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john65pennington's avatar

Was this the extreme in domestic violence?

Asked by john65pennington (29273points) January 19th, 2010

Man and woman had been married for several years. one cheated on the other and a divorce ensued. while waiting for a divorce court date, the woman wanted to protect “her property” from being taken out of their house, by her husband. woman hires a security guard to protect her bedroom. man has property in this bedroom and attempts to recover it. security guard pulls his weapon and fires at husband. security guard arrested for felonious assault. was this carrying domestic violence too far? if so, how? and, how should each persons personal property have been protected from theft by the other party?

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7 Answers

HTDC's avatar

It doesn’t sound terribly extreme .The woman didn’t want her property taken. She hired a security guard to keep it safe. The man tries to take it and the guard does what he’s paid to do. It was his fault for trying to take the property in the first place. Whether or not the belongings were rightly hers is another story.

filmfann's avatar

He pulled his weapon and fired! That is extreme!

Of course, he has nothing on OJ.

Dog's avatar

Was there a restraining order in place? If not the husband had the right of access to the mutual property as the divorce was not final. Without the order the guard was nothing more than a hired thug and was charged as such.

On encountering the situation the husband should have requested police escort into his home.

Regarding the question It really depends on the prior history.
Was there actual spousal abuse?
Was a restraining order in place?
If not then the hiring of the thug and the shooting sounds more like a set-up to eliminate the husband entirely.

john65pennington's avatar

Concerning the restraining order….....no. in this 50–50 state, you cannot restrain a man or a woman from their own home. this is where a major problem comes in with domestic violence. suppose you were in either ones position in this case. do you think a restraining order would be legal to keep you away from your own home?

life_after_2012's avatar

i agree with HTDC – i thinks its pretty open and shut – i don’t think a judge is gonna to use alot of resources to resolve this case. if both parties pour money into this case hopefully the end result would be benificial to the record books, ive never heard a story like that before i hope bith parties including the security gaurd will be okay

john65pennington's avatar

Each party verbally agreed to leave all the property inside the house, until a final divorce decision had been made by the court. that worked out okay. the security guards case was downgraded to an assault charge, so he could serve his 60 days in the workhouse and not in prison. he lost his job and his permit to carry a weapon. i think the woman definetely went to the extreme with the security guard, especially one that was trigger happy. this situation could have been a lot more serious, if the guards bullet had struck the husband.

TheJoker's avatar

I’ve gotta say, from the English perspective this seems outrageous. Regardless of the woman’s instructions to the security guard I cant see any way in which his actions could be deemed justifiable or proportional. The bottom line is, he shot at someone in their own house. I feel he should spend a long time in prison for this.

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