A restraining order that didn't work.

[MKEgal]

Has anyone ever had a restraining order that did work?

For this very reason I carry 185gr hollow points in my .460R for self defense (very minimal penetration comparatively) so as to decrease the chance of overpenetration and a Manslaughter charge for killing an innocent bystander

Any criminal charge connected with a defensive shooting would be on the criminal who caused the problem (if he survives), not the citizen who stopped the problem.

Here in WI, we have a crime titled "felony murder". If anyone dies in the commission (or attempted commission) of a crime, whether it's a criminal who's committing the crime or the store clerk who's being robbed or an innocent bystander who gets hit by a defender's bullet, any surviving participants in the crime get charged with felony murder for the death. It adds up to 15 years to their sentence.
http://docs.legis.wisconsin.gov/statutes/statutes/940/I/03

 

[Grapeshot]

Has anyone ever had a restraining order that did work?


Any criminal charge connected with a defensive shooting would be on the criminal who caused the problem (if he survives), not the citizen who stopped the problem.

Here in WI, we have a crime titled "felony murder". If anyone dies in the commission (or attempted commission) of a crime, whether it's a criminal who's committing the crime or the store clerk who's being robbed or an innocent bystander who gets hit by a defender's bullet, any surviving participants in the crime get charged with felony murder for the death. It adds up to 15 years to their sentence.
http://docs.legis.wisconsin.gov/statutes/statutes/940/I/03

Restraining orders work in the same fashion as gun free zones - they only function as well as the actor allows. They are not physical deterrents.

Potential add on charges (after the fact/violation) act doesn't help the victim. A RO is the MSG of self-defense - they make the unwary think that they have gotten something better than it really is - just a flavor enhancer.

 

[sudden valley gunner]

Has anyone ever had a restraining order that did work?

They work when one spouse cooks up a way to alienate the other from their kids. Sadly they don't work as advertised.

 

[WalkingWolf]

They work when one spouse cooks up a way to alienate the other from their kids. Sadly they don't work as advertised.

Or take their guns away in an act of revenge.

 

[The Truth]

Has anyone ever had a restraining order that did work?


Any criminal charge connected with a defensive shooting would be on the criminal who caused the problem (if he survives), not the citizen who stopped the problem.

Here in WI, we have a crime titled "felony murder". If anyone dies in the commission (or attempted commission) of a crime, whether it's a criminal who's committing the crime or the store clerk who's being robbed or an innocent bystander who gets hit by a defender's bullet, any surviving participants in the crime get charged with felony murder for the death. It adds up to 15 years to their sentence.
http://docs.legis.wisconsin.gov/statutes/statutes/940/I/03

Nice.

I'd still want to take the necessary precautions to be as safe as possible. Although I wouldn't be held criminally liable, what about civil liability? Plus it would be tough to deal with if a bystander was seriously injured.

 

[sudden valley gunner]

Or take their guns away in an act of revenge.

True dat!

 

[Oldmountainman]

Seems like I'm always late but I just found this thread ! Its a good and informative read, thanks for sharing it !! Great advise about not talking to the police !!I think every one should keep in mind that a self defense shooting or any shooting for that matter is just the beginning of a long ordeal for lack of a better word !!!!

 

[Sir Diealotz]

Welcome to Open Carry. Wow, that guy was a freakin' nut! Thanks for the read and the advice. Sorry that things didn't work out for you and Terri.

 

[Daniel_nimrod]

Seems like I'm always late but I just found this thread ! Its a good and informative read, thanks for sharing it !! Great advise about not talking to the police !!I think every one should keep in mind that a self defense shooting or any shooting for that matter is just the beginning of a long ordeal for lack of a better word !!!!

Sometimes there are those officers that want to help but then you have a DA that just wants the votes and will do whatever it takes to get them. I just remember going through interigation techniques in school and the one thing that kept coming back was that "We as police officers aren't held to a standard when interrogating a suspect, we can lie all we want to get someone to talk."
Also I was in a situation where I had an arrest warrant and NOT a search warrant. So it was general practice to have an officer stand at the side and while you bang loudly on the door announcing your presence the other officer yells, "COME IN!!"
Later, in court, when asked how you gained entry for the arrest it is not a lie to tell the court that you clearly and distinctly heard someone yell to you that it was okay to enter.
That's Southern Louisiana policing and they actually teach it.
If you're not from Louisiana, don't know anybody in Louisiana, then don't go there. Of course that was several years ago but still.......

 

[PalmettoG27]

What happened with your gun wasent cool at all. If the guy took it out of evidence and was using it as his own then its a bigger issue then just the officer doing what he did. Never should have been allowed to happen.

When we take guns they are stored in a box with all the info on the box. But I am aware that our state agency stamps some numeric code on guns they take and run tests on. I can't remember where they stamp it, but it was on the inside not on the exterior. I want to say they do it on the barrel. Thats more of a question for lab geeks or the up-tight evidence custodian nerds.