Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

How can I protect myself

Customer Question
I own a a gas...
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: 9 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
2/4/2008
Criminal Lawyer: Guru_Guy, Lawyer replied 9 years ago
Guru_Guy
Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2,418
Experience: Attorney trained in criminal law matters, and many years of advising on such matters..
Verified
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
Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2,418
Experience: Attorney trained in criminal law matters, and many years of advising on such matters..
Verified
Guru_Guy and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 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 reply replied 9 years ago
Relist: No answer yet.
I didn't get complete answer
Criminal Lawyer: Guru_Guy, Lawyer replied 9 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.
Ask Your Own Criminal Law Question
Customer reply replied 9 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 ?
Criminal Lawyer: Guru_Guy, Lawyer replied 9 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.
Ask Your Own Criminal Law Question
Ask Guru_Guy Your Own Question
Guru_Guy
Guru_Guy
Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2,418
2,418 Satisfied Customers
Experience: Attorney trained in criminal law matters, and many years of advising on such matters..

Guru_Guy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to rescind my domestic violence protective order from
I want to rescind my domestic violence protective order from my husband at our final hearing. it is to late if the state has picked it up? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I have a domestic violence charge against me. Jan 3. 9. Not
not really no one was hurt just a slight shove i have no criminal record… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I would like to know if a domestic violence felony offence
I would like to know if a domestic violence felony offence convicted in juvenile court 2 years ago canbe appealed. A misdemeanor with jail time was offered but in the confusion felony without jail time was chosen The sentence was probation that was completed in July 2017 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
84 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
Was involved in a Domestic violence case with my wife.
Was involved in a Domestic violence case with my wife.Incident details: Had an argument and accident in the kitchen involving my wife, during which i accidently touched a hot pan her upper chest area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I reopen domestic violence case if he is in provision
Second opinion] Can I reopen domestic violence case if he is in provision period now?Background: My husband got arrested in domestic violence case an year ago in November 2016 and case was in proceedi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I reopen domestic violence case if he is in provision
Can I reopen domestic violence case if he is in provision period now?Background: My husband got arrested in domestic violence case an year ago in November 2016 and case was in proceedings, His family … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Domestic violence case in Az, what will writing a letter as
Domestic violence case in Az, what will writing a letter as a victim to drop the charges really do for the case and how often will that actually work? … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
I was charged with domestic violence and found not guilty.
I was charged with domestic violence and found not guilty. How do I have this sealed. My spouse and I are back together. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I was arrested for domestic violence charge and the victim
I was arrested for domestic violence charge and the victim lied about what happen but there was a injury to the back of her head, snail gash. I threw my phone and it hit wall and then hit hers head. s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,263 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x