Protection Orders

[comptech]

First off, I'd like to state that I am not in any sort of trouble, and I do not have a protection order agasint me. Second I'd like to state that I am a computer engineer, and that I am NOT a criminal justice student. I AM a computer science student. Finally I'd like to state that this is not a homework assignment, but a personal interest.

Ok, now that the "please don't assume I'm using you as homework helpers" disclaimer is out of the way...

I have an interest in law, and law enforcement, but my vision would keep me out as I have 20/200 in one eye that is only correctable by LASIK to 20/100. I still study law in my spare time as it is interesting, but one thing that seems highly biased to me is protection orders. I do know someone (who I lost contact with last year) that sent 1 text message to his girlfriend's ex, telling him to "Leave her alone or I'll call the cops" and he was slammed with a protection order, and they took away his guns, and charged him with aggrv. harassment 2nd degree. He was a good guy, who never hurt anyone, and had no prior police interaction. He has one year left on his 2 year OP before he can get his guns back and go to the range again (unless he got out of it soemhow) After hearing what happened to him I started studying laws on OPs as I was going to try to help him find a good attorney. To me it appears to be very easy to get an OP against someone here (Long Island in NY) and that having an OP on your record would seriously hurt your chances of doing anything later on in life (he wanted to become a cop.)

Anyway I was just wondering what everyone's opinions are here about the laws regarding protection oders. Thanks

PS: Sorry if this was too long or drawn out. I'm better at writing computer code than paragraphs ;)

[Sgt. Slaughter]

Every state is different. IF (and that's a big 'if') eeeeeverything you said about your friend was 100% true, he should have gone back to court and had a hearing to get it quashed.

Orders of Protection (at least in Arizona) have to have a reason. The complainant fills out a form and has to appear before a judge to state their case. After hearing and reading what is alleged to have happened, the judge can then issue the order if they choose.

Using the big 'if' above, sounds like NY laws are different that AZ in regard to issuing Orders.

I am, however, of the opinion that your friend didn't tell you the entire truth.

[comptech]

Thank you for the response. While I can't be 100% sure that he told me the truth, I doubt he had a reason to lie to me, as I am not a cop, not involved in the case, and am not going to be a witness. I do know that he went to court, and they dropped it down to a sealed DisCon with the 2 year OP as a condition of the DisCon over the misd. A The point though was not about my friend or helping him as what's done is done. I may have not been very clear about my original post.

PS: Sorry if this was too long or drawn out. I'm better at writing computer code than paragraphs ;)

I just want to know if anyone here thinks that laws in their respective states regarding OPs are fair. I lost touch with this guy as we only hung out a school, and since he has the stay away OP he had to drop out of school. (May not go to the house, place of employment, school, etc.. of the compaintant) I think it's unfair that he lost his guns (I know he was a big hunting guy) and that he can't go to the same school anymore all over a single text message. So while I do value your answer, do you think OP laws in your state are fair? I think NYs are very biased, and I'm hoping some NY cops can tell me their opinions too, but all departments are welcome. Thanks again

[Sgt. Slaughter]

Thank you for the response. While I can't be 100% sure that he told me the truth, I doubt he had a reason to lie to me, as I am not a cop, not involved in the case, and am not going to be a witness.

He also had no compelling reason to be honest with you. Generally, people don't like to 1) Get in trouble and; 2) Have people think poorly of them. It's human nature to NOT be completely honest especially when it makes one look bad.

I do know that he went to court, and they dropped it down to a sealed DisCon with the 2 year OP as a condition of the DisCon over the misd. A The point though was not about my friend or helping him as what's done is done. I may have not been very clear about my original post.

Sounds like he's been to court, meaning he most likely had an attorney and agreed to the conditions of the plea bargain. It's hard for someone to get worked up about a lighter sentence that they've agreed to.

I just want to know if anyone here thinks that laws in their respective states regarding OPs are fair. I lost touch with this guy as we only hung out a school, and since he has the stay away OP he had to drop out of school. (May not go to the house, place of employment, school, etc.. of the compaintant) I think it's unfair that he lost his guns (I know he was a big hunting guy) and that he can't go to the same school anymore all over a single text message. So while I do value your answer, do you think OP laws in your state are fair? I think NYs are very biased, and I'm hoping some NY cops can tell me their opinions too, but all departments are welcome. Thanks again

Here in AZ they are fair.

But again, you're assuming he's being honest with you. I've personally never seen 1 innocuous text lead to a plea bargain involving Disorderly Conduct and an Order of Protection. He's blowing smoke and you're eating it up.

If, however, it IS the case in NY that one innocent message, aaaaaaaall by itself gets one a conviction and 2 years worth of Protective Orders, I would highly recommend moving out of the state.

[comptech]

I do not know if I can trust him or not. That is why we lost touch. I refuse to associate with people that I can't trust. Also as far as my novice interpretation of NY law goes, the OP law here does seem very unfair, and he may be telling the truth. I've read horror stories in other forums where NY residents tried to get the OPs protecting them from their own boyfriends removed, and the court wouldn't do it, even though both parties involved wanted to get rid of it. I do plan on moving out of state once I find a job similar or better to my current one, and once I finish my current degree. I'm looking at Vermont as it is close enough to visit my family, plus with a house full of computers, I like the cold as it keeps cooling costs down ;)

[Samuel]

Agree with Sgt Slaughter. No one is going to get slammed for just 1 text message of "Leave her alone or I'll call the cops" and you should stop believing that.

[phantasm]

Being a cop in NY, I'd be willing to bet there's more to the story. Someone wouldn't get hit with an aggravated harassment for 1 text message.

[comptech]

That does make a lot of sense. I had my doubt about a single text message from the begining, hence why I don't trust him, hence why I lost touch with him. I am still curious as to everyone's opinions regarding their own states OP laws?

[comptech]

I do know the other guy involved, so I'll ask him in a little while, and see what he says happened.

[comptech]

Sorry for the double post, but yeah the other guy says it was "Leave her alone or I'll call the cops" but it was 300 text messages of the same thing with-in the span of 2 hours.

[phantasm]

Sorry for the double post, but yeah the other guy says it was "Leave her alone or I'll call the cops" but it was 300 text messages of the same thing with-in the span of 2 hours.

well 300 text messages within 2 hours would = aggravated harassment. In NY harassment via another mean (phone, text, email, etc) = aggravated harassment.

[comptech]

Yes I do agree that 300 messages is too much, and should be a crime. The "victim" however did admit to me that he was being a pain in the ass to his ex on purpose as she moved on to the new guy "too quickly"

Edit: I personally think they should have just called it even between the two and had an unofficial agreement to severe contact.

[retdetsgt]

The "victim" however did admit to me that he was being a pain in the ass to his ex on purpose as she moved on to the new guy "too quickly"

Bingo. Any sympathy is now gone for the guy. What she does after they break up is none of his business. Most normal people would contest a restraining order if there was no basis to it, particularly if they had that much to lose just on the filing of it. Sounds like she had a basis for it.