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In my experience, unless perhaps it goes to trial, what ever is in the police report is "evidence" as far as the judge is concerned.
Which cop is going to change his report after the fact even if he realized it was wrong?
The value of a police report is golden or rust, depending on which side of the report you're on. Even if no one is there, it is the cops impression that goes
in to the report and they are in fact an early judge and prosecutor.
----- Original Message -----
Sent: Saturday, January 28, 2006 8:48 PM
Subject: Re: As anyone tried using a No tresspass notice
I disagree with James comment. Unless the police see the person there, they will only reporting what the Plaintiff told them. It's second hand hearsay. I doubt if this has any value in court. If the police see the person or find a neighbor corroborating the visit, then it should have value.
Bill
----- Original Message -----
Sent: Saturday, January 28, 2006 7:33 PM
Subject: Re: As anyone tried using a No tresspass notice
I don't agree with this advice. If the police came, they will make a note of the visit in their Police Log. Their logs are a matter of public record. If an RO is being sought, I advise to go to the Police station and get a copy of the incident report and bring it to court to verify the story and the rationale for an RO.
James
----- Original Message -----
Sent: Tuesday, January 24, 2006 8:58 PM
Subject: Re: As anyone tried using a No tresspass notice
Just got to court and skip the police. They will him to go court. This assumes he wants to cut off contact re his children and parenting time, etc. Any RO should be crafted carefully re these issues.
Bill
----- Original Message -----
Sent: Tuesday, January 24, 2006 7:46 PM
Subject: Re: As anyone tried using a No tresspass notice
How about trying to get a RO now, after she trespassed and kicked your door. Start with Police then the court.
----- Original Message -----
Sent: Tuesday, January 24, 2006 9:04 AM
Subject: As anyone tried using a No tresspass notice
In frustration with local law enforcement to protect me from my x wife and boyfriend . I have issued a no trespass notice I>A>W> mass general law.
I requested that I not be contacted except only on cell phone. and only in regard to our children.
This did not stop her from coming to my door and trying to kick in my door.
The police called and at least I did not get another false RO .
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When I took my ex to court for contempt, it started turning into a "he said/she said" argument. I presented my stack of 26 police reports that documented my ex withholding my period of possession.
Her lawyer smirked, "That's just paper; it is not admissible as evidence."
The judge responded directly to my ex, "It's true, this paper cannot be admitted as evidence. But I can subpoena every one of these cops that wrote these reports - and their testimony CAN be admitted as evidence. And if even one of those cops testifies they you withheld this man's boy from him, I'm going to make you pay for every one of those subpoenas."
For some reason, my ex decided to offer to allow 'make-up' days for the time my boy and I were cheated.
Police reports can be 'gold' if presented in the right way.
Don, the 14%er
Just-a-dad <vzeoeimy@VERIZON.NET> wrote:
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