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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDo restraining orders work? They may have failed a South Jersey mother
Tara O'Shea-Watson, a 32-year-old mom in Commercial Township, told her friends that her husband had beat her and that she feared for her life.
She got a temporary restraining order, and then went to court to get a final order to keep her husband, Jeremiah Monell, away from her, to keep herself and her children safe.
On Dec. 18, however, she was found dead in her home. Her husband has been charged with her murder.
A restraining order, said Penny Woody Morey, the dead woman's friend and a victim of domestic violence, "It's a piece of paper that aggravates the person that they put the restraining order against."
...
Bianchi would like to see new laws that treats those who have abused a spouse similar to the way those on probation are treated -- with electronic monitoring and testing for drug abuse or mental illness. This way, there can be a record of the person violating the restraining order and police can be quickly notified before a potentially violent situation occurs.
Bianchi would also like to see a better relationship between the court and law enforcement with the person who files the restraining order so the person can be taught how to properly protect themselves from their abuser and know what resources are available to them.
"When you have a person intent on harming anther person they don't care about the paper," Bianchi said. "They are intent on victimizing. . .And, this is why we need to put teeth into the restraining orders, so we can prevent a violent act before it happens, not just react to it after it occurs."
http://www.nj.com/cumberland/index.ssf/2017/01/do_restraining_orders_work_they_appear_to_have_fai.html#incart_river_home
Amishman
(5,557 posts)Once someone decides not to obey the law, its all just pieces of paper until someone physically stops them.
unblock
(52,245 posts)For instance, tsa can seize a medium-sized shampoo bottle before someone boards a plane and, um, does something bad.
mythology
(9,527 posts)Just because the intervention happens before harm, doesn't mean it's not a crime. For example one can be arrested for hiring a hitman even if the hitman doesn't get a chance to kill the target.
Squinch
(50,954 posts)that it shouldn't have to enforce a restraining order, it doesn't have to and the person with the restraining order has no redress about it.
The story was this: The Gonzaleses were divorced. The wife had a restraining order against the husband for herself and her three children. The husband took the children one day without notice or permission. The wife called the police. The police decided that the husband "had the right to see his children." The wife told them where the husband was and said she had the restraining order and asked them to get the children. The police refused. The husband shot all three children dead, and then killed himself.
The wife sued the town. She lost all the way up to the Supreme Court.
Restraining orders are not worth much if your local cops are assholes.
oasis
(49,389 posts)mopinko
(70,120 posts)is evidence at your murderer's trial.
this would be great. domestic violence is the root violence in our culture and many others. take it seriously, and there will be benefits you cant even calculate.