Bear 45/70 wrote:
David.Car wrote:
Since it is a recording, definitly get the police involved. +1 to restraining order.
Yeah, a restraining order has stopped how many guys intent on harming or killing someone? Lets try
ZERO! A waste of time and effort.
I'm going to have to respectfully disagree that it is a waste of time and effort, Bear and here's why. Self-defense is, AFAIK and have been able to determine, even in castle doctrine states, an affirmative defense rather than an absolute defense. In other words, the burden of proving self-defense is on the defendant if an over zealous prosecutor decides to prosecute the case. Having a restraining order, while in and of itself will not, as we know and you pointed out stop the BG from coming after you, it does lay part of the foundation for an affirmative self-defense legal defense. It lays proof that you were concerned about being harmed by the BG and that such concern rose to the level that a judge agreed that there was potential for harm and therefore granted a restraining order. The very fact that you would go through the time and effort to obtain it is evidence that you needed it. The very fact that the BG violated it to get close enough for you to need lethal force shows mal-intent and an illegal act on the BG's part.
So, while I agree with your first 2 sentences, I disagree with your conclusion on the off chance it would end up in court due to the vagaries of the legal system and the numerous and various prosecutors throughout the country.