In our recent blogs we have discussed several current security and safety topics post pandemic. While most of these issues are associated with conditions impacting large urban cities, other topics are not geocentric oriented. Our May blog discussed shoplifters and the impact on the retail industry, while our June blog talked about how to avoid becoming a victim of Check Washing/ Counterfeiting schemes. February’s blog took a deep dive in the online dating scams targeting seniors.
What is a Restraining Order? A restraining order is a legal document, typically the result of a criminal complaint, signed by a judge or magistrate designed to offer family members, domestic partners and in some instances private business owners’ legal distance and police protection in a hostile relationship turned aggressive and dangerous to one or more parties.
Once the local police have documented the threatening behavior, most of what you can expect from the police thereafter is reactive and responsive to a violation of the court order. On the other hand, private investigators often play a more prominent role working with plaintiffs attorneys and the complainant during the service of restraining order, along with helping in assessing related security vulnerabilities associated with underlied conditions.
The investigative team at Integrated Security Services has recently been involved in two investigative assignments associated with locating and serving defendants of restraining orders. In each case, our clients initially retained the services of a local sheriff, however with limited authority and resources the sheriff’s office was unable to track down the defendants. Using proprietary data obtained at our investigative office, both subjects were located, surveilled, and eventually served. Both matters are currently pending before the court. Integrated Security was also prepared to provide personal protection to each client if the defendant(s) failed to abide by the terms and conditions in the order, or a subsequent court appearance.
Conversely, while most of these assignments are driven by plaintiffs and their lawyers, from time -to-time we are hired by the defendant’s counsel to ensure plaintiffs are also compliant with the terms of the restraining order. You may be asking yourself if a defendant named in a domestic restraining order has the ability to hire an investigator or third party to gather information to help their own case? This is an interesting question which has resulted in several mixed decisions by the courts. The legal ramifications are beyond the scope of this blog, but from an investigative perspective, the answer is yes. If the private investigator is licensed to conduct business within the state and if the assignment is focused on specific tasks, and does not violate the terms of the order, the investigator can proceed with the assignment.
Additionally, pursuant to our referenced assignments above, our investigative team was also tasked with locating jointly owned property, as well as records associated with a previous DWI arrest and several moving violations. This was critical information for our client and directly related to an ongoing child custody matter.
Summary
For the courts to sign and issue a restraining order, there must be evidence that one or more parties are exhibiting threatening or harassing behavior and present danger and threat is immediate. Considering the recent surge is gun violence across the country, a timely intervention by the courts can save lives. The staff at Integrated Security Services have the knowledge, resources, and experience to assist with all your protective needs, whether it’s serving court documents, or observing and documenting either party in order to insure the integrity of all post service compliance. Our trained security and investigative staff can provide immediate personal protection to individuals & companies at all phases of your litigation process, including chaperoning individuals at court appearances. Additionally, our technical services staff can guide you through a security system setup that helps manage access control at your home or business, and provides 24/7 digital surveillance with alarm/panic intrusion capability. Lastly, our investigative team can conduct surveillance, to monitor and document breaches to the restraining order, ensuring that any violations of the order are independently validated by a professional non-party source.
Our investigative and security staff are available for a free consultation and can be reached 24/7 at 888-808-9119 or by visiting our website at www.intesecurity.com. Remember, in a life-threatening situation, always dial 911 first!
