FLButtSlut
Posts: 344
Joined: 3/17/2005 Status: offline
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quote:
ORIGINAL: angelic quote:
ORIGINAL: FLButtSlut Ok, I have said this twice now on this post, but apparently, it either is not read, or not understood, so one more time. In the UNITED STATES, nearly every state, including Oregon which this incident is occuring, have stalking laws. STALKING LAWS DO NOT REQUIRE PHYSICAL CONTACT TO TAKE PLACE BEFORE BEING ACTED UPON. Typically, a restraining order requires an actual act of violence in order to be obtained, but stalking laws have changed this requirement. Further, while often the police MAY try to indicate that they are unable to do something, this IS NOT THE CASE. You don't even need a police officer for a restraining order, they can be obtained by going to the local courthouse. candigirlll, I understand you are a pain slut, but does that mean that you consent that during your play, you would LIKE to have as an end result the need to be hospitalized? Further, it would be very nice if everyone said what they meant and meant what they said, but this does not always happen. In reality, there is only one thing anyone needs to say...NO. Telling someone you are not interested and that you would like them to leave you alone is all it takes to turn the situation from a "nifty little fantasy game" into criminal activity if the communication continues. i can only say how i believe restraining orders work here in Washington. a Motion for a Restraining Order is first filed... the other party MUST be served and they have a right to appear in court on the day of the hearing. Then the restraining order is put in place and typically it's a 10 day process. i'm not sure what the process is if the person cannot be served personally. The point, dear angelic, is that you are speaking about what "you believe" to be the case without having the legal knowledge or background of the laws and realities that surround it. I, on the other hand, am NOT speaking from that perspective. There are several ways that restraining orders are done. Typically something called a TRO, or "temperory restraining order" is put in place IMMEDIATELY if you have proven that one is indeed necessary. Certainly the person it is against must be served, but that does not negate the restraining order's validity until that occurs, which is also typically done by police/sheriff's departments. Then, a court date is set approximately a week later to determine if a final or permanent restraining order is warranted. With the new stalking laws, you don't need to wait until you have been physically attacked to take action, but there are other stipulations that must be met to qualify the "problem" as "stalking". A TRO can typically be obtained quite easily if you know what you are doing (or have someone who knows helping you) and not much more than your word is needed. The final order is where the actual proof will be required.
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