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Ask Michael J, Esq. Your Own Question

Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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how do I go about getting an resraining order on a police officer.

Resolved Question:

how do I go about getting an resraining order on a police officer. no i'm not joking. This man threatend me and my friends life with a deadly weapon while we posed no theat to him. Also he came onto my property without a warrent. We were doing some shooting but everything we were doing was leagal and safe. His exact words after we were in cuffs and him still holding his ar-15," you guys have no idea how close i came to sending some rounds at you".
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 3 years ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

To get a restraining order, you will need to either file harassment charges against the person, or you can file directly for a restraining order at your local courthouse.

Customer:

I called the courthouse and they told me that to file a complaint i needed to go to the sharifs station. I XXXXX XXXXXke that idea. does this need to involve a "formal complaint"

Michael J, Esq. :

Yes, to file a complaint, you'll need to go to the sheriff's office..

Customer:

Who am i supposed to talk with?

Michael J, Esq. :

Any deputy should be able to take your complaint. They are all authorized to hear complaints and complete the affidavits.

Customer:

Will tis mean that the RO will take affect or will they blow me off. Also how do I go about finding out if calls were actually made to the disbatch that they "herd gunshots"?

Customer:

Will it be on the report?

Michael J, Esq. :

That is up to the office taking the complaint. If they believe your story, they will take the complaint and file the criminal charges. If they don't believe you, they will refuse to file the charges. As for the calls that were supposedly made, those will not come into play in your charge against the officer. You will have to deal with those allegations in your hearing if you choose to have one on the citation you received.

Customer:

They accused me of shooting within 150 yards of my house, which i did. Will you read the law 30-7-4, a,4 and tell me what you think?

Customer:

they said I can not do that.

Michael J, Esq. :

I do not see a statute under 30-7-4, could you tell me exactly what the statute is?

Michael J, Esq. :

I found it

Michael J, Esq. :

Hold one moment please.

Michael J, Esq. :

Yes, a(4) makes it illegal to discharge a weapon within 150 yards of a private residence.

Customer:

and I quote."discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof"

Michael J, Esq. :

You are correct. It is illegal to do so.

Michael J, Esq. :

Do you have another question?

Customer:

yes

Customer:

I was the owner and i gave the permission to shoot on my land. re read the last line carfully.

Michael J, Esq. :

The statute makes it illegal to shoot without the owner's permission. It sounds like your citation came because you were close to your neighbor's house. If that is the case, you should have a defense to the charge.

Michael J, Esq. :

If you were over 150 yards from your neighbor, you should be able to fight this citation.

Customer:

Yes I took a range finder and ranged it to be 200 yards. This officer almost killed my friend and I over this. He told us this. At the time we had no idea he was aiming his weapon at us.

Michael J, Esq. :

Your option would be to attend your hearing and present evidence that the house was 200 yards away.

Customer:

The time meaning after we had been cuffed and our weapons confinscated

Michael J, Esq. :

I believe I have answered your questions thoroughly. If I have been helpful, please click ACCEPT. I'll be happy to answer any follow up questions.

Customer:

Thank you.

Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Michael J, Esq. and 11 other Criminal Law Specialists are ready to help you

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