Showing posts with label PPO. Show all posts
Showing posts with label PPO. Show all posts

Wednesday, March 28, 2018

Yet Again, PPOs Are Just Pieces Of Paper Only

And a piece of paper offers scant protection from scum bent on killing their former domestic partners.

The Detroit Free Press: Woman killed at Jo-Ann Fabrics had protection order against ex-boyfriend

As is typical in these cases, the PPO did not help.

Rachel Renee Duncan feared weeks ago that a former boyfriend could show up at her work and possibly kill her.

On Monday, police said, he did just that, murdering the 25-year-old fabric store employee inside the Jo-Ann Fabrics at 3750 W. Saginaw St. before turning the gun on himself.

It's a pity he didn't just off himself and instead had to involve an innocent in his worthlessness.

A PPO may help turn away the average gormless stalker schmuck that just doesn't comprehend that no means no.

It does nothing against people who have made actual threats of bodily harm against you and are bent on carrying them out. In such a case, the PPO is only helpful in documenting the threats to show you have a reasonable fear that they will do you bodily harm when they show up and you have to defend yourself. Failing, after getting a PPO, to have an adequate means of defending yourself from a known threat when they do show up is of no help.

Update: Just as Spikessib points out in the comment, the gun was not legally owned by him. Not only due to his not being allowed to have a firearm due to the PPO (this is most likely the case, the PPO form in Michigan has a checkbox prohibiting firearm possession that a judge pretty much always checks in such a situation, but it is unknown if that happened here) but the police have confirmed he was not the legal owner of the pistol used, and they're trying to figure out where he got it from. Oh, and he had been in a mental institution for a week after being detained by police, but had not been involuntarily committed nor apparently determined to be a threat to himself or others during his stay there. Lansing State Journal: Police: Shooter in murder-suicide at Jo-Ann Fabrics didn't own gun legally.

Monday, November 27, 2017

PPO = Piece Of Paper Only

A PPO from a court, while a good first step in protection from a known threat is only a very flimsy piece of paper.

They generally do not dissuade folks with a known history of violence and familiarity with being on the convict side of the criminal justice system.

The Detroit Free Press: Police: Man shoots 2 women before suicide in Detroit domestic violence

One good first step to extending your life is don't associate with known violent felons. A good second step is do not procreate with them.

A 37-year-old man allegedly [allegedly? Really Freep?] shot his ex-girlfriend, fatally shot her female friend, then killed himself Monday morning at a home on Detroit's west side, police said.

The man forced his way into the 26-year-old friend's home on Wreford near Linwood, where the 28-year-old ex-girlfriend was staying with two children, a newborn and an 11-year-old girl, Detroit Police Chief James Craig said on Facebook Live.

"As soon as he made entry into this location, he began firing shots, striking the girlfriend. She was hit three times," he said. "She was able to exit the location with another child, the 11-year-old."

The 9-day-old baby girl, whose parents are the shooter and ex-girlfriend, suffered hypothermia as people kept opening doors to the residence, Craig said. The 11-year-old girl, who is the suspected shooter's daughter, was not injured.

That's a rather weird way of saying that both kids were the progeny of the criminal but one was not a child of the ex-girlfriend.

Said criminal who did the world a favor by taking himself put of it, sadly only after killing someone else had a rather solid criminal history:

shooter's criminal history involves weapons, narcotics and assault with attempt to murder.

Of course the ex-girlfriend and apparently mother of at least one of the kids had a PPO but strangely didn't contact police after he violated it the day prior to the shooting:

The ex-girlfriend had an active personal protection order against the suspected shooter. He has a violent history, but when he visited the home and caused a disturbance on Sunday, nobody called police, Craig said. The ex-girlfriend was hospitalized and is expected to recover.

PPOs while of very limited protection offer no protection at all when a violation of them is ignored bu the person who got the PPO issued in the first place. Perhaps he would have been arrested for the violation and the subsequent shooting would never have happened, perhaps not but we certainly won't know.

The main purpose of a PPO is to get it documented into the system that you have a justifiable belief that the recipient of the PPO is going to do you harm. This will certainly help you later should the person violate it and you need to protect yourself either depending on the nature of the situation via police, the courts, or self-help.

Thursday, November 09, 2017

PPO Fun in Court Today

Today was Personal Protection Order day in court.

Oftentimes and as was seen in court today, a Personal Protection Order is sought sometimes just because some people can't communicate effectively nor take "No" for an answer, or for some serious and actual threats or acts of violence. We got to see both examples while I was waiting for my client to be called.

We had EXs sparring over nasty emails sent to each other and the court told them to play nice or else but did not enter the PPO in that case.

We had a case where a dingbat separated from his wife broke down her door and punched a visitor at the house thinking he was involved with his ex, and yes a PPO was justly entered in that one.

My client had a higher end threat to deal with and quite the story to tell. You see, he was in a romantic relationship with a lady who apparently liked having ongoing multiple yet separate relationships with her being the part of multiple couples and couplings so to speak. He was ok with the non-exclusivity part yet it turned out another boyfriend, who we shall name Mongo for both his intellect and overall size, was not.

Said boyfriend Mongo gets liquored up one night, buys some knives and ammo and starts heading to my clients' place where he knows my client and the lady are located. Oh, and he was wearing a skull mask while driving there, and it sure wasn't Halloween.

Luckily for all concerned, Mongo was stopped by police on his way to carry out his plan and they have him clearly and cleanly for DUI....and then they find the knives and other accoutrements in the vehicle. The police, being rather perceptive police and on the ball after stopping a drunken masked man with knives and ammo, after Mirandizing him ask Mongo what that's all for.

Remember the line from Ron White that he had the right to remain silent but lacked the ability? If you haven't seen that clip, click and go forth and watch it, it is worth it.

Mongo sure lacked the ability.

At the roadside Mongo says he was heading over there to kill them. This definitely piques the police's interest. After further custodial interrogation and after he's Mirandized yet again Mongo again states he is heading over to kill them and doesn't care if he goes to jail. Mongo does not wax poetic on being a pawn in the game of life, Mongo instead wants to go kill people.

So why yes, he does go to jail.

Then he pleads guilty to two felonies, one of which is carrying a weapon with unlawful intent - said unlawful intent being to do in my client, and the DUI. But, Mongo gets time served while waiting to be sentenced, and is released on probation upon entry of his plea and is now out on the streets.

This makes my client a little concerned so we file a PPO and have the hearing today.

After making a record of the incident to the court and other procedural niceties, relaying the facts and circumstances and the very credible nature of the threats and subsequent felony convictions that arose from the incident, the court has no problem entering the PPO against Mongo.

I also advised my client that getting a firearm, a CPL and appropriate training would likely be a valuable option in case Mongo decides to get frisky again and shows up at his house to carry out his threat.