rhaig 0 #51 October 4, 2011 QuoteIn a state like Texas, maybe violating the RO is enough to allow a legal shooting under any circumstances. simply violating the RO isn't enough. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm Sec 9 outlines all the cases force and deadly force are allowed under law. the short answer is: Quote9.32(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary: (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. If the violator of the RO had a violent past, then perhaps merely violating the restraining order would incite the belief that there was imminent threat of the above cases. In that case, merely violating the RO might be enough. A grand jury gets to decide in TX on every shooting.-- Rob Quote Share this post Link to post Share on other sites
JohnRich 4 #52 October 4, 2011 QuoteIn a state like Texas, maybe violating the RO is enough to allow a legal shooting under any circumstances. The Texas deadly force statutes make no mention of restraining orders as a qualifying circumstance for the use of deadly force. A man who breaks down your door and comes at you with a tire iron, is a threat to your life, and that's all that matters. A man who violates a restraining order but presents no threat, can not legally be shot. Quote Share this post Link to post Share on other sites
Andy9o8 2 #53 October 4, 2011 QuoteWhat are you going to do, shoot me? To what end? Quote Share this post Link to post Share on other sites
RonD1120 62 #54 October 5, 2011 Quote You can't shoot just anyone in your home. I can in my home. I live in FL.Look for the shiny things of God revealed by the Holy Spirit. They only last for an instant but it is a Holy Instant. Let your soul absorb them. Quote Share this post Link to post Share on other sites
DanG 1 #55 October 5, 2011 QuoteI can in my home. I live in FL. You can shoot your wife and it's not illegal if it happens in your home? I think you're missing the point. - Dan G Quote Share this post Link to post Share on other sites
RonD1120 62 #56 October 5, 2011 QuoteQuoteI can in my home. I live in FL. You can shoot your wife and it's not illegal if it happens in your home? I think you're missing the point. If she is a threat to my physical safety, yes. However, I was not restricting my thought to domestic violence. I was thinking of an intruder. Therefore, considering the homicide a DV case, I agree with you. A restraining order preceding a fatal gun shot would present a better case in court.Look for the shiny things of God revealed by the Holy Spirit. They only last for an instant but it is a Holy Instant. Let your soul absorb them. Quote Share this post Link to post Share on other sites
rehmwa 2 #57 October 5, 2011 I'm back, so what did I miss? (I had to go treat a small paper cut from my bullet/RO evaluation - it got infected pretty bad and I had to take time off) ... Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants Quote Share this post Link to post Share on other sites
billvon 2,998 #58 October 5, 2011 >I'm back, so what did I miss? Let's see - MNeal and Kallend had a very long argument. No they didn't. Yes they did. No they didn't. He's wrong. I know he is but what is he? POLL: Did JohnRich post anything else? [ ]Yes, it was well thought out. [ ]No, it was just a poll to get people going. Dreamdancer forgot what he was going to post but fortunately Alternet had something he could copy. Jeanie posted about ReCUBAcans but no one from Cuba took the bait. People are arguing whether the Tea Party or the Wall Street Protesters are stupider. Both sides seem to be winning. Quote Share this post Link to post Share on other sites
kallend 2,027 #59 October 5, 2011 Speaking only for myself, I'd rather deal with a loony with a restraining order than a loony with a gun. But fresh fruit - that's another matter entirely. www.youtube.com/watch?v=piWCBOsJr-w... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
rhaig 0 #60 October 6, 2011 what if he's got a pointed stick?-- Rob Quote Share this post Link to post Share on other sites
quade 4 #61 October 6, 2011 Quotewhat if he's got a pointed stick? Release the tiger.quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
JohnRich 4 #62 October 10, 2011 News:Man Shot in Home Invasion "A break-up and a restraining order weren't enough to keep one man away from his ex-girlfriend, but a gun shot wound may just be enough to keep him from breaking into her house again. That’s what happened in Boone County Sunday morning... "One neighbor who doesn’t wish to be named says she saw Conrad Saturday -- looking at Bragg's home from behind a tree. 'He was tall; dressed in black. He had a big black duffel bag,' the neighbor said. It wasn't until after the shooting when rumors started flying around the neighborhood about what police found inside that duffel bag. 'There was duct tape, there was nails, there was handcuffs' she said..."Full story: WSAZ.com Quote Share this post Link to post Share on other sites
christelsabine 1 #63 October 10, 2011 Quote News: Man Shot in Home Invasion "A break-up and a restraining order weren't enough to keep one man away from his ex-girlfriend, but a gun shot wound may just be enough to keep him from breaking into her house again. That’s what happened in Boone County Sunday morning... "One neighbor who doesn’t wish to be named says she saw Conrad Saturday -- looking at Bragg's home from behind a tree. 'He was tall; dressed in black. He had a big black duffel bag,' the neighbor said. It wasn't until after the shooting when rumors started flying around the neighborhood about what police found inside that duffel bag. 'There was duct tape, there was nails, there was handcuffs' she said..." Full story: WSAZ.com OK, OK, posting to your yourself is not a crime ... But - why did you post the above link ....?? dudeist skydiver # 3105 Quote Share this post Link to post Share on other sites
mnealtx 0 #64 October 11, 2011 Quote But - why did you post the above link ....?? Do you *really* think anyone buys your "I don't understand" act?Mike I love you, Shannon and Jim. POPS 9708 , SCR 14706 Quote Share this post Link to post Share on other sites
jonstark 8 #65 October 11, 2011 A gun is a paperweight unless you back it up with the decision beforehand to use it lethally. If you haven't made that mental leap both the restraining order and the gun are useless for protection. jon Quote Share this post Link to post Share on other sites
billvon 2,998 #66 October 11, 2011 News: ============= Man shoots girlfriend in stomach, tells police he doesn’t remember Published: Wednesday, September 28, 2011 By BILL DELANEY wdelaney@MorningJournal.com GRAFTON — A man who shot his girlfriend in the stomach on Saturday told police it was an accident, according to a police report. William Cheatham, 23, of Grafton, was arrested after police responded to an upstairs apartment in the 900 block of Main Street around 2:20 p.m. Cheatham was holding his hands to the stomach of Amanda Jamiol, 18, of Brunswick, and stated “I shot my girlfriend by accident,” according to the report. ============ Quote Share this post Link to post Share on other sites
DesertAttorney 0 #67 October 11, 2011 I work in Domestic Relations Law (Divorce, Custody, etc.). An OoP will only work if the Defendant respects the rule of law, and does not have homicidal intent. It truly is only a piece of paper, a document that only keeps someone with something to lose in check. If you know how to use it, a gun keeps you safer... Quote Share this post Link to post Share on other sites
JohnRich 4 #68 October 11, 2011 QuoteNews: Man shoots girlfriend in stomach, tells police he doesn’t remember You're off-topic bill - there's no restraining order involved in that story. Perhaps you should start a thread about drunken boyfriends that accidentally shoot their girlfriends. Oh, and you've failed several times now to provide a web link citation to your stories. Are you afraid to have us checking the facts behind what you quote? Quote Share this post Link to post Share on other sites
JohnRich 4 #69 October 11, 2011 Quote But - why did you post the above link ....?? Oh gee, I don't know, I thought it might be a relevant example to the subject matter here. I assumed that most people would figure that out. I guess I was wrong, in your case. Perhaps you should ask this same question to billvon's message #66, which has no bearing on anything here. What do you think about that? Would you prefer to have just a restraining order against a threatening person, or a restraining order backed-up by a self-defense gun? Quote Share this post Link to post Share on other sites
Mickochet 0 #70 October 12, 2011 The fact that it cost someone any money to justifiably shoot someone in self defense is wrong.If you never fall down you aren't trying hard enough. Quote Share this post Link to post Share on other sites
lawrocket 3 #71 October 13, 2011 I also work in this area and I agree. Furthermore, the police are not required to enforce one. http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales So the SCOTUS has let us know that it is only a piece of paper. Please note: it appears that a woman had a restraining order on a man. She worked in Seal Beach, CA. She and 7 other dead people were not shielded by the Restraining Order. Seal Beach is almost like a home town to me and this one hit me hard. It appears to be pretty damned clear that gun control is a miserable failure. It doesn't work. It isn't working. People are dying in large numbers in target rich environments without any ability to defend themselves. Gun control is not about public safety if these things keep happening. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
JohnRich 4 #72 October 13, 2011 QuoteIt appears to be pretty damned clear that gun control is a miserable failure. It doesn't work. It isn't working. People are dying in large numbers in target rich environments without any ability to defend themselves. +1 Quote Share this post Link to post Share on other sites
DaVinci 0 #73 October 17, 2011 QuoteYep. And how much would you pay to avoid this? While a tragedy.... This was also easy to prevent. Quote Share this post Link to post Share on other sites
DaVinci 0 #74 October 17, 2011 QuoteBut I fail to see how being arrested, perhaps charged and tried, perhaps even convicted of some sort of murder wouldn't be "more problems". Which to you would be more of a problem for you: 1. Defending your wife and killing an attacker and being charged with the attackers murder. 2. Watching your wife killed in front of you. Quote Share this post Link to post Share on other sites
billvon 2,998 #75 October 17, 2011 Which to you would be more of a problem for you: 1. Living without a gun with your wife after your house was robbed 2. Accidentally shooting and killing your wife Same sort of question. Quote Share this post Link to post Share on other sites
