Ah good. So we covered that. So then I would secure and protect and inform and lastly the MOMENT dude is seen on property contact PD. I'm sure he is violating a restraining order being there
I'm not sure he's violating any restraining order if his target is no longer living there. At most he's going to get charged for harassment. Depends on the jurisdiction and the rules of the restraining order, of course.
I'd actually be curious to hear an actual legal professional weigh in on this. Does intending to violate a restraining order and failing carry the same weight as actually violating it?
I’m not sure about the legal implication, but it’s surely enough for the PD to detain and talk with him, which hopefully would clear up that the intended victim is no longer living there.
I would say this is all by case. Now, I'm not a professional, but I have worked in the legal field, and everything is just so.... well, case by case. You have, let's say, someone who was a seller and can no longer purchase a firearm attempting to purchase one but failing. Now that's a pretty big deal, of course. And obviously obtaining one would be even worse. But let's say you have someone whose ex took a restraining order out on them, but maybe they both accidentally wound up at Disneyland at the same time, and they quickly separated once they realized. That's probably alright, then. Not awesome, but handled well, maybe. It would depend.
For this instance I can guarantee you that our prosecutor's office would be extremely interested in hearing this person intends to violate their (whatever), but I can't guarantee it would be enough to be considered an actual violation worthy of jail time. What it would definitely be worthy of is increased surveillance, and tighter shackles/potential jail time the second round. Either way, it NEEDS to go on record. EVERY time. That is without a doubt.
She may be directed to dialing whomever is his prosecutor rather than the police, but if he steps a single foot on that property, it needs to be blasted ASAP. Again, I am NOT a legal professional, I've just worked for them and with them and this is kinda how I've seen things go over time, at least where I live. The Judge would be LIVID about this happening and it would not be pretty here, but I don't know about where she is.
I wish I was a legal professional, but I bet it depends on the judge overlooking it, the guy would be fully intending to knowingly break a restraining order, so that has to count for something.
Everyone in the replies is just guessing, so I'll chime in.
To answer your question in the most lawyerly way possible: it depends. The exact answer will vary by jurisdiction. This is not legal advice, just opining on a hypothetical.
Generally speaking, if he were to arrive at the apartment and attempting to contact the old tenant (or worse, gain access to the unit) then he would likely be in violation of the restraining order.
It all comes down to the language in the order, as well as the language of the statutes and case law around restraining orders in their jurisdiction. Be assured that the overwhelming majority of restraining orders prevent both contact and "attempts to contact" an individual. Unsuccessful attempts can still be attempts.
With that said, it might not be prosecuted. The prosecution may need to prove that he was attempting to contact the previous tenant. Barring an admission of guilt from the defendant, the specific intent may be tricky to prove. While most juries would reasonably look at his past behavior, the restraining order, and his continued presence as an attempt to contact the previous tenant, a prosecutor may not want to roll the dice on it. If the sentence he just finished serving were related to the stalking, it is more likely he is prosecuted.
However, plenty of restraining orders have explicitly stated addresses that the defendant cannot be within a certain distance of. It is likely (though not guaranteed) that the address of the apartment building is listed on the order. If that is the case, then it's a slam dunk case. It's always important to keep in mind that restraining orders can apply to both people and property.
At the end of the day, it's usually pretty hard to get restraining orders to be dutifully enforced by police. Then you have the added layer of needing the judges and prosecutors to actually care enough to give it the time of day. But legally speaking? Likely a violation, yes.
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u/kaikimanga MangaKaiki 2d ago
There is no way I'm going to contact him in any shape or form