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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I have a EPO against a man who was abusing my mother who is

Resolved Question:

I have a EPO against a man who was abusing my mother who is on hospise. And my sister who disabled and has seizures that are brought on by stress. Last seizure put her in a coma for over 2 months. Yesterday a member of the sherriff's office called and stated that the man with the EPO wanted his belongings and that he was on his way to my mother's home. I asked was he sure this was legal due to the EPO and he stated it was. I asked if he was going to send a deputy due to the violant outburst and the officer stated that they could not do that. So we moved the mans belongings out to the end of the driveway as we did not want him on the front porch. (especially knowing no officer was anywhere around). I recently spoke with a member of the State police dept. and was informed that what the county officer allowed to occur was wrong. My mother is very upset and afraid that the law will allow him on her property again and she is bedridden and on hospice. After he left my sister who also resides has this residence was suffered another seizure and when she had the one proir we was told that any excessive stress or another seizure could cause brain damage or even death. I explained this to the county officer and he allowed him to come there without protecting my family and the state police suggested that I speak to a lawyer, because of the severity of what the outcome could have been and the stressful situation it has left my family in. The county law has been aware of this man violating the EPO by going to the neighbors house that is within 100ft. weekly. I was told by the county officer that I would have to get a video of him breaking the EPO before he could do anything.
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

Customer:

Thank you

LADYLAWYER :

Is this just one particular county officer who let him come over and who said you needed a video?

Customer:

yes

Customer:

It is the sherriff

LADYLAWYER :

This man definitely should not have been allowed on your property. And you need to video for him to be arrested or charged with breaking the EPO. This officer was WAY out of line. You need to file a complaint with his superior officer as soon as possible. Further, you should file an administrative complaint against the department, as that is the first step in being able to sue any government entity. This will at least protect your claim.

LADYLAWYER :

Sorry, that should have said "need NOT video him"

Customer:

We have video of where he came and got his things yesterday. Also the man with the EPO was very vocal and used finger gestures towards while he was getting his things.

LADYLAWYER :

There is no requirement that he be on video breaking the EPO. That being said, the video of him coming over yearterday may or may not be able to be used to preosecute him for breaking the EPO because a law enforcement officer gave him permission to be at the house to do this.

LADYLAWYER :

The caller ID would be enough.

Customer:

The reason we videod that was to assure he picked up his belongings and so that he could not say we didn't give him the things he asked for.

LADYLAWYER :

The fact that he is at a neighbor's house and is not more than 500 yards away is enough.

LADYLAWYER :

I understand, and that was excellent thinking.

LADYLAWYER :

500 feet. Sorry, I have my legal assistant in my ear right now.

Customer:

Thank you. I live in Kentucky, and who would you suggest I talk to next.

LADYLAWYER :

BotXXXXX XXXXXne is that the officer not only did not enforce the judge's order, which he is charged to do with his employment, he willfully allowed a perp to break the law and the order of the court.

Customer:

Can you give my the name of a cotact to follow through with this?

LADYLAWYER :

I suggest you file a compliant with the officer's superior (hope you got his name) and I also suggest you file an administrative complaint by contacting the county clerk and asking about the proper procedure in your jurisdiction.

LADYLAWYER :

You can also speak to a local attorney who can help you follow through on these things and make sure that no further illegal action is allowed by the Sheriff's Office and that it will follow through any further violations of the EPO.

LADYLAWYER :

You can find local civil litigators here: www.martindale.com.

LADYLAWYER :

Best way to contact the attorneys is to write one email and send it out to a few to see what kind of reponses you get and who is willing to help.

Customer:

Prior to the EPO local officers had came to mom's residence and had to escort him out on four different occasions within a 2 week period and they stated that he was a danger and questioned substance abuse. The officer is the county sherriff. Who do I go to as a superior?

Customer:

Thank you for so much help.

LADYLAWYER :

Oh okay, it wasn't just a Sheriff's Officer, it was the actual Sheriff?

Customer:

yes

LADYLAWYER :

You're very welcome. I am so sorry this is happening to your family.

LADYLAWYER :

Wow, okay. The sheriff is an elected official by the people and is not a bureaucratic employee. He has authority over any and all city and county property, and it's residents. The only authority over the sheriff is the Coroner, in most counties.

LADYLAWYER :

So...

LADYLAWYER :

You are going to need to go talk to the prosecutor (should be called state attorney or district attorney) in your county and tell them what is going on and that you want to press charges because this man has been violating the EPO.

Customer:

His deputies are the ones who had to escort him out previously. However, the serriff call my mom's himself and told me the man was coming there and I expressed serious concerns for my mom's and sisters safety and asked for a deputy to be there or at least across the road, incase he became violat and the serriff stated that he could not do that becouse they don't do that for anyone.

LADYLAWYER :

You can also request a hearing in front of the judge to tell him what has been going on and that the EPO is not being enforced.

LADYLAWYER :

Lastly, you can contact your local media and see if they will run a public interest story about this. If the Sheriff knows he is going to get some bad press (and alert the voters) then he may start following the laws and doing his job.

Customer:

I will do that... Thank you so very much.

LADYLAWYER :

My goodness, you're welcome! My best to you and your family!

Customer:

Thank you and have a wonderful day!!
You have been very helpful.

LADYLAWYER :

You as well! If you have any further questions, please just let me know. Also, if it's okay with you, I would like to leave this question open in case you have any follow up questions in the future.

LADYLAWYER :

No further charge!

Customer:

yes thank you.

LADYLAWYER :

If you do not have any additional questions at this time, would you kindly rate the service I have provided you with today? It costs you nothing further to do and will allow me to keep the question open for you to come back at any time to ask follow ups. Thanks so much. It has been a pleasure.

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 8 other Legal Specialists are ready to help you
Expert:  LADYLAWYER replied 1 year ago.

If you do not have any additional questions at this time, would you kindly rate the service I have provided you with today? It costs you nothing further to do and will allow me to keep the question open for you to come back at any time to ask follow ups. Thanks so much. It has been a pleasure.

Expert:  LADYLAWYER replied 1 year ago.

Hi Karen,

I see you were able to view my last few replies to you but you have not yet replied or rated my service. Please note that the only way an expert gets paid on this site is if their customer is rates "Okay Service", "Good Service", or "Excellent Service." If you do not leave a rating, I am not paid at all and the site keeps all of your deposit. Rating my service costs you nothing further to do, it just ensures that the site releases a small portion of what you already paid them, to me. And again, if you need any further help at all, please just let me know. Thanks!

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