(June 6, 2013 at 12:38 pm)KichigaiNeko Wrote: Umm correct me IF I'm wrong but doesn't a restraining order (worthless in my opinion) stop YOU from approaching Him? In that case how does HE get around approaching the house to pick up the 13 year old while YOU are there?
Yes, you are correct. It would forbid me from approaching him - which I am loath to do in the first place (dude doesn't believe in soap - seriously). I don't live there. You might have missed that he won't be picking up the 13 year old there for now - other arrangements have been made.
Aside from the fact that his chances of getting a restraining order are vanishingly close to zero, thanks to this little gem of a law. (his claim is further confounded by the fact that I didn't in fact *use* physical force, I only implied that I would if he didn't leave):
Oregon Revised Statutes Wrote:161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]
(The exceptions in 161.215 deal with issues of provocation, aggression, and mutual unlawful combat, and those in 161.219 deal with deadly force, none of which are applicable here.)
Keep in mind that this is a guy who thinks that lawful self defense and defense of others == assault, and that it's not domestic abuse if no one has a black eye or broken arm (yes, I'm serious).
I'm looking forward to seeing him get laughed out of the hearing.
