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by gregthehand
Tue Sep 25, 2007 6:22 pm
Forum: LEO Contacts & Bloopers
Topic: Some advice please
Replies: 59
Views: 11867

Keith B wrote:I would at minimum try to get an temporary restraining order ex parte against the guy.
He can't get an Ex Parte Restraing order mostly because there is no such thing as one. In Texas the only kind of contact restraint a magistrate may place on a person "ex parte" is a protective order.
Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is a clear and present danger of a sexual assault
or other harm to the applicant, the court, without further notice to
the alleged offender and without a hearing, may enter a temporary ex
parte order for the protection of the applicant or any other member
of the applicant's family or household.
Everything else the person has a right to show up and defend themselves. If the OP decides he wants to file a complaint, and make a case he can ask for a "No Contact" order from the Judge or a Peace Bond. If the officer violates the first he answers to the judge and would be probably charged with contempt. If he has a peace bond the officer and more than likely the plaintuff would have to post bond. If either of them violated they would lose the bond. I've served a lot of the first two and very few peace bonds. If the OP takes it all the way his safest bet will be asking for a "no contact" order. However the Magistrate will more than likely impose the rule and the officer would not be allowed to talk to the OP anyhow about anything having to do with the case. Since the case would have to do with his contact about everything thus far and the officers investigation thus far he pretty much wouldn't be able to talk to the OP.
by gregthehand
Tue Sep 25, 2007 6:49 am
Forum: LEO Contacts & Bloopers
Topic: Some advice please
Replies: 59
Views: 11867

Ok I've heard a lot of responses so far that equate to "hang this guy out to dry". The guy may have done something wrong at this point. Please can we at least tone down the internet justice we are dealing out to this guy? Also it's been pointed out that he's moving. So I'm sorry I may look like some kind of pacifist but why not just let it go? Is it REALLY worth ruining a guys career over? Some will say yes but I say no. He *possibly* ran a background check (which many here have reported to have done on publicdata.com) and maybe ran the OP's license. Or maybe he asked around the hood and some other nosey neighbor told him you had a CHL; if they knew. Only the OP can say for certain whether or not anyone around him knows. Also maybe when the cop moved in he asked around the hood about the neighbors. Maybe someone was already nosey and started giving info on everyone who has ever lived there that has ever been in trouble with the law. They know the OP was because there brother's friends cousin went to school with him and told them so. It happens. Just my opinion and I'm sure to some who have posted it will fall on deaf ears (eyes). I say if the guys moving just let him move.

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