Title: Experience with submitting a police report? Post by: lpheal on May 26, 2017, 02:57:36 PM I was curious if anyone has experience with submitting a police report for domestic violence. This was recommended to me as a way to document an episode of abuse to avoid calling 911 during the middle of an encounter. Does it carry significant weight with a family court for the purpose of obtaining a TRO?
Title: Re: Experience with submitting a police report? Post by: ForeverDad on May 27, 2017, 10:33:58 AM Possibly, it may depend on the court, what the other person did and probably other variables too.
My 911 call was on a Sunday. I suspect I almost got carted away then, the officer asked me to hand our preschooler over to his mother and "step away". Well, son was in my arms quietly sobbing, at that point he started wailing and grabbed me even tighter. As I look back, my son saved me that day. A few days later I was able to download my recording of the incident and ask an officer to come listen to it. Halfway through he immediately told me to write out a report and he'd take it from there. She was arrested for Threat of DV, I got temporary possession of our residence, but months later at trial the judge dismissed the case saying case law raised the bar requiring 'imminent' Threat of DV. I doubt that I of the male gender would have gotten the same outcome if I had shouted as vehemently as she had. The strongest part of my case was that I had recorded her "I will kill you!" threats. But I wasn't injured then and after all it was her first time in court. Did you record any of it? I ask because there are so many devices that can record these days. Of course don't wave a recorder in the person's face, that can trigger overreactions. I had my recorder in my pocket. In the past courts often ignored recordings because they could be edited or be constructed traps the other got caught in. It may be better these days but the general consensus is that the professionals around the court can give recordings a hearing ear. Getting police to listen to recordings is a start. If anyone questions why you recorded, phrase it that it was for your self-protection more than trying to get the other in trouble. So don't get recorded saying, "I'm recording, you #$%&, so you'll get in trouble." That sure wouldn't sound like a victim or target needing help. |