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All in one Tumpkin DV allegation thread - fed judge dismisses lawsuit against CU

Buffnik said:
Explains a lot about the defensive preparedness and energy for the Alamo Bowl. Key injuries to Spoon and Chido aside, with Leavitt gone, MacIntyre doing the awards banquet tour, Tumpkin dealing with lawyers and Clark interviewing... Jeffcoat was the only coach 100% focused on the task at hand. And, not surprisingly, the DL actually shut down OSU's gameplan of running over our defense like Washington had. It was the rest of the D that was out of sorts, not the DL.
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You could tell, plenty of guys looked a step slow.
 
tumpkin is as good as gone...new d cord can bring a secondary coach with him or mm can find one....totally replaceable postion
 
MtnBuff said:
I don't know what happened but the allegations are serious enough to justify an investigation by the authorities. If DV has/is occurring then action needs to be taken, there is no excuse. If it turns out the allegations are unfounded then it is best to have that out in the open as well dispel further rumors.

Unfortunately for a lot of people this kind of thing is a part of life. They continue in their occupation, and hope/wait for it to pass over. An assistant coach in a P5 football program though is a public figure in a public job. The public expects and has a right to expect a higher standard of conduct from people in this kind of position.

Let's hope that the process is able to get to the truth and that appropriate action is taken at that point. This is bad timing for something like this to happen but when is it good timing. If he is actually being violent with her then that is more important than any timing we would look at anyways.
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In typical Mtn fashion, he quotes my questions, gives us three paragraphs, but no where does he address any of my questions.
 
DiggerBuffs said:
A judge has to grant a Temporary restraining order or someone with the authority to see if you are in immediate danger.

Additionally the university has followed standard protocol IMO as well.
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So you are confusing me. I specifically asked if your post above had a legal basis or was just your opinion. You've not answered that. Here's your post:

Stick to your lanes people. This is a woman that has her **** together. Joe has been covered for by her repeatedly. She finally decided enough was enough.

You don't get this far in the process and have even a TPO and court date for a PPO if there isn't evidence or belief in wrongdoing. Part of that is likely a call that she covered for his ass again.
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is that an opinion, or a legal certainty? I'm just asking if you are in the legal profession or if others might comment. I honestly am seeking information here. If this is an opinion based on how these things normally go, fine. If this is in fact a certainty, because there's no TPO without evidence, I am interested in understanding that as well.
 
buffaholic said:
So you are confusing me. I specifically asked if your post above had a legal basis or was just your opinion. You've not answered that. Here's your post:



is that an opinion, or a legal certainty? I'm just asking if you are in the legal profession or if others might comment. I honestly am seeking information here. If this is an opinion based on how these things normally go, fine. If this is in fact a certainty, because there's no TPO without evidence, I am interested in understanding that as well.
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I am not a lawyer. But it is common knowledge and easily found of this LEGAL process. Like I said a judge has to grant it and occasionally the police jurisdiction.

Look it up. You have to have a basis for a restraining order. You can't just give a statement saying I want person A to not see me without damning evidence.
 
DiggerBuffs said:
I am not a lawyer. But it is common knowledge and easily found of this LEGAL process. Like I said a judge has to grant it and occasionally the police jurisdiction.

Look it up. You have to have a basis for a restraining order. You can't just give a statement saying I want person A to not see me without damning evidence.
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That's not correct. Most judges will issue a temporary order of protection based on a complainant's statement with no corroboration. A permanent order would require more, or the defendant's decision not to contest it.
 
BuffsNYC said:
That's not correct. Most judges will issue a temporary order of protection based on a complainant's statement with no corroboration. A permanent order would require more, or the defendant's decision not to contest it.
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My point is this. I can't file one saying Joe is a douchebag and is a dick every time I see him. But if I point to some specific reasons I willl get a Temp. And a judge grants it so it sure is a legal matter.
 
So, Digger correct me if I'm wrong, but an ex girlfriend with an axe to grind, could make up allegations of abuse, and a judge would almost certainly grant a TRO, until more information is found. So, I think you need to rescind your above post that buries the guy.

For the record, I don't necessarily believe Tumpkin is guilty or innocent, just want to make sure we are well informed what the possibilities may be. If the victim's claims are true about the police involvement prior, or any shed of evidence, I'm sure it comes out.
 
CU had no other choice. It's not like Tumpkin is an accountant working for H&R Block.
 
BuffLuKe said:
It's not the process, I agree with it. The damn picture it shows doesn't look good.
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Why is it so bad for the program?

Tumpkin is the one who looks bad, and he's headed towards his day in court.

The program and the University are following reasonable procedures.
 
DBT said:
CU had no other choice. It's not like Tumpkin is an accountant working for H&R Block.
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True I never denied they had another choice. Where he works doesn't matter if he did what he's accused of. He could be jobless, doesn't matter.
 
I'm not sure if I want to laugh or cry at this point. We had 10 years of misery until this year. Late November we're 10-2, recruiting like crazy and won the PAC 12 south.

1 month later: we got blown out in the PAC 12 championship and got blown out in the Alamo bowl. Our DC left for money to a rival and is poaching our recruits. Out DB coach left to join the same rival and now our safeties coach is suspended for DV. Oh and we lost one of our best recruits. It's always exciting being a buffs fan. Lol. Geez.
 
Buffsrock85 said:
I'm not sure if I want to laugh or cry at this point. We had 10 years of misery until this year. Late November we're 10-2, recruiting like crazy and won the PAC 12 south.

1 month later: we got blown out in the PAC 12 championship and got blown out in the Alamo bowl. Our DC left for money to a rival and is poaching our recruits. Out DB coach left to join the same rival and now our safeties coach is suspended for DV. Oh and we lost one of our best recruits. It's always exciting being a buffs fan. Lol. Geez.
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and lost a legend :RIP Rashaan Salaam:
 
buffaholic said:
So, Digger correct me if I'm wrong, but an ex girlfriend with an axe to grind, could make up allegations of abuse, and a judge would almost certainly grant a TRO, until more information is found. So, I think you need to rescind your above post that buries the guy.

For the record, I don't necessarily believe Tumpkin is guilty or innocent, just want to make sure we are well informed what the possibilities may be. If the victim's claims are true about the police involvement prior, or any shed of evidence, I'm sure it comes out.
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The process is as follows:

1. Complainant files a Verified Motion for Protective Order wherein he or she sets forth the facts for why he or she believes a Protective Order is necessary. "Verified" means that the Complainant makes the allegations under oath and the Motion is signed by a notary. As such, the Complainant may be subject to penalty of perjury for making false statements in the Motion.

2. Usually the same day as the Motion is filed, the Complainant will have a hearing before a judge to present the basis for a Protective Order. This is an informal process from an evidentiary prospective, and the judge can ask the Complainant any questions he or she wants.

3. Following review of the Motion and after the temporary hearing, if the judge finds that the party to be restrained presents a credible threat and that there is imminent danger to the Complainant's life and heath, the judge will issue the Temporary Protective Order and schedule a permanent protective order hearing. The TPO typically lasts for 14 days or up until the hearing date.

4. The person to be restrained is personally served with a copy of the TPO and ordered to appear for the permanent hearing.

5. The permanent hearing takes place. If the Complainant does not appear for the hearing, the TPO expires and no Permanent Order will issue. If both parties appear, the judge will hear evidence from both parties. If only the Complainant appears, the judge will hear evidence from the Complainant.

6. After the permanent hearing, the judge makes a finding. If the judge again finds that the person to be restrained presents a credible threat and that there is imminent danger to the life or health of the Complainant, the judge will issue the PPO and make rulings on a number of things depending on the circumstances (are there kids involved, do the parties work or go to school together, etc.). If the judge does not make the required finding, no PPO issues and the TPO expires.

Long way to say that everyone is right. There has to be something credible before a judge will issue the TPO, and the Complainant has to make the allegations under oath and penalty of perjury. However, the person to be restrained has no opportunity at this phase to contest the allegations, and judges are naturally going to err on the side of caution and issue a TPO even when he or she might have some misgivings about the allegations and evidence. It is only after the PPO hearing when you can get a better idea of the state of the case.
 
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