Voices from the Grave, Betrayed by a
Restraining Order
Debi Olson had three restraining orders taken out
against her. But that didnt stop the woman
from ambushing ex-husband Mauricio Droguett in an
Iowa shopping mall last July, fatally stabbing him
in front of shocked mall-goers.
Toni Brown of Washington, DC was shot by former
girlfriend Raina Johnson on August 12, 2008,
leaving the woman paralyzed from her neck down.
Johnson is currently serving a 28-year sentence for
a crime the judge termed extraordinarily
brutal. A restraining order had been
previously issued against the assailant.
Karen Allende of New York City was walking to
work on a September day in 2006 when she was
attacked suddenly by her husband. She died that
morning on the sidewalk, a restraining order folded
neatly in her purse.
Each year 2-3 million domestic restraining
orders are issued for the purpose of curbing
domestic violence. Simply put, these orders of
protection are a hoax foisted on
unsuspecting victims, all at taxpayer expense.
Restraining orders are a travesty for the simple
reason that they dont work.
Debi Olson had stalked her ex-husband across the
country and worked herself into a lather of
spiteful rage. Does anyone in their right mind
really believe a piece of page will deter a person
who is that intent on killing her former
partner?
And a 1994 study published in the American
Journal of Public Health followed 150 women in
Houston, Texas who had applied for a restraining
order. Eighteen months later the researchers found
no difference in abuse levels between women who
received the order compared to those who did
not.
Ruing the lack of benefit, a 2005 report from
the Independent Womens Forum noted
restraining orders can lull women into a
false sense of security.
Some persons would simply shrug their shoulders,
saying theres an example of yet another
well-intentioned but useless government
program.
But other research shows restraining orders can
actually make a touchy situation worse. One
Department of Justice report, Civil
Protection Orders: Victims Views on
Effectiveness, found that six months after
issuance of the order, the percentage of persons
experiencing repeated physical abuse or stalking
had doubled, and the number facing psychological
abuse had tripled.
So how do restraining orders add fuel to the
fire? The reason is restraining orders are often
issued on the say-so of the complainant all
she has to do is tell the judge she is
frightened or afraid of her
partner no proof needed.
According to a study published in Cost
Management last year, 71% of restraining orders are
trivial or false. But according to the Connecticut
Office of Legislative Research, nothing is
being done to stop frivolous requests for
restraining orders.
So how would you feel if you were booted from
your house and told you couldnt see your kids
because your partner happened to be feeling blue
that day?
Other times a restraining order is part of a
calculated effort to gain a tactical edge during a
divorce action. A 2005 article in the Illinois Bar
Journal revealed restraining orders are part
of the gamesmanship of divorce. Elaine
Epstein, former president of the Massachusetts Bar
Association, once confided, Everyone knows
that restraining orders and orders to vacate are
granted to virtually all who apply.
Tales abound of schemers who violate the terms
of the restraining order, heaping even more
penalties on the hapless man.
Last summer Marshall Crandall of Vassalboro,
Maine got into an altercation with his wife. By the
womans own admission the exchange was mutual:
I picked him up three or four times and
slammed him on the ground. But when the
police arrived, they arrested only the man and a
restraining order was taken out against him.
Once in jail, she visited him on three
occasions. Even though she had initiated the
contacts, they were seen as a violation of the
restraining order. That unwanted attention earned
Mr. Crandall nine months behind bars.
By placing the burden of proof on the accused to
show his innocence, many worry restraining orders
violate fundamental notions of fairness and due
process. At one New Jersey seminar, startled judges
were told, Your job is not to become
concerned about all the constitutional rights of
the man that youre violating as you grant a
restraining order. Throw him out on the street,
give him the clothes on his back, and tell him,
See ya around.
Judge Milton Raphaelson of Massachusetts once
opined, Few lives, if any, have been saved,
but much harm, and possibly loss of lives, has come
from the issuance of restraining orders and the
arrests and conflicts ensuring therefrom.
Each year, the Violence Against Women Act spends
up to $75 million to promote restraining orders.
Thats the kind of wasteful federal program
that leaves a bad taste in taxpayers
mouths.
* * *
Carey
Roberts probes and lampoons political correctness.
His work has been published frequently in the
Washington Times, Townhall.com, LewRockwell.com,
ifeminists.net, Intellectual Conservative, and
elsewhere. He is a staff reporter for the New Media
Network. You can contact him at E-Mail
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