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October 4th, 2008, 09:27 PM #11Senior Member
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Philadelphia,
Pennsylvania
(Philadelphia County) - Posts
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October 4th, 2008, 10:07 PM #12
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October 4th, 2008, 10:19 PM #13
Re: No such thing as restraining orders in PA.
IANAL but...
- PFA (Protection from Abuse) is basically issued to keep 2 people apart for reason of potential physical or emotional violence
http://en.wikipedia.org/wiki/Protection_From_Abuse
Keep in mind when it comes to a PFA the person being "filed against" is 100% guilty the moment it is filed until it is heard in court. This means if it is a husband / wife, boyfriend / girlfriend whatever, whoever filed it wins until the day in court, if it is found to be complete bullshit it gets thrown out, there is no legal recourse or punishment for filing a PFA.
- As for the threats over the phone those would be terroristic threats, Record all your calls, problem solved. Pick up the phone hit record and immediately say "Hello Mr.X residence this call is being recorded" no matter who is calling, every call, every time.The first vehicles normally on the scene of a crime are ambulances and police cruisers. If you are armed you have a chance to decide who gets transported in which vehicle, if you are not armed then that decision is made for you.
Be prepared, because someone else already is and no one knows their intent except them.
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October 5th, 2008, 01:16 AM #14
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October 5th, 2008, 01:50 AM #15
Re: No such thing as restraining orders in PA.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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October 5th, 2008, 03:36 AM #16
Re: No such thing as restraining orders in PA.
True. But, the recourse can be either "Abuse of Power" if one were to file that route. Or... "Abuse of Process" if they're going through their attorney to file. While IANAL, I think this is pretty common in so called "threats" between counsels.
Also, my advice, which is substantiated by objective evidence, will remain as: get the highest-priced best known law firm in your area on your side. That's your way of buying all those friends you didn't have in high school. And just to quote that new Escalade commercial for Caddy, "real life is high school with money."
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October 5th, 2008, 05:48 AM #17Super Member
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Pennsylvania
(Schuylkill County) - Posts
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Re: No such thing as restraining orders in PA.
There are quite a few 'loopholes' in PA's two party recording law.
Your answering machine is one. I would doubt that you will get in any trouble is you take a recording of a person uttering death threats to the police.
If you do not have caller ID, and block non-id'd numbers from calling you, then set it up. Take those numbers/times to the police.
The system is a bit corrupt, but can be made to work in your favor.
Since there is no 'Federal Police' (they are not granted that power in the constitution.. and that used to mean something) I cannot see how they could enforce a 'Federal' PFA.
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October 5th, 2008, 08:36 AM #18
Re: No such thing as restraining orders in PA.
““Liberty is the right to choose. Freedom is the result of the right choice.””
-Anonymous
Jeff
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October 5th, 2008, 10:41 AM #19
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October 6th, 2008, 09:58 PM #20Active Member
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- Sep 2008
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Prospect Park,
Pennsylvania
(Delaware County) - Posts
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Re: No such thing as restraining orders in PA.
All good suggestions, it's just complicated a bit by geography, and he said/she said, etc. He now lives in Utah. Local police can't do much about it.
In the divorce, he was awarded supervised visitation only, and because those types of visits don't allow him to preach his crap to the kids, he opts to not see them at all. It's been over two years since he has seen them. He also gave them each a cell phone, which he pays for and those are the only numbers that he has as far as contact with them. He is to call them between 7 and 8 pm nightly, and other than the occasional text message, he sticks to it. They don't even turn the phones on unless I or their mother reminds them to do so.
That hinders us from recording the calls, but it also keeps him from finding the address, and also keeps him from calling the kids mom and I and harrassing us. We have an unlisted number and the house and bills are all in my name, which he doesn't have. We have a PO box in a different city and that is all he has. The kids understand very well and have been awesome at redirecting his attention or ending the call when he starts to interrogate them about the exact address, school, etc. or when he becomes threatening.
It's hard on them, but is much easier now then when he was living with them. And they understand it.
It still could be better. We're hoping it'll get better. But I've done my homework. Reading and learning about Sociapaths has been VERY eyeopening, and in doing that, I know that hope for better is fine, but it's much better to be prepared for the more likely occasion of it getting much worse.
Thanks all. Was just looking for info on the possibility of the Federal Protection Order.Last edited by Delcoadvocate; October 6th, 2008 at 10:03 PM.
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