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To: DMaA who wrote (331284)	10/29/2009 5:59:22 PM
From: ManyMoose	Respond to of 793972

That settles it. Since the police department may (not equal to shall, whatever) enforce a restraining order, a person may (not equal to shall) provide his or her own protection. During divorce proceedings, Jessica Gonzales, a resident of Castle Rock, Colorado, obtained a restraining order against her husband on June 4, 1999, requiring him to remain at least 100 yards from her and their three daughters except during specified visitation time. On June 22, at approximately 5:15 pm, her husband took possession of the three children in violation of the order. Gonzales called the police at approximately 7:30 pm, 8:30 pm, 10:10 pm, and 12:15 am on June 23, and visited the police station in person at 12:40 am on June 23, 1999. However, the police took no action, despite the husband's having called Gonzales prior to her second call to the police and informing her that he had the children with him at an amusement park in Denver, Colorado. At approximately 3:20 am on June 23, 1999, the husband appeared at the Castle Rock police station and instigated a fatal shoot-out with the police. A search of his vehicle revealed the corpses of the three daughters, whom the husband had killed prior to his arrival. Castle Rock v. Gonzales - Wikipedia, the free encyclopedia (29 October 2009) en.wikipedia.org

To: DMaA who wrote (331284)	10/29/2009 6:08:16 PM
From: mph	Read Replies (1) \| Respond to of 793972

I didn't read the latter case, but did you read the statute at issue: “YOU SHALL USE EVERY REASONABLE MEANS TO ENFORCE THIS RESTRAINING ORDER. YOU SHALL ARREST, OR, IF AN ARREST WOULD BE IMPRACTICAL UNDER THE CIRCUMSTANCES, SEEK A WARRANT FOR THE ARREST OF THE RESTRAINED PERSON WHEN YOU HAVE INFORMATION AMOUNTING TO PROBABLE CAUSE THAT THE RESTRAINED PERSON HAS VIOLATED OR ATTEMPTED TO VIOLATE ANY PROVISION OF THIS ORDER AND THE RESTRAINED PERSON HAS BEEN PROPERLY SERVED WITH A COPY OF THIS ORDER OR HAS RECEIVED ACTUAL NOTICE OF THE EXISTENCE OF THIS ORDER.” Ibid. Despite using the word "shall" there are numerous options given for what "shall" be done. Lots of wiggle room for interpretation by law enforcement as to what they must do, depending on the circumstances presented.