up Date
Violation of Order of Protection
Pulaski County Sheriff J. B. King
Nov. 9, 2010

On 11-07-2010, a Pulaski County Deputy was serving papers on Conway Road near Dixon, Missouri, when he drove past a residence that had been the location of several recent calls for violations of an order of protection filed in Pulaski County Circuit Court. The deputy observed the subject of the order of protection standing on the front porch.

A short follow up investigation confirmed that the person who had obtained the order of protection was inside the residence and the fact that the order was still valid. The deputy arrested the white male subject and transported him to the Pulaski County Jail for a 24-hour hold.

A statement of probable cause was sent to the Pulaski County Prosecutor requesting a charge for this incident and the male subject remains in the jail on the 24-hour hold. At this time we are waiting for a response from the prosecutor on the requested charge.

UP DATE

The prosecutor filed one count of violation of a protection order, a class A misdemeanor, on Walter Aaron Track, age 41, of 14540 Conway Road, Dixon, Missouri. At this time Track remains in the Pulaski County Jail pending the posting of a $1,000 cash only bond.

Offline brucerhowell

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Re: PCSD- Arrest Violation of Protection Order
« Reply #5 on: November 09, 2010, 04:50:31 PM »
This guy needs a lot of help!!! what is he on idiots are out there so watch out for them.

Offline Geezer Glide Taz

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Re: PCSD- Arrest Violation of Protection Order
« Reply #6 on: November 09, 2010, 06:58:16 PM »
If DTM had written this it the headline would have been " Man who used to soil pants as an infant arrested for violation of protection order"
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Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #7 on: November 18, 2010, 03:50:50 PM »
Second Up Date
  On 11-15-2010, the charge against Walter Track was nolled by the Prosecutor. He has been released from custody.

Offline petersam

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Re: PCSD- Arrest Violation of Protection Order
« Reply #8 on: November 18, 2010, 07:52:20 PM »
It consistently amazes me how little value is actually put on a restraining order.  The police force cannot/will not do anything about violations unless they see them in progress and then further, the prosecutor can't even manage to charge someone actually seen violating an order?!

Can someone explain the real point of have a protection order?

Offline kari

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Re: PCSD- Arrest Violation of Protection Order
« Reply #9 on: November 18, 2010, 11:19:38 PM »
From what I can figure, if you have a protection order and are found deceased from suspicious causes, they have a "person of interest"!  (no reflection on our PD)
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Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #10 on: November 18, 2010, 11:29:05 PM »
It consistently amazes me how little value is actually put on a restraining order.  The police force cannot/will not do anything about violations unless they see them in progress and then further, the prosecutor can't even manage to charge someone actually seen violating an order?!

Can someone explain the real point of have a protection order?


   Not exactly accurate, we had sent up other PC's for this same violation. No charges were filed. The deputy saw him there as he drove by and made the arrest. He was charged with the offense then.........I do not know what to say at that point.
JB

Offline ♥♥♥Trena♥♥♥

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Re: PCSD- Arrest Violation of Protection Order
« Reply #11 on: November 18, 2010, 11:43:27 PM »
So Deborah just let him walk?
Life is too short to wake up in the morning with regrets, So love the people who treat you right, Forget the ones who don't, and believe everything happens for a reason. If you get a chance, take it. If it changes your life, let it. Nobody said it would be easy, they just promised it would be worth it.






Offline petersam

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Re: PCSD- Arrest Violation of Protection Order
« Reply #12 on: November 19, 2010, 12:02:11 AM »

   Not exactly accurate, we had sent up other PC's for this same violation. No charges were filed. The deputy saw him there as he drove by and made the arrest. He was charged with the offense then.........I do not know what to say at that point.
JB

JB, just for my own knowledge, can you clarify?  We had an issue here involving a man who was in jail for assaulting my sister -- along with that charge he had a 2 child endangerment charges at the same time stemming from the incident.    My immediate family began residing at the same residence for the time being (back then) because we so feared for our safety.  He attempted to assault my young brother and I (while we were in a moving vehicle, no less) and so another RO was added to the mix.  This man repeatedly visited our residence, ranting and raving in the front yard, and caused scenes.  We had plenty of witnesses and yet when the Richland PD arrived, we were told there was nothing they could do unless they SAW the violation in progress.  Made absolutely no sense.  It seems to me that it boils down to what Kari stated: ROs serve to let the police force know there is a person of interest if someone comes up dead. 

I realize this wasn't your department and I realize the issue with the prosecuting attorney's office but I really can't find the point in restraining orders...

Offline stevem174

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Re: PCSD- Arrest Violation of Protection Order
« Reply #13 on: November 19, 2010, 02:54:59 AM »
JB, just for my own knowledge, can you clarify?  We had an issue here involving a man who was in jail for assaulting my sister -- along with that charge he had a 2 child endangerment charges at the same time stemming from the incident.    My immediate family began residing at the same residence for the time being (back then) because we so feared for our safety.  He attempted to assault my young brother and I (while we were in a moving vehicle, no less) and so another RO was added to the mix.  This man repeatedly visited our residence, ranting and raving in the front yard, and caused scenes.  We had plenty of witnesses and yet when the Richland PD arrived, we were told there was nothing they could do unless they SAW the violation in progress.  Made absolutely no sense.  It seems to me that it boils down to what Kari stated: ROs serve to let the police force know there is a person of interest if someone comes up dead. 

I realize this wasn't your department and I realize the issue with the prosecuting attorney's office but I really can't find the point in restraining orders...

No police agency can really protect us. Many times the LEO are very restricted in what they can do by law. The old saying is it doesn't have to make sense...it's law. I am sure there are many times that Officers really want to publicly complain about the legal system but due to professionalism they don't.
I believe each of us should take responsibility for our own safety. That include learning self defense.

Offline Pete

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Re: PCSD- Arrest Violation of Protection Order
« Reply #14 on: November 21, 2010, 05:37:43 AM »
No police agency can really protect us. Many times the LEO are very restricted in what they can do by law. The old saying is it doesn't have to make sense...it's law. I am sure there are many times that Officers really want to publicly complain about the legal system but due to professionalism they don't.
I believe each of us should take responsibility for our own safety. That include learning self defense.


People have got to understand, THEY have to protect themselves! LE is not body guards. Someone correct me if I am wrong here.
If your going to be dumb, you better be tough!

Offline medicm

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Re: PCSD- Arrest Violation of Protection Order
« Reply #15 on: November 21, 2010, 07:23:59 AM »
Second Up Date
  On 11-15-2010, the charge against Walter Track was nolled by the Prosecutor. He has been released from custody.

The prosecutor let this drop, despite the DEPUTY witnessing this guy violating the restraining order?!  WOW!  Is she just checking-out for the rest of the year or what?  I actually feel for the LEOs out there, who risk their lives to do their jobs, only to have a lazy prosecuter drop charges on everyone they arrest.  I'm glad someone else is coming in soon; I hope he will make the bad guys think twice about committing a crime here!

Offline tpgunbiz

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Re: PCSD- Arrest Violation of Protection Order
« Reply #16 on: November 21, 2010, 08:23:12 AM »
If DTM had written this it the headline would have been " Man who used to soil pants as an infant arrested for violation of protection order"
yep
Biscuit

Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #17 on: November 21, 2010, 01:13:01 PM »
No police agency can really protect us. Many times the LEO are very restricted in what they can do by law. The old saying is it doesn't have to make sense...it's law. I am sure there are many times that Officers really want to publicly complain about the legal system but due to professionalism they don't.
I believe each of us should take responsibility for our own safety. That include learning self defense.


  Congratulation on one of the best posts this board has ever seen.

        JB

     

Offline petersam

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Re: PCSD- Arrest Violation of Protection Order
« Reply #18 on: November 21, 2010, 01:20:08 PM »
I get the "you have to protect yourself" sentiment and in our situation, our family ended up doing just that.  But the issue here was that we couldn't live our normal lives because we were so busy protecting ourselves.  For weeks we all stayed in one home, together, so we could be sure everyone was accounted for and protected.  For weeks, you didn't leave the house alone and the one time I did get to leave with my younger brother, we were assaulted IN A MOVING VEHICLE.  Our children suffered, my parents suffered, my father stayed awake near the front door for nights on end.

My point is, we did what we could to protect ourselves but sometimes, in dealing with certain people, that would be easier if the police were given more leeway when it came to HELPING when there is a protection order in place.  It would have been easier on us and we would have been able to live freely without threat of harm if the police had been able to arrest this person after the FIRST violation of an order -- instead, someone was allowed to violate it numerous times with no consequences.

Again, Kari hit it on the head.  A protection order seems to only serve as a clue in murder cases...

Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #19 on: November 21, 2010, 01:25:05 PM »
JB, just for my own knowledge, can you clarify?  We had an issue here involving a man who was in jail for assaulting my sister -- along with that charge he had a 2 child endangerment charges at the same time stemming from the incident.    My immediate family began residing at the same residence for the time being (back then) because we so feared for our safety.  He attempted to assault my young brother and I (while we were in a moving vehicle, no less) and so another RO was added to the mix.  This man repeatedly visited our residence, ranting and raving in the front yard, and caused scenes.  We had plenty of witnesses and yet when the Richland PD arrived, we were told there was nothing they could do unless they SAW the violation in progress.  Made absolutely no sense.  It seems to me that it boils down to what Kari stated: ROs serve to let the police force know there is a person of interest if someone comes up dead. 

I realize this wasn't your department and I realize the issue with the prosecuting attorney's office but I really can't find the point in restraining orders...


     I can get into a lot of trouble by commenting on cases such as this because it is seen as an attack on the agency who is being blamed for not doing their job. So let me make it clear that I know nothing about the case you refer to.

    Now having said that let me also say that a violation of an order of protection is simply just a crime. We (the police) do investigations on a crime every day. For us the best possible fact was that the officer actually saw the violation. Arrest on view easy report.

    Next is the "reasonable grounds to believe" or "probable cause" type of case. You gather statements from the victim, witnesses, locate independent facts such as was the guys truck at the scene which would imply that yes he was there. Can you get lucky and the incident was on a camera nearby or anything else you can come up with.

    At the end of that mini-investigation if the officer feels that he does has sufficient grounds for an arrest to stand he can make the arrest. If anything feels hinky or he is not sure he has the grounds he can always forward a complete report to the PA for a possible charge.

    You must understand that under Missouri law a PA has complete and sole charging authority for all crimes committed in their county. They cannot be sued or held liable for any decision to charge or not to charge a person over an incident. The PA has full immunity from lawsuits. The officer does not have immunity so he must proceed with more caution.

   Does this help?

     JB

Offline petersam

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Re: PCSD- Arrest Violation of Protection Order
« Reply #20 on: November 21, 2010, 01:36:26 PM »

     I can get into a lot of trouble by commenting on cases such as this because it is seen as an attack on the agency who is being blamed for not doing their job. So let me make it clear that I know nothing about the case you refer to.

    Now having said that let me also say that a violation of an order of protection is simply just a crime. We (the police) do investigations on a crime every day. For us the best possible fact was that the officer actually saw the violation. Arrest on view easy report.

    Next is the "reasonable grounds to believe" or "probable cause" type of case. You gather statements from the victim, witnesses, locate independent facts such as was the guys truck at the scene which would imply that yes he was there. Can you get lucky and the incident was on a camera nearby or anything else you can come up with.

    At the end of that mini-investigation if the officer feels that he does has sufficient grounds for an arrest to stand he can make the arrest. If anything feels hinky or he is not sure he has the grounds he can always forward a complete report to the PA for a possible charge.

    You must understand that under Missouri law a PA has complete and sole charging authority for all crimes committed in their county. They cannot be sued or held liable for any decision to charge or not to charge a person over an incident. The PA has full immunity from lawsuits. The officer does not have immunity so he must proceed with more caution.

   Does this help?

     JB
I certainly does JB and thanks for responding.  Again, I hope I was clear -- this was not your agency.  As for the "mini-investigation", that just didn't happen with the PD we were dealing with.  The violation occurred, we called the police immediately, they arrived AFTER the fact, and that was it.  Each time we gathered witnesses but the officer(s) were not interested in speaking with them.  As for the incident involving my brother and I, that occurred in front of the bay window of a packed restaurant right in the middle of town here in Richland.  There were multiple witnesses, there were witnesses who stepped up in the car behind us, and there was evidence -- this person followed us to a gas station and when we noticed him, we did not get out of the vehicle.  We immediately left, he followed, dashing through parking lots to beat us to a stoplight, and then exited his car and stood in front of ours as we drove down the street.  We did not stop and he stepped out of the way, at the same time punching the rearview mirror on the passenger side of the vehicle, breaking it.  The officer was not interested in that evidence either.

I get that the PD, wherever they may be, are restricted by the law.  I really do.  It just seems like it's pointless to take the time to go to court for a protection order when there seems little to nothing that the police can do.

Thanks again for the clarification, JB.

Offline stevem174

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Re: PCSD- Arrest Violation of Protection Order
« Reply #21 on: November 21, 2010, 03:10:56 PM »
I certainly does JB and thanks for responding.  Again, I hope I was clear -- this was not your agency.  As for the "mini-investigation", that just didn't happen with the PD we were dealing with.  The violation occurred, we called the police immediately, they arrived AFTER the fact, and that was it.  Each time we gathered witnesses but the officer(s) were not interested in speaking with them.  As for the incident involving my brother and I, that occurred in front of the bay window of a packed restaurant right in the middle of town here in Richland.  There were multiple witnesses, there were witnesses who stepped up in the car behind us, and there was evidence -- this person followed us to a gas station and when we noticed him, we did not get out of the vehicle.  We immediately left, he followed, dashing through parking lots to beat us to a stoplight, and then exited his car and stood in front of ours as we drove down the street.  We did not stop and he stepped out of the way, at the same time punching the rearview mirror on the passenger side of the vehicle, breaking it.  The officer was not interested in that evidence either.

I get that the PD, wherever they may be, are restricted by the law.  I really do.  It just seems like it's pointless to take the time to go to court for a protection order when there seems little to nothing that the police can do.

Thanks again for the clarification, JB.

    Here is my opinion on restraining order / order of  protection. Take it for whatís it worth. I am not an expert, and I didnít even  stay at a Holiday Inn last night.
They are one level of self defense. It shows a paper trail  that you have an issue with someone that causes you fear. You are availing  yourself of the legal systems trying to resolve the issue. Itís a frustrating situation  when you have someone stalking, harassing and causing you fear. You just want  it to stop. You want your life to go back to normal. 
Ideally when the person is served the order, they will wise  up and never bother you again. If not, the order may protect you after an encounter. 
In your case, if the subject did not move and you would have  ran over him with the car. It would have been a case of your word against his,  if he survived. You KNOW you were in fear of injury and thatís the reason you  didnít stop. However the investigators donít know if you were in fear or if you  aggressively ran over some poor innocent man. The protection order may well  help show the past history that you are truly the victim and not the man that  was ran over.
 

Offline stevem174

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Re: PCSD- Arrest Violation of Protection Order
« Reply #22 on: November 21, 2010, 03:12:06 PM »

  Congratulation on one of the best posts this board has ever seen.

        JB

   

Thanks JB

Offline petersam

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Re: PCSD- Arrest Violation of Protection Order
« Reply #23 on: November 21, 2010, 03:18:43 PM »
    Here is my opinion on restraining order / order of  protection. Take it for whatís it worth. I am not an expert, and I didnít even  stay at a Holiday Inn last night.
They are one level of self defense. It shows a paper trail  that you have an issue with someone that causes you fear. You are availing  yourself of the legal systems trying to resolve the issue. Itís a frustrating situation  when you have someone stalking, harassing and causing you fear. You just want  it to stop. You want your life to go back to normal. 
Ideally when the person is served the order, they will wise  up and never bother you again. If not, the order may protect you after an encounter. 
In your case, if the subject did not move and you would have  ran over him with the car. It would have been a case of your word against his,  if he survived. You KNOW you were in fear of injury and thatís the reason you  didnít stop. However the investigators donít know if you were in fear or if you  aggressively ran over some poor innocent man. The protection order may well  help show the past history that you are truly the victim and not the man that  was ran over.
 

While the intent was certainly not to run a man over in this case there was an entire restaurant of stunned onlookers (it was a busy Sunday morning here in town) and I'm positive that we had a gaggle on witnesses on our side.  I get your point but upwards of ten people intimated to us after the event that this man was certainly in the wrong and obviously tweeked out.  In his case, his prison, drug abuse, and domestic and child abuse issues would have been on our side when it came to figuring out who the victim was. 

Regardless, it wasn't my point to turn this thread into an issue *I* personally had, but to inquire as to what the point of a protection order really is when it seems that either the PD has their hands tied or is incompetent (and that is not a slight at JB).

Offline Lepard LLC

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Re: PCSD- Arrest Violation of Protection Order
« Reply #24 on: November 21, 2010, 04:00:48 PM »
Mention Gatehouse Media in your quote and it would be more believable.

If DTM had written this it the headline would have been " Man who used to soil pants as an infant arrested for violation of protection order"

Offline okie the thread killer

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Re: PCSD- Arrest Violation of Protection Order
« Reply #25 on: November 21, 2010, 04:40:49 PM »
Gatehouse Media, owners of Waynesville Daily Guide, Rolla Daily News, St. James Leader Journal and Camdenton Lake Sun Leader, reported that.....What Taz said..
I have it on good authority that the Hokey-Pokey really IS what it's all about.

Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #26 on: November 21, 2010, 05:15:39 PM »
I just came back home from the office on Sunday morning and we just had a jail visitor get mad because we would not let her visit her special "man" who we have in custody. She had previously filed an order of protection against him so that we could protect her from him and just could not understand why we would not let her see him in the jail.
 
There are days when.........?????????

Offline ~kathy~

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Re: PCSD- Arrest Violation of Protection Order
« Reply #27 on: November 22, 2010, 01:09:59 AM »
I just came back home from the office on Sunday morning and we just had a jail visitor get mad because we would not let her visit her special "man" who we have in custody. She had previously filed an order of protection against him so that we could protect her from him and just could not understand why we would not let her see him in the jail.
 
There are days when.........?????????


haha now that is just funny, makes you wonder what is going through their minds lol all i can say is dumb dumb dumb
Go ahead and blame me....Everyone else does

Offline Pete

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Re: PCSD- Arrest Violation of Protection Order
« Reply #28 on: November 22, 2010, 05:47:58 AM »
I had a guy living just up the street from me fighting with his girlfriend. They both got protection orders. Two days later they were living together again. Wonder what would have happened if someone turned them in to LE. Would they both go in front of the PA? I think allot of PO's are issued to hurt/mad folks and after the sun comes up they wish they wouldn't have had them issued. I am sure LE sees the same shit. How do you know JB if it is just a family/lovers fight or a real life issue. I think if someone issues a restraining order on a person and is caught with that person both should visit the jail for 24 hours and then contact the PA for possible charges. They should also pay room and board while visiting your fine always lights on establishment. JMHO.    Maybe after it is known that a PO is not just another way of pissing off one another folks will quit and only needed PO's will be issued. Yeah I know, when cows fly.
If your going to be dumb, you better be tough!

Offline Valor7

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Re: PCSD- Arrest Violation of Protection Order
« Reply #29 on: November 22, 2010, 10:25:29 PM »
Don't know about the cow but I think a pig just flew by........ no wait it was a famous duck named....................