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Category: Criminal Law
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Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
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How can I protect myself

Customer Question

I own a a gas station in Lake Charles, LA. Yesturday night I had verbal argument with a customer on a free beer then she verbaly abused me upon denial. I abused her back and then she returned attacked me. I called the cops and then they asked me if I would wanna go to court, I avoided the the matter being taken to court and denied. The cops went to her house and warned her. After that I closed the store and as soon as got into my car her son came and attacked my car. He punched the glass miror couple of times and kicked my car. Then he stood behind my car and would not let me drive and then I had to dial 911 again. It took a while for the cops to come and the guy who attacked had already left by that time, since he saw me calling the cops. The cops came again and went back to talk to them. As obvious they denied the charges again. The cops talked to me in a helpless gesture that they didn''t see it happening in front of their eyes and so they can''t arrest him.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 6 years ago.
Hello, and sorry to hear about your situation.

Even if there is not proof that would justify a criminal arrest, you could seek a restraining order against these attackers. The standard of proof is much lower in such cases. If they choose to violate a restraining order, they could go to jail for that.

I hope this helps!

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2418
Experience: Attorney trained in criminal law matters, and many years of advising on such matters..
Guru_Guy and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Guru_Guy's Post: Could you explain in little bit more detail about what this restraining order is ? What are its pros and cons to me and to them ? And whom should I approach to seek such order ? And most important thing, how would this restraining order assure my future safety ?
Customer: replied 6 years ago.
Relist: No answer yet.
I didn't get complete answer
Expert:  Guru_Guy replied 6 years ago.
Sorry for the delay in getting back from you. I was away from my desk for a little while.

A restraining order is a civil matter. Basically, you tell the court you were threatened and fear these people may do you harm. The court orders them to stay away from you and your property. If they violate the order, they would go to jail.

These orders are commonly used in domestic violence issues, but they can be used among people where there is no relationship other than one posing some continuing threat to the other.

There are no guarantees that these people would obey such an order, but it does increase the consequences for them if they do. Of course, even if they had been arrested, that is no guarantee of safety either since simple assault or property damage would probably only merit probation for a first offense.

For a more detailed discussion of restraining orders in Louisiana, you may find this site helpful:

http://www.womenslaw.org/LA/LA_how_to.htm

While this site is geared toward women facing domestic violence, the law grants protection to anyone, and there need not be any family or other relationship between the parties in order to get an order.

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Customer: replied 6 years ago.
But I wanna know is it possible to put a charge of harrasment since they already attacked me twice ? Racial discrimination since they called me with an n-word ?
Expert:  Guru_Guy replied 6 years ago.
The issue you are going to have is that in a criminal law matter, if the police do not wish to make an arrest, you cannot simply do it yourself. You are somewhat limited in what you can do.

You can go to the police station an file a formal complaint alleging the actions against you. Your description seemed to include assault and destruction or property. But if police choose not to make an arrest, that is within their authority. So yes, you can make a complaint, but that does not guarantee anything will be done.

Also, it is not a crime in most circumstances to call someone a racially derogatory name.

On the other hand, if you seek a restraining order based on the actions you allege, you may be able to get this court order. By itself, it is just a piece of paper, but if they violate the order, that is something to which police pay a lot more attention and would be much more likely to result in an arrest.

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