Advice

**grapevine** · 06-26-06, 12:02 PM

Oregon: I have been with my lady for just over a year now and within the past two weeks she has begun her custody battle for her little 5yr-old. Her daughter's daddy has a criminal record (so does she) with domestic abuse in the past.

That being said, I am in a delicate situation seeing as I was formerly licensed as an MMA fighter in an Arizona circuit and am an expert martial artist. I have no prior criminal record either. Emotions run high with these issues and as much as I feel this guy is scum, I know I must be aware of my behavior at all times. I want to abide by the law but still stand up for what I believe in...

"Citizen's arrest" in my understanding is a broad term enabling someone with my skills to be a "Good Samaritan." The circumstances that would lead me to put this individual under private arrest would be essentially an assault of any kind on her or her family in my presence, obviously. I assurred her I would protect her from her daughter's daddy if needed by asking her in the event an assault has been committed if she wants the arrest made. I would then procede with the arrest with every attempt to avoid bodily injury and notify the authorities. Suggestions?

FishTail · 06-26-06, 12:07 PM

Lawsuit waiting to happen.

**GarcoDeputy** · 06-26-06, 12:18 PM

"Citizen Arrest" is different in every state.

In Colorado a citizen can effect an arrest if a crime is committed in there presence.

The main thing is you have to be really careful. If I was you I would consult an attorney and then look into getting a restraining order for you and your girlfriend. As far as the little girl I don't know what the court will do as far as him having some sort of custody. That is why an attorney would come in handy.

Be careful because I am sure this other fellow is aware of your back ground and might try and bait you into doing something to benefit him down the road!!!

**Virginian** · 06-26-06, 01:15 PM

Might find yourself with a kidnapping charge if you aren't careful. Just call the cops as soon as he shows up, even if nothing happens. Better than getting yourself in trouble.

**Crimebytes2** · 06-26-06, 01:21 PM

Originally Posted by Virginian

Just call the cops as soon as he shows up, even if nothing happens. Better than getting yourself in trouble.

My thoughts exactly, Virginian! Better to be safe now than sorry later.

**jmur5074** · 06-26-06, 02:36 PM

First of all, know your laws in Oregon on citizens arrest, AND self defense....

Secondly, 99.9% of the time, your better off doing a tactical retreat, or avoidance instead of a citizens arrest. Just get away, and call 911.

FishTail · 06-26-06, 02:39 PM

Nothing wrong with lawful self-defence. I'd leave it at that. You know who he is and you can always swear out a warrant at a later date.

**dlefdal** · 06-26-06, 02:52 PM

I don't want to offend anybody on here.

That being said, doesn't this guy mention fighting and martial arts a little too much to make everybody comfortable?

I must say, when somebody tells me they are an expert fighter or martial artist, that doesn't perk my attention up nearly as much as when somebody is standing in a corner, watching over things and not saying a word.

It almost looks like he is looking for a reason to start a fight. I might be reading it wrong too.

Just my .02. Please don't take offense. It's hard to read into people's thoughts when they are writing because there is no inflection in their voice. No "non-verbal" communication.

FishTail · 06-26-06, 02:54 PM

Yeah, but I didn't want to be rude

On another note, anyone looking for advice from cops needs to pay attention to the presence or lack of a "Verified LEO" tag on a post.

**Virginian** · 06-26-06, 03:04 PM

Originally Posted by LongTail

On another note, anyone looking for advice from cops needs to pay attention to the presence or lack of a "Verified LEO" tag on a post.

ya ya ya

any illegal capture or detention of persons against their will, regardless of age

I'll provide references since I'm not legit

FishTail · 06-26-06, 05:00 PM

In this area you can ask LEO's police related questions. Only Verified LEO's will be able to answer questions in this forum, however, non-verifieds may reply to the answers

katiemh · 06-26-06, 05:09 PM

Originally Posted by grapevine

Suggestions?

I'm glad that you asked. My suggestion is for you to stay out of the situation. Without coming across as a bitch here, this is her problem, not yours. You can support her all you want, but there should be NO circumstance that would put you in a situation to make a "citizen's arrest." If he comes to YOUR house and starts causing problems. Call the police. Let them deal with him. Not you. If he comes to HER house and you're there. Same thing. And if there is a high chance of him battering someone, she needs to get a restraining order... but I'm assuming there isn't a high chance seeing as how you didn't state she has one now (or in the past year).

The fact that you're playing this "what if" concerns me. You're trying to fix her problem and take care of him. Let it be. Let her go through the courts and leave it at that. You're not her savior. And I don't see how you being an "expert martial artist" has anything to do with this. Be logical. Trying to deal with him will get you nothing but a criminal record.

**Autumn2009** · 06-26-06, 05:13 PM

"In this area you can ask LEO's police related questions. Only Verified LEO's will be able to answer questions in this forum, however, non-verifieds may reply to the answers"

Uh, has anyone ever noticed that that statement really makes no sense.

katiemh · 06-26-06, 05:16 PM

Originally Posted by Post#83Chief

"In this area you can ask LEO's police related questions. Only Verified LEO's will be able to answer questions in this forum, however, non-verifieds may reply to the answers"

Uh, has anyone ever noticed that that statement really makes no sense.

You're thinking too technical. It's basically saying, Verified's can answer. Non-verifieds should only respond for clarification of what a Verified said or to ask a question stemming from the original topic.

**Autumn2009** · 06-26-06, 05:17 PM

Originally Posted by katiemh

You're thinking too technical. It's basically saying, Verified's can answer. Non-verifieds should only respond for clarification of what a verifieds said or to ask a question stemming from the original topic.

That's way too much thinking.

**mavriktu** · 06-26-06, 05:29 PM

Sheeeshhhhh,talk about a headache I've got the motha of all now

**Virginian** · 06-26-06, 06:45 PM

Out of respect for Longtail, I will rephrase my comment into a question for clarification :P

Isn't it possible to get charged with kidnapping or something similar for detaining someone without proper authority or cause?

**Julie** · 06-26-06, 07:10 PM

No Offense meant , however some of us are former l.e.o.'s or retired or whatever the case , and therefore not being active duty at this moment , according to what i was told and read , we cant become verified , so sometimes the lack of a tag isnt always an indication of authenticity .

As for this guy , in mho , he is looking for validation to do something to show her he is in control of situation .

I agree with other posters in getting a restraining order first , and do not ever by any means put your hands on the other guy , thats a lawsuit and a possible conviction waiting to happen , keep a cell phone ready and call the cops , dont take anything into your own hands ...

**jmur5074** · 06-27-06, 01:35 AM

Originally Posted by Post#83Chief

"In this area you can ask LEO's police related questions. Only Verified LEO's will be able to answer questions in this forum, however, non-verifieds may reply to the answers"

Uh, has anyone ever noticed that that statement really makes no sense.

I've brought it up to the mods in the past, to make it so only verifieds can respond to questions, and only the original poster can post follow up questions.

But to no avail....